S. 673 — National Highway Traffic Safety Administration Authorization Act of 1989

 
Calendar No. 121
101st CONGRESS
1st Session
S. 673
[Report No. 101-49]
A BILL
To amend the National Traffic and Motor Vehicle Safety Act of 1966 and the
Motor Vehicle Information and Cost Savings Act to authorize appropriations
for fiscal years 1990 and 1991, and for other purposes.
June 13 (legislative day, JANUARY 3), 1989
Reported with an amendment
S 673 RS
Calendar No. 121
101st CONGRESS
1st Session
S. 673
[Report No. 101-49]
To amend the National Traffic and Motor Vehicle Safety Act of 1966 and the
Motor Vehicle Information and Cost Savings Act to authorize appropriations
for fiscal years 1990 and 1991, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 17 (legislative day, JANUARY 3), 1989
Mr. BRYAN (for himself, Mr. HOLLINGS, Mr. DANFORTH, Mr. GORTON, Mr. GORE,
Mr. KERRY, and Mr. MCCAIN) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and Transportation
June 13 (legislative day, JANUARY 3), 1989
Reported by Mr. HOLLINGS, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
A BILL
To amend the National Traffic and Motor Vehicle Safety Act of 1966 and the
Motor Vehicle Information and Cost Savings Act to authorize appropriations
for fiscal years 1990 and 1991, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,  [Struck out->] That this Act
  may be cited as the `National Highway Traffic Safety Administration
  Authorization Act of 1989'. [<-Struck out]
 [Struck out->] DEFINITIONS [<-Struck out]
 [Struck out->]   SEC. 2. As used in this Act, the term-- [<-Struck out]
 [Struck out->]   (1) `multipurpose passenger vehicle' and `passenger
 automobile' shall have the meaning given such terms by the Secretary; and
 [<-Struck out]
 [Struck out->]   (2) `Secretary' means the Secretary of
 Transportation. [<-Struck out]
 [Struck out->] TITLE I--AUTHORIZATION OF APPROPRIATIONS GENERAL AUTHORIZATIONS
 [<-Struck out]
 [Struck out->]   SEC. 101. (a) Section 121 of the National Traffic and
 Motor Vehicle Safety Act of 1966 (15 U.S.C. 1409) is amended-- [<-Struck out]
 [Struck out->]   (1) by striking `and'; and [<-Struck out]
 [Struck out->]   (2) by striking the period and inserting in lieu thereof
 `, $65,424,000 for fiscal year 1990 and $68,433,000 for fiscal year
 1991.'. [<-Struck out]
 [Struck out->]   (b) Section 111 of the Motor Vehicle Information and Cost
 Savings Act (15 U.S.C. 1921) is amended-- [<-Struck out]
 [Struck out->]   (1) by striking `and'; and [<-Struck out]
 [Struck out->]   (2) by striking the period and inserting in lieu thereof `,
 $336,000 for fiscal year 1990, and $351,000 for fiscal year 1991.'. [<-Struck
 out]
 [Struck out->]   (c) Section 209 of the Motor Vehicle Information and Cost
 Savings Act (15 U.S.C. 1949) is amended-- [<-Struck out]
 [Struck out->]   (1) by striking `and'; and [<-Struck out]
 [Struck out->]   (2) by striking the period and inserting in lieu thereof
 `, $2,384,000 for fiscal year 1990, and $2,493,000 for fiscal year
 1991.'. [<-Struck out]
 [Struck out->]   (d) Section 417 of the Motor Vehicle Information and Cost
 Savings Act (15 U.S.C. 1990g) is amended-- [<-Struck out]
 [Struck out->]   (1) by striking `and'; and [<-Struck out]
 [Struck out->]   (2) by striking the period and inserting in lieu thereof `,
 $640,000 for fiscal year 1990, and $669,000 for fiscal year 1991.'. [<-Struck
 out]
 [Struck out->]   (e) Section 211(b) of the National Driver Register Act of
 1982 (23 U.S.C. 401 note) is amended)-- [<-Struck out]
 [Struck out->]   (1) by striking `and' the second time it appears; and
 [<-Struck out]
 [Struck out->]   (2) by inserting immediately before the period at the end
 the following: `not to exceed $5,315,000 for fiscal year 1990, and not to
 exceed $5,559,000 for fiscal year 1991'. [<-Struck out]
 [Struck out->] COMMUNITY EDUCATION PROGRAM [<-Struck out]
 [Struck out->]   SEC. 102. In order to carry out a national program of
 community education regarding (1) drunk driving prevention and (2) the
 use and effectiveness of airbag technology, the Secretary may derive an
 additional amount not to exceed $10,000,000 from unobligated balances
 of funds made available for highway safety programs under section 408
 of title 23, United States Code. Of the funds allocated to such efforts,
 not less than one-half shall be used for educational efforts related to
 airbags. Such amounts shall remain available until expended. [<-Struck out]
 [Struck out->] TITLE II--SIDE IMPACT PROTECTION AND CRASHWORTHINESS DATA
 SIDE IMPACT PROTECTION [<-Struck out]
 [Struck out->]   SEC. 201. (a) The Secretary shall, not later than twelve
 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 protection for occupants of passenger automobiles in
 side impact accidents. [<-Struck out]
 [Struck out->]   (b) Not later than sixty days after the date of enactment
 of this Act, the Secretary shall issue a notice of proposed rulemaking to
 extend the applicability of such Standard 214 to multipurpose passenger
 vehicles. The Secretary shall, not later than two years after such date of
 enactment, issue a final rule on such extension, taking into account the
 performance criteria established by the final rule issued in accordance
 with subsection (a). [<-Struck out]
 [Struck out->] AUTOMOBILE CRASHWORTHINESS DATA [<-Struck out]
 [Struck out->]   SEC. 202. (a)(1) The Secretary shall, within thirty 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 which will enable consumers to compare meaningfully
 the crashworthiness of different passenger automobile and multipurpose
 passenger vehicle makes and models. [<-Struck out]
 [Struck out->]   (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
 automobile 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 rule: [<-Struck out]
 [Struck out->]   (A) information on the degree to which different passenger
