†
1164
HR 3 PP
‘‘(ii) MINIMUM APPORTIONMENT.—The
annual apportionment to each State shall
not be less than 1⁄2 of 1 percent of the total
apportionment, except that the apportion-
ment to the Secretary of the Interior on be-
half of Indian tribes shall not be less than
3⁄4 of 1 percent of the total apportionment,
and the apportionments to the Virgin Is-
lands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Is-
lands shall not be less than 1⁄4 of 1 percent
of the total apportionment.
‘‘(5) APPLICABILITY
OF
CHAPTER
1.—Section
402(d) of this title shall apply in the administration
of this subsection.
‘‘(6) FEDERAL SHARE.—The Federal share of the
cost of a project or program funded under this sub-
section shall be 80 percent.
‘‘(7) APPLICATION IN INDIAN COUNTRY.—
‘‘(A) USE OF TERMS.—For the purpose of
application of this subsection in Indian country,
the terms ‘State’ and ‘Governor of the State’ in-
clude the Secretary of the Interior and the term
‘political subdivisions of the State’ includes an
Indian tribe.
†
1165
HR 3 PP
‘‘(B) INDIAN COUNTRY DEFINED.—In this
subsection, the term ‘Indian country’ means—
‘‘(i) all land within the limits of any
Indian reservation under the jurisdiction of
the United States, notwithstanding the
issuance of any patent and including
rights-of-way running through the reserva-
tion;
‘‘(ii) all dependent Indian commu-
nities within the borders of the United
States, whether within the original or subse-
quently acquired territory thereof and
whether within or without the limits of a
State; and
‘‘(iii) all Indian allotments, the Indian
titles to which have not been extinguished,
including rights-of-way running through
such allotments.
‘‘(c) STATE DEFINED.—In this section, the term ‘State’
means each of the 50 States, the District of Columbia, Puer-
to Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
Secretary of the Interior on behalf of Indian tribes.
‘‘(d) CONSTRUCTION WITH RESPECT TO DISTRICT OF
COLUMBIA.—In the administration of this section with re-
†
1166
HR 3 PP
spect to the District of Columbia, a reference in this section
to the Governor of a State shall refer to the Mayor of the
District of Columbia.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis for
chapter 4 is amended by inserting after the item relating
to section 407 the following:
‘‘407A. Federal coordination and enhanced support of emergency medical serv-
ices.’’.
SEC. 7219. REPEAL OF AUTHORITY FOR ALCOHOL TRAFFIC
SAFETY PROGRAMS.
(a) REPEAL.—Section 408 is repealed.
(b) CLERICAL AMENDMENT.—The chapter analysis for
chapter 4 is amended by striking the item relating to sec-
tion 408.
SEC. 7220. IMPAIRED DRIVING PROGRAM.
(a) MAINTENANCE OF EFFORT.—Section 410(a)(2) is
amended by striking ‘‘the Transportation Equity Act for
the 21st Century’’ and inserting ‘‘the Highway Safety
Grant Program Reauthorization Act of 2005’’.
(b) REVISED GRANT AUTHORITY.—Section 410 is
amended—
(1) by striking paragraph (3) of subsection (a)
and redesignating paragraph (4) as paragraph (3);
and
(2) by striking subsections (b) through (f) and
inserting the following:
†
1167
HR 3 PP
‘‘(b) 
PROGRAM-RELATED
ELIGIBILITY
REQUIRE-
MENTS.—To be eligible for a grant under this section, a
State shall—
‘‘(1) for fiscal year 2006 or 2007, carry out 4 of
the programs required under subsection (c);
‘‘(2) for fiscal year 2008 or 2009, carry out 5 of
the programs required under subsection (c); and
‘‘(3) for any such fiscal year—
‘‘(A) comply with the additional require-
ments set forth in subsection (d) with respect to
such programs and activities; and
‘‘(B) comply with any additional require-
ments of the Secretary.
‘‘(c) STATE PROGRAMS AND ACTIVITIES.—To qualify
for a grant under this subsection, a State shall select pro-
grams from among the following:
‘‘(1) CHECK-POINT, SATURATION
PATROL
PRO-
GRAM.—
‘‘(A) A State program to conduct a series of
high-visibility, Statewide law enforcement cam-
paigns in which law enforcement personnel mon-
itor for impaired driving, either through use of
sobriety check-points or saturation patrols, on a
nondiscriminatory, lawful basis for the purpose
of determining whether the operators of the
†
1168
HR 3 PP
motor vehicles are driving while under the influ-
ence of alcohol or controlled substances that
meets the requirements of subparagraphs (B) and
(C).
