I 

111TH CONGRESS 

1ST SESSION H. R. 259 

To amend title 23, United States Code, to establish national standards for 

State safety inspections of motor vehicles, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2009 

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure 

A BILL 

To amend title 23, United States Code, to establish national 

standards for State safety inspections of motor vehicles, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Michael Jon Newkirk 

5 Transportation Safety Enhancement Act of 2009’’. 

6 SEC. 2. STATE SAFETY INSPECTIONS OF MOTOR VEHICLES. 

7 (a) IN GENERAL.—Chapter I of title 23, United 

8 States Code, is amended by adding at the end the fol9 lowing: 


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1 ‘‘§ 167. State safety inspections of motor vehicles 

2 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON3 COMPLIANCE.— 

4 ‘‘(1) FISCAL YEAR 2012.—On October 1, 2011, 

5 the Secretary shall withhold 5 percent of the amount 

6 required to be apportioned to a State on that date 

7 under each of paragraphs (1), (3), and (4) of section 

8 104(b) if the State does not meet the requirements 

9 of paragraph (3) on that date. 

10 ‘‘(2) THEREAFTER.—On October 1, 2012, and 

11 on the first day of each fiscal year thereafter, the 

12 Secretary shall withhold 10 percent of the amount 

13 required to be apportioned to a State on that date 

14 under each of paragraphs (1), (3), and (4) of section 

15 104(b) if the State does not meet the requirements 

16 of paragraph (3) on that date. 

17 ‘‘(3) REQUIREMENT.—A State meets the re18 quirements of this paragraph if the State has en19 acted and is enforcing a law that requires the owner 

20 of a motor vehicle (as such term is defined in section 

21 154(a)) registered in the State to present the vehicle 

22 for inspection on an annual basis to ensure that the 

23 vehicle meets or exceeds motor vehicle safety stand24 ards to be established by the State. At a minimum, 

25 such standards shall ensure that the seatbelts and 

26 speedometer installed in the vehicle are operable. 


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1 ‘‘(b) APPORTIONMENT OF WITHHELD FUNDS AFTER

2 COMPLIANCE.— 

3 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

4 FUNDS.— 

5 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

6 SEPTEMBER 30, 2013.—Any funds withheld 

7 under subsection (a) from apportionment to any 

8 State on or before September 30, 2013, shall 

9 remain available until the end of the third fiscal 

10 year following the fiscal year for which the 

11 funds are authorized to be appropriated. 

12 ‘‘(B) FUNDS WITHHELD AFTER SEP13 TEMBER 30, 2013.—No funds withheld under 

14 this section from apportionment to any State 

15 after September 30, 2013, shall be available for 

16 apportionment to the State. 

17 ‘‘(2) APPORTIONMENT.—If, before the last day 

18 of the period for which funds withheld under sub19 section (a) from apportionment are to remain avail20 able for apportionment to a State under paragraph 

21 (1), the State meets the requirement of subsection 

22 (a)(3), the Secretary shall, on the first day on which 

23 the State meets the requirement, apportion to the 

24 State the funds withheld under subsection (a) that 

25 remain available for apportionment to the State. 


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1 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE2 QUENTLY APPORTIONED FUNDS.—Any funds appor3 tioned pursuant to paragraph (2) shall remain avail4 able for expenditure until the end of the third fiscal 

5 year following the fiscal year in which the funds are 

6 so apportioned. Sums not obligated at the end of 

7 that period shall lapse. 

8 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the 

9 end of the period for which funds withheld under 

10 subsection (a) from apportionment are available for 

11 apportionment to a State under paragraph (1), the 

12 State does not meet the requirement of subsection 

13 (a)(3), the funds shall lapse.’’. 

14 (b) CONFORMING AMENDMENT.—The analysis for 

15 such chapter is amended by adding at the end the fol16 lowing: 

‘‘167. State safety inspections of motor vehicles.’’. 

Æ 


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