 automobile and multipurpose passenger vehicle makes and models will protect
 occupants across the range of motor vehicle crash types when in use on
 public roads; [<-Struck out]
 [Struck out->]   (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; [<-Struck out]
 [Struck out->]   (C) ratings which are accurate, simple in form, readily
 understandable, and of benefit to consumers in making informed decisions
 in the purchase of automobiles; [<-Struck out]
 [Struck out->]   (D) dissemination of comparative crashworthiness ratings to
 consumers either at the time of introduction of a new passenger automobile
 or multipurpose passenger vehicle make or model or very soon after such
 time of introduction; and [<-Struck out]
 [Struck out->]   (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. [<-Struck out]
 [Struck out->]   (3) Any such arrangement shall require the National Academy
 of Sciences to report to the Secretary and the Congress not later than
 nineteen 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. [<-Struck out]
 [Struck out->]   (4) Within sixty days after transmittal of the report of
 the National Academy of Sciences to the Secretary and the Congress under
 paragraph (3) of this subsection, the Secretary shall initiate a period
 (not longer than ninety 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 passenger automobiles and multipurpose
 passenger vehicles. [<-Struck out]
 [Struck out->]   (5) Not later than one hundred and eighty 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 automobiles 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. [<-Struck out]
 [Struck out->]   (b)(1) If the Secretary determines that the system described
 in subsection (a)(5) of this section can be established, the Secretary shall,
 subject to the exception provided in paragraph (2) of this subsection, not
 later than three 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 automobiles 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 automobiles and multipurpose
 passenger vehicles so as to contribute meaningfully to informed purchase
 decisions. [<-Struck out]
 [Struck out->]   (2) The Secretary shall not promulgate such rule unless
 (A) a period of sixty 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) of this section, or
 (B) each such committee before the expiration of such sixty-day period
 has transmitted to the Secretary written notice to the effect that such
 committee has no objection to the promulgation of such rule. [<-Struck out]
 [Struck out->]   (c) If the Secretary promulgates a rule under subsection
 (b) of this section, not later than six months after such promulgation, the
 Secretary shall by rule establish procedures requiring passenger automobile
 and multipurpose passenger vehicle dealers to make available to prospective
 passenger automobile and multipurpose passenger vehicle purchasers information
 developed by the Secretary and provided to the dealer which contains data
 comparing the crashworthiness of passenger automobiles and multipurpose
 passenger vehicles. [<-Struck out]
 [Struck out->] TITLE III--MISCELLANEOUS PROVISIONS STANDARDS COMPLIANCE
 [<-Struck out]
 [Struck out->]   SEC. 301. 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 new subsection: [<-Struck out]
 [Struck out->]   `(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. [<-Struck out]
 [Struck out->]   `(2) The Secretary shall, not later than six 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.'. [<-Struck out]
 [Struck out->] INVESTIGATION AND PENALTY PROCEDURES [<-Struck out]
 [Struck out->]   SEC. 302.(a) 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.'. [<-Struck out]
 [Struck out->]   (b) 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 thereof 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.'. [<-Struck out]
 [Struck out->] TRAFFIC SAFETY FOR HANDICAPPED INDIVIDUALS [<-Struck out]
 [Struck out->]   SEC. 303. (a) The Congress finds that-- [<-Struck out]
 [Struck out->]   (1) a number of States fail to recognize the symbols of
 other States for the identification of motor vehicles transporting individuals
 with handicaps that limit or impair the ability to walk; and [<-Struck out]
 [Struck out->]   (2) the failure to recognize such symbols increases the
 likelihood that such individuals will be involved in traffic accident
 incidents resulting in injury or death, posing a threat to the safety of
 such individuals as well as the safety of the operators of motor vehicles
 and others. [<-Struck out]
 [Struck out->]   (b)(1) Section 402(b) of title 23, United States Code,
 is amended by adding at the end the following: [<-Struck out]
 [Struck out->]   `(3)(A) After the date that is eighteen months following
 the date of enactment of the National Highway Traffic Safety Administration
 Authorization Act of 1989, the Secretary shall not approve any State
 highway safety program under this section unless the program provides for the
 implementation of a uniform system for handicapped parking designed to enhance
 the safety of handicapped and nonhandicapped individuals. [<-Struck out]
 [Struck out->]   `(B) For purposes of this paragraph, a uniform system
 for handicapped parking designed to enhance the safety of handicapped and
 nonhandicapped individuals is a system which-- [<-Struck out]
 [Struck out->]   `(i) adopts the International Symbol of Access (as
 adopted by Rehabilitation International in 1969 at its 11th World Congress
 on Rehabilitation of the Disabled) as the only recognized symbol for the
 identification of vehicles used for transporting individuals with handicaps
 which limit or impair the ability to walk; [<-Struck out]
 [Struck out->]   `(ii) provides for the issuance of license plates displaying
 the International Symbol of Access for vehicles which will be used to