‘‘(B) A program meets the requirements of
this subparagraph only if a State organizes the
campaigns in cooperation with related periodic
national campaigns organized by the National
Highway Traffic Safety Administration, but this
subparagraph does not preclude a State from
initiating sustained high-visibility, Statewide
law enforcement campaigns independently of the
cooperative efforts.
‘‘(C) A program meets the requirements of
this subparagraph only if, for each fiscal year, a
State demonstrates to the Secretary that the
State and the political subdivisions of the State
that receive funds under this section have in-
creased, in the aggregate, the total number of im-
paired driving law enforcement activities at high
incident locations, as described in subparagraph
(A) (or any other similar activity approved by
the Secretary), initiated in such State during the
preceding fiscal year by a factor that the Sec-
retary determines meaningful for the State over
†
1169
HR 3 PP
the number of such activities initiated in such
State during the preceding fiscal year, which
shall not be less than 5 percent.
‘‘(2) PROSECUTION
AND
ADJUDICATION
PRO-
GRAM.—A State prosecution and adjudication pro-
gram under which—
‘‘(A) judges and prosecutors are actively en-
couraged to prosecute and adjudicate cases of de-
fendants who repeatedly commit impaired driv-
ing offenses by reducing the use of State diver-
sion programs, or other means that have the ef-
fect of avoiding or expunging a permanent
record of impaired driving in such cases;
‘‘(B) the courts in a majority of the judicial
jurisdictions of the State are monitored on the
courts’ adjudication of cases of impaired driving
offenses; or
‘‘(C) annual Statewide outreach is provided
for judges and prosecutors on innovative ap-
proaches to the prosecution and adjudication of
cases of impaired driving offenses that have the
potential for significantly improving the pros-
ecution and adjudication of such cases.
‘‘(3) IMPAIRED
OPERATOR
INFORMATION
SYS-
TEM.—
†
1170
HR 3 PP
‘‘(A) A State impaired operator informa-
tion system that—
‘‘(i) tracks drivers who are arrested or
convicted for violation of laws prohibiting
impaired operation of motor vehicles;
‘‘(ii) includes information about each
case of an impaired driver beginning at the
time of arrest through case disposition, in-
cluding information about any trial, plea,
plea agreement, conviction or other disposi-
tion, sentencing or other imposition of sanc-
tions, and substance abuse treatment;
‘‘(iii) provides—
‘‘(I) accessibility to the informa-
tion for law enforcement personnel
Statewide and for United States law
enforcement personnel; and
‘‘(II) linkage for the sharing of the
information and of the information in
State traffic record systems among ju-
risdictions and appropriate agencies,
court systems and offices of the States;
‘‘(iv) shares information with the Na-
tional Highway Traffic Safety Administra-
tion for compilation and use for the track-
†
1171
HR 3 PP
ing of impaired operators of motor vehicles
who move from State to State; and
‘‘(v) meets the requirements of sub-
paragraphs (B), (C), and (D) of this para-
graph, as applicable.
‘‘(B) A program meets the requirements of
this subparagraph only if, during fiscal years
2006 and 2007, a State—
‘‘(i) assesses the system used by the
State for tracking drivers who are arrested
or convicted for violation of laws prohib-
iting impaired operation of motor vehicles;
‘‘(ii) identifies ways to improve the
system, as well as to enhance the capability
of the system to provide information in co-
ordination with impaired operator informa-
tion systems of other States; and
‘‘(iii) develops a strategic plan that
sets forth the actions to be taken and the re-
sources necessary to achieve the identified
improvements and to enhance the capability
for coordination with the systems of other
States.
‘‘(C) A program meets the requirements of
this subparagraph only if, in each of fiscal years
†
1172
HR 3 PP
2008 and 2009, a State demonstrates to the Sec-
retary that the State has made substantial and
meaningful progress in improving the State’s
impaired operator information system, and
makes public a report on the progress of the in-
formation system.
‘‘(4) IMPAIRED
DRIVING
PERFORMANCE.—The
percentage of fatally-injured drivers with 0.08 percent
or greater blood alcohol concentration in the State has
decreased in each of the 2 most recent calendar years
for which data are available.
‘‘(5) SELF-SUSTAINING IMPAIRED DRIVING PRE-
VENTION PROGRAM.—A program under which a sig-
nificant portion of the fines or surcharges collected
from individuals who are fined for operating a motor
vehicle while under the influence of alcohol are re-
turned to communities for comprehensive programs
for the prevention of impaired driving.
