I

103D CONGRESS

1ST SESSION H. R. 1825

To amend title 23, United States Code, to require States to extend parking

privileges to motor vehicles designated under the laws of other States

for transporting certain individuals with disabilities.

IN THE HOUSE OF REPRESENTATIVES

APRIL 22, 1993

Mrs. KENNELLY introduced the following bill; which was referred to the

Committee on Public Works and Transportation

A BILL

To amend title 23, United States Code, to require States

to extend parking privileges to motor vehicles designated

under the laws of other States for transporting certain

individuals with disabilities.

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

3 SECTION 1. PARKING PRIVILEGES FOR CERTAIN INDIVID4 UALS WITH DISABILITIES.

5 (a) IN GENERAL.—Chapter 1 of title 23, United

6 State Code, is amended by adding at the end the following

7 new section:
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1 ‘‘§ 161. Parking privileges for certain individuals

2 with disabilities

3 ‘‘(a) IN GENERAL.—

4 ‘‘(1) PRIVILEGES GRANTED TO QUALIFIED

5 MOTOR VEHICLES.—Subject to subsection (b), each

6 State, and each political subdivision of a State, shall

7 extend the same parking privileges to qualified

8 motor vehicles from other States as it grants to

9 qualified motor vehicles designated under the laws of

10 such State or political subdivision.

11 ‘‘(2) QUALIFIED MOTOR VEHICLE.—A qualified

12 motor vehicle, referred to in paragraph (1), is a

13 motor vehicle designated under the laws of any

14 State, or any political subdivision of a State, for

15 transporting an individual with a disability that lim16 its or impairs the ability of the individual to walk.

17 ‘‘(b) WITHHOLDING OF FUNDS FOR NONCOMPLI18 ANCE.—

19 ‘‘(1) FIRST YEAR.—The Secretary shall with20 hold 5 percent of the amount required to be appor21 tioned to any State under each of sections

22 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) on

23 the 1st day of the 1st fiscal year succeeding fiscal

24 year 1995 in which the State, or any political sub25 division of the State, is not in compliance with sub26 section (a)(1).
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1 ‘‘(2) SUBSEQUENT YEARS.—If the Secretary

2 withholds funds from any State under paragraph (1)

3 for any fiscal year and the State, or any political

4 subdivision of the State, is not in compliance with

5 subsection (a)(1) in any subsequent fiscal year, then

6 the Secretary shall withhold 10 percent of the

7 amount required to be apportioned to the State

8 under each of sections 104(b)(1), 104(b)(2),

9 104(b)(5), and 104(b)(6) on the 1st day of such

10 subsequent fiscal year.

11 ‘‘(c) PERIOD OF AVAILABILITY; EFFECT OF COMPLI12 ANCE AND NONCOMPLIANCE.—

13 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

14 FUNDS.—

15 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

16 SEPTEMBER 30, 1997.—Any funds withheld

17 under this section from apportionment to any

18 State on or before September 30, 1997, shall

19 remain available for apportionment to the State

20 as follows:

21 ‘‘(i) FUNDS APPORTIONED UNDER

22 SECTION 104(b)(5)(A).—If the funds would

23 have been apportioned under section

24 104(b)(5)(A) but for this section, the

25 funds shall remain available until the end
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1 of the fiscal year for which the funds are

2 authorized to be appropriated.

3 ‘‘(ii) FUNDS APPORTIONED UNDER

4 SECTION 104(b)(5)(B).—If the funds would

5 have been apportioned under section

6 104(b)(5)(B) but for this section, the

7 funds shall remain available until the end

8 of the 2d fiscal year following the fiscal

9 year for which the funds are authorized to

10 be appropriated.

11 ‘‘(iii) FUNDS APPORTIONED UNDER

12 SECTION 104(b)(1), 104(b)(2), OR 104(b)(6).—

13 If the funds would have been apportioned

14 under section 104(b)(1), 104(b)(2), or

15 104(b)(6) but for this section, the funds

16 shall remain available until the end of the

17 3d fiscal year following the fiscal year for

18 which the funds are authorized to be ap19 propriated.

20 ‘‘(B) FUNDS WITHHELD AFTER SEPTEM21 BER 30, 1997.—No funds withheld under this

22 section from apportionment to any State after

23 September 30, 1997, shall be available for ap24 portionment to the State.
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1 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

2 AFTER COMPLIANCE.—If, before the last day of the

3 period for which funds withheld from apportionment

4 under this section are to remain available for appor5 tionment to a State under paragraph (1)(A), the

6 State and all political subdivisions of the State are

7 in compliance with subsection (a)(1), then the Sec8 retary shall, on the day following the last day of the

9 period, apportion to the State the withheld funds re10 maining available for apportionment to the State.

11 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE12 QUENTLY APPORTIONED FUNDS.—

13 ‘‘(A) AVAILABILITY OF FUNDS.—Any

14 funds apportioned pursuant to paragraph (2)

15 shall remain available for expenditure as fol16 lows:

17 ‘‘(i) FUNDS APPORTIONED UNDER

18 SECTION 104(b)(5)(A).—Funds apportioned

19 under section 104(b)(5)(A) shall remain

20 available until the end of the fiscal year

21 succeeding the fiscal year in which the

22 funds are apportioned.

23 ‘‘(ii) FUNDS APPORTIONED UNDER

24 SECTION 104(b)(1), 104(b)(2), 104(b)(5)(B), OR

25 104(b)(6).—Funds apportioned under sec-
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1 tion 104(b)(1), 104(b)(2), 104(b)(5)(B), or

2 104(b)(6) shall remain available until the

3 end of the 3d fiscal year succeeding the fis4 cal year in which the funds are appor5 tioned.

6 ‘‘(B) LAPSE OF FUNDS.—Funds not obli7 gated at the end of the period shall lapse or, in

8 the case of funds apportioned under section

9 104(b)(5), shall lapse and be made available by

10 the Secretary for projects in accordance with

11 section 118(b).

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

13 end of the period for which funds withheld from ap14 portionment under this section are available for ap15 portionment to a State under paragraph (1), the

16 State or any political subdivision of the State is not

17 in compliance with subsection (a)(1), then the funds

18 shall lapse or, in the case of funds withheld from ap19 portionment under section 104(b)(5), the funds shall

20 lapse and be made available by the Secretary for

21 projects in accordance with section 118(b).

22 ‘‘(d) DEFINITIONS.—For the purposes of this section:

23 ‘‘(1) MOTOR VEHICLE.—The term ‘motor vehi24 cle’ has the meaning given such term in section 154.
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1 ‘‘(2) STATE.—The term ‘State’ means any en2 tity that receives apportionments under section

3 104.’’.

4 (b) CONFORMING AMENDMENT.—The analysis for

5 chapter 1 of title 23, United States Code, is amended by

6 adding at the end the following new item:

‘‘161. Parking privileges for certain individuals with disabilities.’’.

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