 transport individuals with handicaps which limit or impair the ability to
 walk, under criteria determined by the State; [<-Struck out]
 [Struck out->]   `(iii) provides for the issuance of removal windshield
 placards (displaying the International Symbol of Access) to individuals
 with handicaps which limit or impair the ability to walk, under criteria
 determined by the State; [<-Struck out]
 [Struck out->]   `(iv) provides that fees charged for the licensing
 or registration of a vehicle used to transport such individuals with
 handicaps do not exceed fees charged for the licensing or registration of
 other similar vehicles operated in the State; and [<-Struck out]
 [Struck out->]   `(v) for purposes of easy access parking, recognizes
 licenses and placards displaying the International Symbol of Access which
 have been issued by other States and countries.'. [<-Struck out]
 [Struck out->]   (2) Section 402(c) of title 23, United States Code, is
 amended by inserting immediately after `, as appropriate' the first place
 it appears the following: `; except that in the case of a failure to obtain
 approval of or implement a highway safety program because of noncompliance
 with subsection (b)(3), such funds shall be reduced by amounts equal to
 2 per centum of the amounts that would otherwise be apportioned to the
 State under this section, until such time as the Secretary approves such
 program or determines that the State is implementing an approved program,
 as appropriate'. [<-Struck out]
 [Struck out->]   (c) Beginning not later than twenty-four months after
 the date of enactment of this Act, the Secretary shall annually evaluate
 compliance by the States with the amendments made by this section. The
 Secretary shall submit to Congress an annual report regarding such
 evaluation. [<-Struck out]
 [Struck out->] MULTIPURPOSE PASSENGER VEHICLE SAFETY [<-Struck out]
 [Struck out->]   SEC. 304. (a) The Congress finds that-- [<-Struck out]
 [Struck out->]   (1) multipurpose passenger vehicles have become
 increasingly popular during this decade and are being used increasingly
 for the transportation of passengers, not property; and [<-Struck out]
 [Struck out->]   (2) the safety of passengers in multipurpose passenger
 vehicles has been compromised by the failure to apply to them the Federal
 motor vehicle safety standards applicable to passenger automobiles. [<-Struck
 out]
 [Struck out->]   (b) In addition to the rulemaking requirements applicable
 to multipurpose passenger vehicles under other provisions of this Act,
 the Secretary shall initiate (not later than sixty days after the date
 of enactment of this Act) and complete (not later than twelve months
 after such date of enactment) a rulemaking to revise, where appropriate,
 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-- [<-Struck out]
 [Struck out->]   (1) Federal Motor Vehicle Safety Standard 216, published
 as section 571.216 of title 49, Code of Federal Regulations, to provide
 minimum roof crush resistance standards for multipurpose passener vehicles;
 [<-Struck out]
 [Struck out->]   (2) Federal Motor Vehicle Safety Standard 108, published
 as section 571.108 of title 49, Code of Federal Regulations, to provide
 for a single, high-mounted stoplamp on multipurpose passenger vehicles;
 and [<-Struck out]
 [Struck out->]   (3) Federal Motor Vehicle Safety Standard 208, published
 as section 571.208 of title 49, Code of Federal Regulations, to extend the
 requirements of outboard front seat passive restraint occupant protection
 systems to multipurpose passenger vehicles. [<-Struck out]
 [Struck out->]   (c) In accordance with the applicable provisions of the
 National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et
 seq.), the Secretary shall, not later than twelve months after the date of
 enactment of this Act, complete a rulemaking-- [<-Struck out]
 [Struck out->]   (1) to review the system of classification of vehicles
 with a gross vehicle weight under ten thousand pounds to determine if such
 vehicles should be reclassified; [<-Struck out]
 [Struck out->]   (2) to revise Federal Motor Vehicle Safety Standard 202,
 published as section 571.202 of title 49, Code of Federal Regulations,
 to provide for head restraints for multipurpose passenger vehicles; and
 [<-Struck out]
 [Struck out->]   (3) to establish a Federal Motor Vehicle Safety Standard
 to protect against unreasonable risk of rollover of multipurpose passenger
 vehicles. [<-Struck out]
 [Struck out->] REAR SEATBELTS [<-Struck out]
 [Struck out->]   SEC. 305. (a) 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 complete, within twelve months after the date of
 enactment of this act, a rulemaking to amend Federal Motor Vehicle Safety
 Standard 208, published as section 571.208 of title 49, Code of Federal
 Regulations, to provide that the outboard rear seat passengers of all
 passenger automobiles, except convertibles, manufactured after September
 1, 1989, shall have lap and shoulder seatbelt protection, and that the
 outboard rear seat passengers of all multipurpose passenger vehicles and
 all convertible passenger automobiles manufactured after September 1, 1990,
 shall have lap and shoulder seatbelt protection. [<-Struck out]
 [Struck out->]   (b) Notwithstanding any other provison of law, not less
 than 10 percent of the funds authorized to be appropriated under section
 209 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1949)
 in fiscal years 1990 and 1991 shall be utilized to disseminate information
 to consumers regarding the manner in which passenger automobiles may be
 retrofitted with lap and shoulder rear seatbelts. [<-Struck out]
 [Struck out->] CERTIFICATION OF BUMPERS [<-Struck out]
 [Struck out->]   SEC. 306. The Motor Vehicle Information and Cost Savings