‘‘(6) LAWS FOR HIGH RISK DRIVERS.—A law
that establishes stronger sanctions or additional pen-
alties for individuals convicted of operating a motor
vehicle while under the influence of alcohol whose
blood alcohol concentration is 0.15 percent or more
than for individuals convicted of the same offense but
with a lower blood alcohol concentration. For pur-
†
1173
HR 3 PP
poses of this paragraph, the term ‘additional pen-
alties’ includes—
‘‘(A) a 1-year suspension of a driver’s li-
cense, but with the individual whose license is
suspended becoming eligible after 45 days of such
suspension to obtain a provisional driver’s li-
cense that would permit the individual to
drive—
‘‘(i) only to and from the individual’s
place of employment or school; and
‘‘(ii) only an automobile equipped with
a certified alcohol ignition interlock device;
and
‘‘(B) a mandatory assessment by a certified
substance abuse official of whether the individual
has an alcohol abuse problem that includes the
possibility of a referral to counseling if the offi-
cial determines that such a referral is appro-
priate.
‘‘(7) IMPAIRED DRIVING COURTS.—
‘‘(A) IN GENERAL.—A program to consoli-
date and coordinate impaired driving cases into
courts that specialize in impaired driving cases,
with the emphasis on tracking and processing of-
fenders of impaired driving laws, (hereinafter re-
†
1174
HR 3 PP
ferred to as DWI courts) that meets the require-
ments of this paragraph.
‘‘(B) CHARACTERISTICS.—A DWI Court is
a distinct function performed by a court system
for the purpose of changing the behavior of alco-
hol or drug dependent offenders arrested for driv-
ing while impaired. A DWI Court can be a dedi-
cated court with dedicated personnel, including
judges, prosecutors and probation officers. A
DWI court may be an existing court system that
serves the following essential DWI Court func-
tions:
‘‘(i) A DWI Court performs an assess-
ment of high-risk offenders utilizing a team
headed by the judge and including all
criminal justice stakeholders (prosecutors,
defense attorneys, probations officers, law
enforcement personnel and others) along
with alcohol/drug treatment professionals.
‘‘(ii) The DWI Court team recommends
a specific plea agreement or contract for
each offender that can include incarcer-
ation, treatment, and close community su-
pervision. The agreement maximizes the
†
1175
HR 3 PP
probability of rehabilitation and minimizes
the likelihood of recidivism.
‘‘(iii) Compliance with the agreement
is verified with thorough monitoring and
frequent alcohol testing. Periodic status
hearings assess offender progress and allow
an opportunity for modifying the sentence
if necessary.
‘‘(C) ASSESSMENT.—In the first year of op-
eration, the States shall assess the number of
court systems in its jurisdiction that are consist-
ently performing the DWI Court functions.
‘‘(D) PLAN.—In the second year of oper-
ation, the State shall develop a strategic plan for
increasing the number of courts performing the
DWI function.
‘‘(E) PROGRESS.—In subsequent years of
operation, the State shall demonstrate progress
in increasing the number of DWI Courts and in
increasing the number of high-risk offenders par-
ticipating in and successfully completing DWI
Court agreements.
‘‘(d) USES OF GRANTS.—Grants made under this sec-
tion may be used for programs and activities described in
subsection (c) and to defray the following costs:
†
1176
HR 3 PP
‘‘(1) Labor costs, management costs, and equip-
ment procurement costs for the high-visibility, State-
wide law enforcement campaigns under subsection
(c)(1).
‘‘(2) The costs of the training of law enforcement
personnel and the procurement of technology and
equipment, such as and including video equipment
and passive alcohol sensors, to counter directly im-
paired operation of motor vehicles.
‘‘(3) The costs of public awareness, advertising,
and educational campaigns that publicize use of so-
briety check points or increased law enforcement ef-
forts to counter impaired operation of motor vehicles.
‘‘(4) The costs of public awareness, advertising,
and educational campaigns that target impaired op-
eration of motor vehicles by persons under 34 years
of age.
‘‘(5) The costs of the development and implemen-
tation of a State impaired operator information sys-
tem described in subsection (c)(3).
‘‘(6) The costs of operating programs that result
in vehicle forfeiture or impoundment or license plate
impoundment.
‘‘(e) ADDITIONAL AUTHORITIES
FOR CERTAIN AU-
THORIZED USES.—
†
1177
HR 3 PP
‘‘(1) COMBINATION
OF
GRANT
PROCEEDS.—
Grant funds used for a campaign under subsection
(d)(3) may be combined, or expended in coordination,
with proceeds of grants under section 402 of this title.
‘‘(2) COORDINATION
OF
USES.—Grant funds
used for a campaign under paragraph (3) or (4) of
subsection (d) may be expended—
‘‘(A) 
in 
coordination 
with 
employers,
schools, entities in the hospitality industry, and
nonprofit traffic safety groups; and
‘‘(B) in coordination with sporting events
and concerts and other entertainment events.
‘‘(f) FUNDING.—
‘‘(1) IN GENERAL.—Grant funding under this
section shall be allocated among States that meet the
eligibility criteria in subsection (b) on the basis of the
apportionment formula that applies for apportion-
ments under section 402(c) of this title.
‘‘(2) HIGH
FATALITY-RATE
STATES.—A State
that is among the 10 States with the highest impaired
driving-related fatality rates for the calendar year
immediately preceding the fiscal year in which the
grant may be made shall be eligible for a grant under
this section if the State meets the requirements of sub-
section (g). A State that receives a grant based upon
†
1178
HR 3 PP
its eligibility under this paragraph may also receive
a grant under subsection (b) if it meets the eligibility
requirements of that subsection.
‘‘(g) USE
OF
FUNDS
BY
HIGH
FATALITY-RATE
STATES.—
‘‘(1) REQUIRED
USES.—At least 
1⁄2
of the
amounts allocated to States under subsection (f)(2)
shall be used for the program described in subsection
(c)(1).
‘‘(2) REQUIREMENT FOR PLAN.—A State receiv-
ing an allocation of grant funds under subsection
(f)(2) shall expend those funds only after receiving
approval from the Administrator of the National
Highway Traffic Safety Administration for a plan
regarding such expenditures.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) IMPAIRED OPERATOR.—The term ‘impaired
operator’ means a person who, while operating a
motor vehicle—
‘‘(A) has a blood alcohol content of 0.08 per-
cent or higher; or
‘‘(B) is under the influence of a controlled
substance.
‘‘(2) 
IMPAIRED
DRIVING-RELATED
FATALITY
RATE.—The term ‘impaired driving-related fatality
†
1179
HR 3 PP
rate’ means the rate of alcohol-related fatalities, as
calculated in accordance with regulations which the
Administrator of the National Highway Traffic Safe-
ty Administration shall prescribe.’’.
(c) NHTSA TO ISSUE REGULATIONS.—Not later than
12 months after the date of enactment of the Highway Safe-
ty Grant Program Reauthorization Act of 2005, the Na-
tional Highway Traffic Safety Administration shall issue
guidelines to the States specifying the types and formats
of data that States should collect relating to drivers who
are arrested or convicted for violation of laws prohibiting
the impaired operation of motor vehicles.
SEC. 7221. STATE TRAFFIC SAFETY INFORMATION SYSTEM
IMPROVEMENTS.
(a) GRANT PROGRAM AUTHORITY.—Chapter 4 is
amended by adding at the end the following:
‘‘§ 412. State traffic safety information system im-
provements
‘‘(a) GRANT AUTHORITY.—Subject to the requirements
of this section, the Secretary shall make grants of financial
assistance to eligible States to support the development and
implementation of effective programs by such States to—
‘‘(1) improve the timeliness, accuracy, complete-
ness, uniformity, integration, and accessibility of the
safety data of the State that is needed to identify pri-
†
1180
HR 3 PP
orities for national, State, and local highway and
traffic safety programs;
‘‘(2) evaluate the effectiveness of efforts to make
such improvements;
‘‘(3) link the State data systems, including traf-
fic records, with other data systems within the State,
such as systems that contain medical, roadway, and
economic data; and
‘‘(4) improve the compatibility and interoper-
ability of the data systems of the State with national
data systems and data systems of other States and en-
hance the ability of the Secretary to observe and ana-
lyze national trends in crash occurrences, rates, out-
comes, and circumstances.