 Act (15 U.S.C. 1901 et seq.) is amended by inserting after section 102 the
 following new subsection: [<-Struck out]
 [Struck out->] `DISCLOSURE OF BUMPER IMPACT CAPABILITY [<-Struck out]
 [Struck out->]   `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 one hundred and eighty days after the date such regulation is
 promulgated, as provided in subsection (c)(2) of this section. [<-Struck out]
 [Struck out->]   `(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. [<-Struck out]
 [Struck out->]   `(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). [<-Struck out]
 [Struck out->]   `(c)(1) Not later than ninety days after the date of
 enactment of this section, the Secretary shall publish in the Federal
 Register a proposed initial regulation under this section. [<-Struck out]
 [Struck out->]   `(2) Not later than one hundred and fifty days after such
 date of enactment, the Secretary shall promulgate a final initial regulation
 under this section. [<-Struck out]
 [Struck out->]   `(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). [<-Struck out]
 [Struck out->]   `(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 motor vehicles. The Secretary may by
 rule require automobile dealers to distribute to prospective purchasers
 any information compiled pursuant to this subsection. [<-Struck out]
 [Struck out->]   `(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.'. [<-Struck out]
 [Struck out->] CHILD BOOSTER SEATS [<-Struck out]
 [Struck out->]   SEC. 307. (a) 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 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 automobiles. The rulemaking shall be initiated not later
 than thirty days after the date of enactment of this Act and completed not
 later than twelve months after such date of enactment. [<-Struck out]
 [Struck out->]   (b) 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,
 of Code of Federal Regulations, as in effect on the date of the enactment
 of this Act. [<-Struck out]
 [Struck out->] AIRBAG REQUIREMENT FOR FEDERAL PASSENGER VEHICLES [<-Struck
 out]
 [Struck out->]   SEC. 308. 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 automobiles
 acquired after September 30, 1990, for use by the Federal Government be
 equipped, to the maximum extent practicable, with driver-side airbags and
 that all passenger automobiles 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 passenger seating
 positions. [<-Struck out]
 [Struck out->] STATE MOTOR VEHICLE SAFETY INSPECTION PROGRAMS [<-Struck out]
 [Struck out->]   SEC. 309. Part A of title II 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: [<-Struck out]
 [Struck out->] `STATE MOTOR VEHICLE SAFETY INSPECTION PROGRAMS [<-Struck out]
 [Struck out->]   `SEC. 304. (a) The Secretary shall, within thirty days
 after the date of the enactment of this section, enter into appropriate
 arrangements with the National Academy of Sciences to conduct a study of
 the effectiveness of State motor vehicle safety inspection programs in--
 [<-Struck out]
 [Struck out->]   `(1) reducing motor vehicle accidents that result in
 injuries and deaths; and [<-Struck out]
 [Struck out->]   `(2) limiting the number of defective or unsafe motor
 vehicles on the highways. [<-Struck out]
 [Struck out->]   `(b)(1) The study shall include an evaluation of the
 implementation, inspection criteria, personnel, budgeting, and enforcement
 of all types of State motor vehicle inspection programs or periodic motor
 vehicle inspection programs, including inspections of motor vehicle brakes,
 glass, steering, suspension, and tires. [<-Struck out]
 [Struck out->]   `(2) If warranted by the study, the National Academy
 of Sciences shall develop and submit to the Congress recommendations
 for an effective and efficient State motor vehicle safety inspection
 program. [<-Struck out]
 [Struck out->]   `(c) The study shall also consider the feasibility of use
 by States of private organizations to conduct motor vehicle safety inspection
 programs of combining safety and emission inspection programs. [<-Struck out]
 [Struck out->]   `(d) Appropriate public and private agencies and
 organizations, including the Secretary, the Administrator of the Environmental
 Protection Agency, affected industries and consumer organizations, State
 and local officials, and the motor vehicle insurance industry should be
 consulted in conducting the study required under this section. [<-Struck out]
 [Struck out->]   `(e) The study required by subsection (a) shall be completed
 and transmitted to the Committee on Commerce, Science, and Transportation
 of the Senate and the Committee on Energy and Commerce of the House of
 Representatives within nineteen months after the date of enactment of this
 section.'. [<-Struck out]
 [Struck out->] RECALL OF CERTAIN MOTOR VEHICLES [<-Struck out]
 [Struck out->]   SEC. 310. (a) 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: [<-Struck out]
 [Struck out->]   `(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. [<-Struck out]
 [Struck out->]   `(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. [<-Struck out]
 [Struck out->]   `(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.'. [<-Struck out]
 [Struck out->]   (b) 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: [<-Struck out]
 [Struck out->]   `(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-- [<-Struck out]
 [Struck out->]   `(1) the defect or failure to comply with has been remedied
 in accordance with this section before delivery under such sale or lease;
 or [<-Struck out]
 [Struck out->]   `(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. [<-Struck out]
 [Struck out->] Nothing in this subsection shall be construed to prohibit
 any dealer from offering for sale or lease such vehicle or item of
 equipment.'. [<-Struck out]