‘‘(b) FIRST-YEAR GRANTS.—
‘‘(1) ELIGIBILITY.—To be eligible for a first-year
grant under this section in a fiscal year, a State shall
demonstrate to the satisfaction of the Secretary that
the State has—
‘‘(A) established a highway safety data and
traffic records coordinating committee with a
multidisciplinary membership that includes,
among others, managers, collectors, and users of
traffic records and public health and injury con-
trol data systems;
†
1181
HR 3 PP
‘‘(B) completed or updated, within the pre-
ceding 5 years, an assessment or an audit of the
highway safety data and traffic records system of
the State; and
‘‘(C) developed a multiyear highway safety
data and traffic records system strategic plan
that addresses existing deficiencies in the State’s
highway safety data and traffic records system,
is approved by the highway safety data and traf-
fic records coordinating committee, and—
‘‘(i) specifies how existing deficiencies
in the State’s highway safety data and traf-
fic records system were identified;
‘‘(ii) prioritizes, on the basis of the
identified highway safety data and traffic
records system deficiencies, the highway
safety data and traffic records system needs
and goals of the State, including the activi-
ties under subsection (a);
‘‘(iii) 
identifies 
performance-based
measures by which progress toward those
goals will be determined; and
‘‘(iv) specifies how the grant funds and
any other funds of the State are to be used
†
1182
HR 3 PP
to address needs and goals identified in the
multiyear plan.
‘‘(2) GRANT
AMOUNT.—Subject to subsection
(d)(3), the amount of a first-year grant to a State for
a fiscal year shall be the higher of—
‘‘(A) 
the 
amount 
determined 
by
multiplying—
‘‘(i) the amount appropriated to carry
out this section for such fiscal year, by
‘‘(ii) the ratio that the funds appor-
tioned to the State under section 402 of this
title for fiscal year 2003 bears to the funds
apportioned to all States under such section
for fiscal year 2003; or
‘‘(B) $300,000.
‘‘(c) SUCCESSIVE YEAR GRANTS.—
‘‘(1) ELIGIBILITY.—A State shall be eligible for
a grant under this subsection in a fiscal year suc-
ceeding the first fiscal year in which the State re-
ceives a grant under subsection (b) if the State, to the
satisfaction of the Secretary—
‘‘(A) certifies that an assessment or audit of
the State’s highway safety data and traffic
records system has been conducted or updated
within the preceding 5 years;
†
1183
HR 3 PP
‘‘(B) submits an updated multiyear plan
that meets the requirements of subsection
(b)(1)(C);
‘‘(C) certifies that its highway safety data
and traffic records coordinating committee con-
tinues to operate and supports the multiyear
plan;
‘‘(D) specifies how the grant funds and any
other funds of the State are to be used to address
needs and goals identified in the multiyear plan;
‘‘(E) demonstrates measurable progress to-
ward achieving the goals and objectives identi-
fied in the multiyear plan; and
‘‘(F) includes a current report on the
progress in implementing the multiyear plan.
‘‘(2) GRANT
AMOUNT.—Subject to subsection
(d)(3), the amount of a year grant made to a State
for a fiscal year under this subsection shall equal the
higher of—
‘‘(A) 
the 
amount 
determined 
by
multiplying—
‘‘(i) the amount appropriated to carry
out this section for such fiscal year, by
‘‘(ii) the ratio that the funds appor-
tioned to the State under section 402 of this
†
1184
HR 3 PP
title for fiscal year 2003 bears to the funds
apportioned to all States under such section
for fiscal year 2003; or
‘‘(B) $500,000.
‘‘(d) ADDITIONAL
REQUIREMENTS
AND
LIMITA-
TIONS.—
‘‘(1) MODEL DATA ELEMENTS.—The Secretary,
in consultation with States and other appropriate
parties, shall determine the model data elements that
are useful for the observation and analysis of State
and national trends in occurrences, rates, outcomes,
and circumstances of motor vehicle traffic accidents.
In order to be eligible for a grant under this section,
a State shall submit to the Secretary a certification
that the State has adopted and uses such model data
elements, or a certification that the State will use
grant funds provided under this section toward
adopting and using the maximum number of such
model data elements as soon as practicable.
‘‘(2) DATA ON USE OF ELECTRONIC DEVICES.—
The model data elements required under paragraph
(1) shall include data elements, as determined appro-
priate by the Secretary in consultation with the
States and with appropriate elements of the law en-
†
1185
HR 3 PP
forcement community, on the impact on traffic safety
of the use of electronic devices while driving.
‘‘(3) MAINTENANCE OF EFFORT.—No grant may
be made to a State under this section in any fiscal
year unless the State enters into such agreements with
the Secretary as the Secretary may require to ensure
that the State will maintain its aggregate expendi-
tures from all other sources for highway safety data
programs at or above the average level of such expend-
itures maintained by such State in the 2 fiscal years
preceding the date of enactment of the Highway Safe-
ty Grant Program Reauthorization Act of 2005.
‘‘(4) FEDERAL SHARE.—The Federal share of the
cost of adopting and implementing in a fiscal year a
State program described in subsection (a) may not
exceed 80 percent.
‘‘(5) LIMITATION
ON
USE
OF
GRANT
PRO-
CEEDS.—A State may use the proceeds of a grant re-
ceived under this section only to implement the pro-
gram described in subsection (a) for which the grant
is made.
‘‘(e) APPLICABILITY OF CHAPTER 1.—Section 402(d)
of this title shall apply in the administration of this sec-
tion.’’.
†
1186
HR 3 PP
(b) CLERICAL AMENDMENT.—The chapter analysis for
chapter 4 is amended by adding at the end the following:
‘‘412. State traffic safety information system improvements.’’.
SEC. 7222. NHTSA ACCOUNTABILITY.
(a) IN GENERAL.—Chapter 4, as amended by section
7221, is amended by adding at the end the following:
‘‘§ 413. Agency accountability
‘‘(a) TRIENNIAL STATE MANAGEMENT REVIEWS.—At
least once every 3 years the National Highway Traffic Safe-
ty Administration shall conduct a review of each State
highway safety program. The review shall include a man-
agement evaluation of all grant programs partially or fully
funded under this title. The Administrator shall provide re-
view-based recommendations on how each State may im-
prove the management and oversight of its grant activities
and may provide a management and oversight plan.
‘‘(b) RECOMMENDATIONS BEFORE SUBMISSION.—In
order to provide guidance to State highway safety agencies
on matters that should be addressed in the State highway
safety program goals and initiatives as part of its highway
safety plan before the plan is submitted for review, the Ad-
ministrator shall provide data-based recommendations to
each State at least 90 days before the date on which the
plan is to be submitted for approval.
‘‘(c) STATE PROGRAM REVIEW.—The Administrator
shall—
†
1187
HR 3 PP
‘‘(1) conduct a program improvement review of
any State that does not make substantial progress
over a 3-year period in meeting its priority program
goals; and
‘‘(2) provide technical assistance and safety pro-
gram requirements to be incorporated in a State’s
highway safety plan for any goal not achieved.
‘‘(d) REGIONAL HARMONIZATION.—The Administra-
tion and the Inspector General of the Department of Trans-
portation shall undertake a State grant administrative re-
view of the practices and procedures of the management re-
views and program reviews conducted by Administration
regional offices and formulate a report of best practices to
be completed within 180 days after the date of enactment
of the Highway Safety Grant Program Reauthorization Act
of 2005.
‘‘(e) BEST PRACTICES GUIDELINES.—
‘‘(1) UNIFORM GUIDELINES.—The Administrator
shall issue uniform management review guidelines
and program review guidelines based on the report
under subsection (d). Each regional office shall use
the guidelines in executing its State administrative
review duties.
†
1188
HR 3 PP
‘‘(2) PUBLICATION.—The Administrator shall
make the following documents available via the Inter-
net upon their completion:
‘‘(A) The Administrator’s management re-
view guidelines and the program review guide-
lines.
‘‘(B) State highway safety plans.
‘‘(C) State annual accomplishment reports.
‘‘(D) The Administration’s Summary report
of findings from Management Reviews and Im-
provement Plans.
‘‘(3) REPORTS
TO
STATE
HIGHWAY
SAFETY
AGENCIES.—The Administrator may not make a
plan, report, or review available under paragraph (2)
that is directed to a State highway safety agency
until after it has been submitted to that agency.
‘‘(f) GENERAL ACCOUNTING OFFICE REVIEW.—The
General Accounting Office shall analyze the effectiveness of
the National Highway Traffic Safety Administration’s
oversight of traffic safety grants by determining the useful-
ness of the Administration’s advice to the States regarding
grants administration and State activities, the extent to
which the States incorporate the Administration’s rec-
ommendation into their highway safety plans and pro-
grams, and improvements that result in a State’s highway
†
1189
HR 3 PP
safety program that may be attributable to the Administra-
tion’s recommendations. Based on this analysis, the General
Accounting Office shall submit a report by not later than
the end of fiscal year 2008 to the House of Representatives
Committee on Transportation and Infrastructure and the
Senate Committee on Commerce, Science, and Transpor-
tation.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 4, as amended by section 7221, is amended by
inserting after the item relating to section 412 the following:
‘‘413. Agency accountability.’’.