 [Struck out->] STUDY OF DARKENED WINDOWS [<-Struck out]
 [Struck out->]   SEC. 311. The Administrator of the National Highway
 Traffic Safety Administration shall conduct a study of the use of darkened
 windshields and window glass in passenger automobiles. In particular,
 the study shall consider the effects of such use on the safe operation of
 passenger automobiles, as well as on the hazards from such use to the safety
 of law enforcement personnel. In conducting such study, the Administrator
 shall consult with appropriate industry representatives, officials of law
 enforcement departments and agencies, and consumer representatives. The
 Administrator shall submit the results of such study to the Committee on
 Commerce, Science, and Transportation of the Senate and the Committee on
 Energy and Commerce of the House of Representatives not later than six
 months after the date of enactment of this Act. [<-Struck out]
 [Struck out->] PETITIONS REGARDING CORPORATE AVERAGE FUEL ECONOMY STANDARDS
 [<-Struck out]
 [Struck out->]   SEC. 312. Section 502(d)(1) of the Motor Vehicle
 Information and Cost Savings Act (15 U.S.C. 2002(d)(1)) is amended by striking
 `1980. Such application' and inserting in lieu thereof the following: `1980,
 or for any model year after model year 1991. Any application seeking such
 modification'. [<-Struck out]
 [Struck out->] JUDICIAL REVIEW OF ACTIONS ON CERTAIN PETITIONS [<-Struck out]
 [Struck out->]   SEC. 313. Section 124(d) of the National Traffic and Motor
 Vehicle Safety Act of 1966 (15 U.S.C. 1410a(d)) is amended by adding at
 the end the following: `The denial of such petition is final agency action
 subject to judicial review as provided in section 706 of title 5, United
 States Code.'. [<-Struck out]
 [Struck out->] BUMPER STANDARD [<-Struck out]
 [Struck out->]   SEC. 314. (a) Not later than one year after the date of
 enactment of this Act, the Secretary shall, in accordance with section 102
 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1912),
 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 automobiles manufactured
 after September 1, 1990. [<-Struck out]
 [Struck out->]   (b) Nothing in this section shall be construed to prohibit
 the Secretary from requiring under such part 581 that passenger automobile
 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. [<-Struck out]
 [Struck out->] GRANT PROGRAM CONCERNING USE OF SEATBELTS AND CHILD RESTRAINT
 SYSTEMS [<-Struck out]
 [Struck out->]   SEC. 315. (a) Chapter 4 of title 23, United States Code,
 is amended by adding at the end the following new section: [<-Struck out]
 [Struck out->] `Sec. 411. Seatbelt and child restraint programs [<-Struck out]
 [Struck out->]   `(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. [<-Struck out]
 [Struck out->]   `(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 two fiscal years preceding the date of enactment
 of this section. [<-Struck out]
 [Struck out->]   `(c) No State may receive grants under this section in more
 than three fiscal years. The Federal share payable for any grant under this
 section shall not exceed-- [<-Struck out]
 [Struck out->]   `(1) in the first fiscal year a State receives a grant
 under this section, 75 per centum 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; [<-Struck out]
 [Struck out->]   `(2) in the second fiscal year the State receives a grant
 under this section, 50 per centum of the cost of implementing and enforcing
 in such fiscal year such program; and [<-Struck out]
 [Struck out->]   `(3) in the third fiscal year the State receives a grant
 under this section, 25 per centum of the cost of implementing and enforcing
 in such fiscal year such program. [<-Struck out]
 [Struck out->]   `(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 per centum
 of the amount apportioned to such State for fiscal year 1990 under section
 402. [<-Struck out]
 [Struck out->]   `(e) A State is eligible for a grant under this section
 if such State-- [<-Struck out]
 [Struck out->]   `(1) has in force and effect a law requiring all occupants
 of a passenger automobile to use seatbelts; [<-Struck out]
 [Struck out->]   `(2) has achieved-- [<-Struck out]
 [Struck out->]   `(A) in the year immediately preceding a first-year grant,
 the lesser of either (i) 70 per centum seatbelt use by occupants and passenger
 automobiles in the State or (ii) an increase of at least 20 per centum over
 the rate of seatbelt use by such occupants achieved in 1989; [<-Struck out]
 [Struck out->]   `(B) in the year immediately preceding a second-year grant,
 the lesser of either (i) 80 per centum seatbelt use by occupants or (ii)
 an increase of at least 35 per centum over the rate of seatbelt use by such
 occupants achieved in 1989; [<-Struck out]
 [Struck out->]   `(C) in the year immediately preceding a third-year grant,
 the lesser of either (i) 90 per centum seatbelt use by occupants or (ii)
 an increase of at least 45 per centum over the rate of seatbelt use by such
 occupants achieved in 1989; and [<-Struck out]
 [Struck out->]   `(3) has in force and effect an effective program, as
 determined by the Secretary, for encouraging the correct use of child
 restraint systems. [<-Struck out]
 [Struck out->]   `(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. [<-Struck out]
 [Struck out->]   `(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 1990, and $20,000,000 for each of the fiscal
 years 1991 and 1992.'. [<-Struck out]
 [Struck out->]   (b) The analysis of chapter 4 of title 23, United States
 Code, is amended by adding at the end thereof the following: [<-Struck out]
 [Struck out->] `411. Seatbelt and child restraint programs.'. [<-Struck out]
That this Act may be cited as the `National Highway Traffic Safety
Administration Authorization Act of 1989'.