SEC. 7223. GRANTS FOR IMPROVING CHILD PASSENGER
SAFETY PROGRAMS.
(a) IN GENERAL.—The Secretary of Transportation
shall establish a program to provide grants to States to as-
sist in the enactment and enforcement of laws implementing
Anton’s Law (49 U.S.C. 30127 note).
(b) ELIGIBILITY REQUIREMENTS.—
(1) IN GENERAL.—The Secretary shall make a
grant to each State that, as determined by the Sec-
retary, enacts or has enacted, has in effect, and is en-
forcing a law requiring that children riding in pas-
senger motor vehicles (as defined in section 405(f)(4))
of title 23, United States Code, who are too large to
be secured in a child safety seat be secured in a child
restraint (as defined in section 7(1) of Anton’s Law
†
1190
HR 3 PP
(49 U.S.C. 30127 note)) that meets requirements pre-
scribed by the Secretary under section 3 of Anton’s
Law.
(2) YEAR IN WHICH FIRST ELIGIBLE.—
(A) EARLY QUALIFICATION.—A State that
has enacted a law described in paragraph (1)
that is in effect before October 1, 2005, is first
eligible to receive a grant under subsection (a) in
fiscal year 2006.
(B) SUBSEQUENT QUALIFICATION.—A State
that enacts a law described in paragraph (1)
that takes effect after September 30, 2005, is first
eligible to receive a grant under subsection (a) in
the first fiscal year beginning after the date on
which the law is enacted.
(3) CONTINUING ELIGIBILITY.—A State that is
eligible under paragraph (1) to receive a grant may
receive a grant during each fiscal year listed in sub-
section (f) in which it is eligible.
(4) MAXIMUM
NUMBER
OF
GRANTS.—A State
may not receive more than 4 grants under this sec-
tion.
(c) GRANT AMOUNT.—Amounts available for grants
under this section in any fiscal year shall be apportioned
among the eligible States on the basis of population.
†
1191
HR 3 PP
(d) USE OF GRANT AMOUNTS.—
(1) IN GENERAL.—Of the amounts received by a
State under this section for any fiscal year—
(A) 50 percent shall be used for the enforce-
ment of, and education to promote public aware-
ness of, State child passenger protection laws;
and
(B) 50 percent shall be used to fund pro-
grams that purchase and distribute child booster
seats, child safety seats, and other appropriate
passenger motor vehicle child restraints to indi-
gent families without charge.
(2) REPORT.—Within 60 days after the State
fiscal year in which a State receives a grant under
this section, the State shall transmit to the Secretary
a report documenting the manner in which grant
amounts were obligated or expended and identifying
the specific programs supports by grant funds. The
report shall be in a form prescribed by the Secretary
and may be combined with other State grant report-
ing requirements under this chapter.
(e) DEFINITION OF CHILD SAFETY SEAT.—The term
‘‘child safety seat’’ means any device (except safety belts (as
such term is defined in section 405(f)(6)) of title 23, United
States Code, designed for use in a motor vehicle (as such
†
1192
HR 3 PP
term is defined in section 405(f)(4) of that title) to restrain,
seat, or position a child who weighs 50 pounds or less.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of
Transportation—
(1) $18,000,000 for fiscal year 2006;
(2) $20,000,000 for fiscal year 2007;
(3) $25,000,000 for fiscal year 2008; and
(4) $30,000,000 for fiscal year 2009.
SEC. 7224. MOTORCYCLIST SAFETY TRAINING AND MOTOR-
IST AWARENESS PROGRAMS.
(a) IN GENERAL.—Chapter 4 of title 23, United States
Code, as amended by section 7222, is amended by adding
at the end the following:
‘‘§ 414. Motorcyclist safety training and motorist
awareness programs
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) MOTORCYCLIST
SAFETY
TRAINING.—The
term ‘motorcyclist safety training’ means any formal
program of instruction that—
‘‘(A) provides accident avoidance and other
safety-oriented operational skills to motorcyclists,
including innovative training opportunities to
meet unique regional needs; and
†
1193
HR 3 PP
‘‘(B) is approved for use in a State by the
designated State authority having jurisdiction
over motorcyclist safety issues, which may in-
clude the State Motorcycle Safety Administrator
or a motorcycle advisory council appointed by
the Governor of the State.
‘‘(2) MOTORIST AWARENESS.—The term ‘motor-
ist awareness’ means individual or collective motorist
awareness of—
‘‘(A) the presence of motorcycles on or near
roadways; and
‘‘(B) safe driving practices that avoid in-
jury to motorcyclists, bicyclists, and pedestrians.