DEFINITIONS
  SEC. 2. As used in this Act, the term--
  (1) `multipurpose passenger vehicle' and `passenger automobile' shall have
  the meaning given such terms by the Secretary; and
  (2) `Secretary' means the Secretary of Transportation.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
GENERAL AUTHORIZATIONS
  SEC. 101. (a) Section 121 of the National Traffic and Motor Vehicle Safety
  Act of 1966 (15 U.S.C. 1409) is amended--
  (1) by striking `and'; and
  (2) by striking the period and inserting in lieu thereof `, $65,424,000
  for fiscal year 1990, and $68,433,000 for fiscal year 1991.'.
  (b) Section 111 of the Motor Vehicle Information and Cost Savings Act
  (15 U.S.C. 1921) is amended--
  (1) by striking `and'; and
  (2) by striking the period and inserting in lieu thereof `, $336,000 for
  fiscal year 1990, and $351,000 for fiscal year 1991.'.
  (c) Section 209 of the Motor Vehicle Information and Cost Savings Act
  (15 U.S.C. 1949) is amended--
  (1) by striking `and'; and
  (2) by striking the period and inserting in lieu thereof `, $2,384,000
  for fiscal year 1990, and $2,493,000 for fiscal year 1991.'.
  (d) Section 417 of the Motor Vehicle Information and Cost Savings Act
  (15 U.S.C. 1990g) is amended--
  (1) by striking `and'; and
  (2) by striking the period and inserting in lieu thereof `, $640,000 for
  fiscal year 1990, and $669,000 for fiscal year 1991.'.
  (e) 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:
  `not to exceed $5,315,000 for fiscal year 1990, and not to exceed $5,559,000
  for fiscal year 1991'.
COMMUNITY EDUCATION PROGRAM
  SEC. 102. In order to carry out a national program of community education
  regarding (1) drunk driving prevention and (2) the use and effectiveness
  of airbag technology, the Secretary may derive an additional amount not
  to exceed $10,000,000 from unobligated balances of funds made available
  for highway safety programs under section 408 of title 23, United States
  Code. Of the funds allocated to such efforts, not less than one-half shall
  be used for educational efforts related to airbags. Such amounts shall
  remain available until expended.
TITLE II--SIDE IMPACT PROTECTION AND CRASHWORTHINESS DATA
SIDE IMPACT PROTECTION
  SEC. 201. (a) The Secretary shall, not later than twelve 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 protection for occupants of passenger automobiles in side
  impact accidents.
  (b) Not later than sixty days after the date of enactment of this Act,
  the Secretary shall issue a notice of proposed rulemaking to extend the
  applicability of such Standard 214 to multipurpose passenger vehicles. The
  Secretary shall, not later than two years after such date of enactment,
  issue a final rule on such extension, taking into account the performance
  criteria established by the final rule issued in accordance with subsection
  (a).
AUTOMOBILE CRASHWORTHINESS DATA
  SEC. 202. (a)(1) The Secretary shall, within thirty 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 which will enable consumers to compare meaningfully
  the crashworthiness of different passenger automobile 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 automobile
  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 rule:
  (A) information on the degree to which different passenger automobile 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) dissemination of comparative crashworthiness ratings to consumers
  either at the time of introduction of a new passenger automobile 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 nineteen 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 sixty days after transmittal of the report of the National
  Academy of Sciences to the Secretary and the Congress under paragraph (3)
  of this subsection, the Secretary shall initiate a period (not longer than
  ninety 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 passenger automobiles and multipurpose
  passenger vehicles.
  (5) Not later than one hundred and eighty 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 automobiles 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)(1) If the Secretary determines that the system described in subsection
  (a)(5) of this section can be established, the Secretary shall, subject to
  the exception provided in paragraph (2) of this subsection, not later than
  three 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 automobiles 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 automobiles 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
  sixty 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) of this section, or (B) each such committee before
  the expiration of such sixty-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) If the Secretary promulgates a rule under subsection (b) of this section,
  not later than six months after such promulgation, the Secretary shall by
  rule establish procedures requiring passenger automobile and multipurpose
  passenger vehicle dealers to make available to prospective passenger
  automobile and multipurpose passenger vehicle purchasers information
  developed by the Secretary and provided to the dealer which contains data
  comparing the crashworthiness of passenger automobiles and multipurpose
  passenger vehicles.
TITLE III--MISCELLANEOUS PROVISIONS
STANDARDS COMPLIANCE
  SEC. 301. 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
  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 six 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. 302. (a) 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) 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 thereof 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.'.
TRAFFIC SAFETY FOR HANDICAPPED INDIVIDUALS
  SEC. 303. (a) The Congress finds that--
  (1) a number of States fail to recognize the symbols of other States
  for the identification of motor vehicles transporting individuals with
  handicaps that limit or impair the ability to walk; and
  (2) the failure to recognize such symbols increases the likelihood that
  such individuals will be involved in traffic accident incidents resulting
  in injury or death, posing a threat to the safety of such individuals as
  well as the safety of the operators of motor vehicles and others.
  (b)(1) After the date that is eighteen months following the date of enactment
  of this Act, the Secretary shall require that each State provide for the
  implementation of a uniform system for handicapped parking designed to
  enhance the safety of handicapped and nonhandicapped individuals. If a
  State fails to meet such requirement, the funds that would otherwise be
  apportioned to the State under section 402 of title 23, United States Code,
  shall be reduced by 2 percent, until such time as the Secretary determines
  that the requirement is being met.
  (2) For purposes of this subsection, a uniform system for handicapped
  parking designed to enhance the safety of handicapped and nonhandicapped
  individuals is a system which--
  (A) adopts the international symbol of access (as adopted by Rehabilitation
  International in 1969 at its Eleventh World Congress on Rehabilitation
  of the Disabled) as the only recognized symbol for the identification of
  vehicles used for transporting individuals with handicaps which limit or
  impair the ability to walk;
  (B) provides for the issuance of license plates displaying the international
  symbol of access for vehicles which will be used to transport individuals
  with handicaps which limit or impair the ability to walk, under criteria
  determined by the State;
  (C) provides for the issuance of removable windshield placards (displaying
  the international symbol of access) to individuals with handicaps which
  limit or impair the ability to walk, under criteria determined by the State;
  (D) provides that fees charged for the licensing or registration of a
  vehicle used to transport such individuals with handicaps do not exceed
  fees charged for the licensing or registration of other similar vehicles
  operated in the State; and
  (E) for purposes of easy access parking, recognizes licenses and placards
  displaying the international symbol of access which have been issued by
  other States and countries.
  (c) Beginning not later than twenty-four months after the date of enactment
  of this Act, the Secretary shall annually evaluate compliance by the
  States with the requirement established by the Secretary under subsection
  (b). The Secretary shall submit to Congress an annual report regarding
  such evaluation.
MULTIPURPOSE PASSENGER VEHICLE SAFETY
  SEC. 304. (a) 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 of passengers in multipurpose passenger vehicles has been
  compromised by the failure to apply to them the Federal motor vehicle
  safety standards applicable to passenger automobiles.
  (b) In addition to the rulemaking requirements applicable to multipurpose
  passenger vehicles under other provisions of this Act, the Secretary shall
  initiate (not later than sixty days after the date of enactment of this Act)
  and complete (not later than twelve months after such date of enactment) a
  rulemaking to revise, where appropriate, 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--
  (1) Federal Motor Vehicle Safety Standard 216, published as section 571.216
  of title 49, Code of Federal Regulations, to provide minimum roof crush
  resistance standards for multipurpose passenger vehicles;
  (2) Federal Motor Vehicle Safety Standard 108, published as section
  571.108 of title 49, Code of Federal Regulations, to provide for a single,
  high-mounted stoplamp on multipurpose passenger vehicles; and
  (3) Federal Motor Vehicle Safety Standard 208, published as section 571.208
  of title 49, Code of Federal Regulations, to extend the requirements
  of outboard front seat passive restraint occupant protection systems to
  multipurpose passenger vehicles.
  (c) 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 twelve months after the date of enactment of this Act,
  complete a rulemaking--
  (1) to review the system of classification of vehicles with a gross
  vehicle weight under ten thousand pounds to determine if such vehicles
  should be reclassified;
  (2) to revise Federal Motor Vehicle Safety Standard 202, published as
  section 571.202 of title 49, Code of Federal Regulations, to provide for
  head restraints for multipurpose passenger vehicles; and
  (3) to consider establishment of a Federal motor vehicle safety standard
  to protect against unreasonable risk of rollover of multipurpose passenger
  vehicles.
Any reclassification pursuant to paragraph (1) shall, to the maximum extent
practicable, classify as a passenger automobile every motor vehicle determined
by the Department of the Treasury or United States Customs Service to be a
motorcar 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 automobile 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.
REAR SEATBELTS
  SEC. 305. (a) 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 complete, within twelve months after the date of
  enactment of this Act, a rulemaking to amend Federal Motor Vehicle
  Safety Standard 208, published as section 571.208 of title 49, Code of
  Federal Regulations, to provide that the outboard rear seat passengers
  of all passenger automobiles, except convertibles, manufactured on or
  after September 1, 1989, shall have lap and shoulder seatbelt protection,
  and that the outboard rear seat passengers of all multipurpose passenger
  vehicles and all convertible passenger automobiles manufactured on or
  after September 1, 1991, shall have lap and shoulder seatbelt protection.
  (b) Notwithstanding any other provision of law, not less than 10 percent
  of the funds authorized to be appropriated under section 209 of the Motor
  Vehicle Information and Cost Savings Act (15 U.S.C. 1949) in fiscal years
  1990 and 1991 shall be utilized to disseminate information to consumers
  regarding the manner in which passenger automobiles may be retrofitted
  with lap and shoulder rear seatbelts.
CERTIFICATION OF BUMPERS
  SEC. 306. The Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901
  et seq.) is amended by inserting 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
  one hundred and eighty 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 ninety 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 one hundred and eighty 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 motor 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.'.
CHILD BOOSTER SEATS
  SEC. 307. (a) 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 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 automobiles. The rulemaking shall be initiated not later
  than thirty days after the date of enactment of this Act and completed
  not later than twelve months after such date of enactment.
  (b) 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, of Code of
  Federal Regulations, as in effect on the date of the enactment of this Act.
AIRBAG REQUIREMENT FOR FEDERAL PASSENGER VEHICLES
  SEC. 308. 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 automobiles acquired after September
  30, 1990, for use by the Federal Government be equipped, to the maximum
  extent practicable, with driver-side airbags and that all passenger
  automobiles 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 passenger seating positions.
STATE MOTOR VEHICLE SAFETY INSPECTION PROGRAMS
  SEC. 309. 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 Secretary shall, within thirty days after the date of
  the enactment of this section, enter into appropriate arrangements with
  the National Academy of Sciences to conduct a study of the effectiveness
  of State motor vehicle safety inspection programs in--
  `(1) reducing motor vehicle accidents that result in injuries and deaths; and
  `(2) limiting the number of defective or unsafe motor vehicles on the
  highways.
  `(b)(1) The study shall include an evaluation of the implementation,
  inspection criteria, personnel, budgeting, and enforcement of all types of
  State motor vehicle inspection programs or periodic motor vehicle inspection
  programs, including inspections of motor vehicle brakes, glass, steering,
  suspension, and tires.
  `(2) If warranted by the study, the National Academy of Sciences shall
  develop and submit to the Congress recommendations for an effective and
  efficient State motor vehicle safety inspection program.
  `(c) The study shall also consider the feasibility of use by States of
  private organizations to conduct motor vehicle safety inspection programs
  of combining safety and emission inspection programs.
  `(d) Appropriate public and private agencies and organizations, including
  the Secretary, the Administrator of the Environmental Protection Agency,
  affected industries and consumer organizations, State and local officials,
  and the motor vehicle insurance industry should be consulted in conducting
  the study required under this section.
  `(e) The study required by subsection (a) shall be completed and transmitted
  to the Committee on Commerce, Science, and Transportation of the Senate
  and the Committee on Energy and Commerce of the House of Representatives
  within nineteen months after the date of enactment of this section.'.
RECALL OF CERTAIN MOTOR VEHICLES
  SEC. 310. (a) 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) 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 with 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.'.
STUDY OF DARKENED WINDOWS
  SEC. 311. The Administrator of the National Highway Traffic Safety
  Administration shall conduct a study of the use of darkened windshields
  and window glass in passenger automobiles. In particular, the study shall
  consider the effects of such use on the safe operation of passenger
  automobiles, as well as on the hazards from such use to the safety of
  law enforcement personnel. In conducting such study, the Administrator
  shall consult with appropriate industry representatives, officials of law
  enforcement departments and agencies, and consumer representatives. The
  Administrator shall submit the results of such study to the Committee on
  Commerce, Science, and Transportation of the Senate and the Committee on
  Energy and Commerce of the House of Representatives not later than six
  months after the date of enactment of this Act.
PETITIONS REGARDING CORPORATE AVERAGE FUEL ECONOMY STANDARDS
  SEC. 312. Section 502(d)(1) of the Motor Vehicle Information and Cost Savings
  Act (15 U.S.C. 2002(d)(1)) is amended by striking `1980. Such application'
  and inserting in lieu thereof the following: `1980, or for any model year
  after model year 1991. Any application seeking such modification'.
JUDICIAL REVIEW OF ACTIONS ON CERTAIN PETITIONS
  SEC. 313. Section 124(d) of the National Traffic and Motor Vehicle Safety Act
  of 1966 (15 U.S.C. 1410a(d)) is amended by adding at the end the following:
  `The denial of such petition is final agency action subject to judicial
  review as provided in section 706 of title 5, United States Code.'.
BUMPER STANDARD
  SEC. 314. (a) Not later than one 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
  automobiles manufactured after September 1, 1990.
  (b) Nothing in this section shall be construed to prohibit the Secretary
  from requiring under such part 581 that passenger automobile 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.
GRANT PROGRAM CONCERNING USE OF SEATBELTS AND CHILD RESTRAINT SYSTEMS
  SEC. 315. (a) 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 two fiscal years preceding the date of enactment of this section.
  `(c) No State may receive grants under this section in more than three
  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 1990 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 front seat occupants of
  a passenger automobile 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
  automobiles 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 1989;
  `(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 1989; and
  `(C) in the year immediately preceding a third-year grant, the lesser of
  either (i) 90 percent seatbelt use by all such occupants or (ii) the rate
  of seatbelt use by all such occupants that is 45 percentage points higher
  than the rate achieved in 1989; 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 1990, and $20,000,000 for each of the fiscal years 1991
  and 1992.'.
  (b) The analysis of chapter 4 of title 23, United States Code, is amended
  by adding at the end thereof the following:
`411. Seatbelt and child restraint programs.'.
METHODS OF REDUCING HEAD INJURIES
  SEC. 316. The Secretary shall initiate (not later than sixty days after
  the date of enactment of this Act) and complete (not later than two years
  after such date of enactment) a rulemaking to revise the appropriate
  Federal motor vehicle safety standards, 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. Such rulemaking shall consider methods of
  reducing head injuries in passenger automobiles 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.
PEDESTRIAN SAFETY
  SEC. 317. The Secretary shall initiate (not later than six months after
  the date of enactment of this Act) and complete (not later than two years
  after such date of enactment) a rulemaking 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. Any
  such standard shall be established 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.
S 673 RS----2
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S 673 RS----6 The analysis of chapter 4 of title 23, United States Code,
is amended by adding at the end thereof the following:
`411. Seatbelt and child restraint programs.'.
METHODS OF REDUCING HEAD INJURIES
  SEC. 316. The Secretary shall initiate (not later than sixty days afte
National Highway Traffic Safety Administration Authorization Act of 1989

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