‘‘(3) MOTORIST
AWARENESS
PROGRAM.—The
term ‘motorist awareness program’ means any infor-
mational or public awareness program designed to
enhance motorist awareness that is developed by or in
coordination with the designated State authority hav-
ing jurisdiction over motorcyclist safety issues, which
may include the State Motorcycle Safety Adminis-
trator or, in the absence of a State Administrator, a
motorcycle advisory council appointed by a Governor
of the State.
‘‘(4) STATE.—The term ‘State’ means—
‘‘(A) a State;
†
1194
HR 3 PP
‘‘(B) the District of Columbia; and
‘‘(C) the Commonwealth of Puerto Rico.
‘‘(b) ELIGIBILITY.—Not later than 90 days after the
date of enactment of this section and on September 1 of
each fiscal year thereafter, based on a letter of certification
provided by the Governor of each State, the Secretary shall
develop and publish a list of States that, as of the date of
publication of the list, have established motorcyclist safety
training programs and motorist awareness programs, in-
cluding information that indicates—
‘‘(1) the level of base funding provided for each
such program for the applicable fiscal year; and
‘‘(2) whether the level of base funding provided
for each such program for the applicable fiscal year
was increased, decreased, or maintained from the level
of funding provided for the program for the previous
fiscal year.
‘‘(c) ALLOCATION.—Not later than 120 days after the
date of enactment of this section, on October 1 of each fiscal
year, the Secretary shall allocate to each State for which
the base funding allocated for motorcyclist safety training
and motorist awareness programs was not less than the
amount allocated for the previous year, not less than
$100,000, to be used only for motorcyclist safety training
and motorist awareness programs, including—
†
1195
HR 3 PP
‘‘(1) improvements to motorcyclist safety train-
ing curricula;
‘‘(2) improvements in program delivery to both
urban and rural areas, including—
‘‘(A) procurement or repair of practice mo-
torcycles;
‘‘(B) instructional aides; and
‘‘(C) mobile training units;
‘‘(3) an increase in the recruitment or retention
of motorcyclist safety training instructors certified by
a State Motorcycle Safety Administrator or motor-
cycle advisory council appointed by the Governor;
and
‘‘(4) public awareness, public service announce-
ments, and other outreach programs to enhance mo-
torist awareness, such as the ‘share-the-road’ safety
messages developed in subsection (f).
‘‘(d) CONTRACTS WITH ORGANIZATIONS.—The Sec-
retary may enter into an agreement with an organization
that is recommended by and represents the interests of State
Motorcycle Safety Administrators to review, determine, and
disseminate a description of best practices in motorcycle
safety training and motorist awareness, and to recommend
such practices, to State administrators, governors, State
legislative bodies, and chief licensing officers of States.
†
1196
HR 3 PP
‘‘(e) AUTHORIZATION
OF
APPROPRIATIONS.—From
funds available to carry out section 406 of this title,
$5,200,000 shall be made available for each of fiscal years
2006 through 2009 to carry out this section.
‘‘(f) SHARE-THE-ROAD MODEL LANGUAGE.—Not later
than 1 year after the date of enactment of the Highway
Safety Grant Program Reauthorization Act of 2005, the
Secretary, in consultation with the Administrator of the
Natinoal Highway Traffice Safety Administration, shall
develop and provide to the States model language for use
in traffic safety education courses, driver’s manuals, and
other driver’s training materials instructing the drivers of
motor vehicles on the importance of sharing the roads safely
with motorcyclists.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 4 of title 23, United States Code, as amended
by section 7222, is amended by adding at the end the fol-
lowing:
‘‘414. Motorcyclist safety training and motorist awareness programs.’’.
CHAPTER 2—SPECIFIC VEHICLE SAFETY-
RELATED RULINGS
SEC. 7251. VEHICLE ROLLOVER PREVENTION AND CRASH
MITIGATION.
(a) IN GENERAL.—Subchapter II of chapter 301 is
amended by adding at the end the following:
†
1197
HR 3 PP
‘‘§ 30128. Vehicle rollover prevention and crash miti-
gation
(a) IN GENERAL.—The Secretary shall initiate rule-
making proceedings, for the purpose of establishing rules
or standards that will reduce vehicle rollover crashes and
mitigate deaths and injuries associated with such crashes
for motor vehicles with a gross vehicle weight rating of not
more than 10,000 pounds.
‘‘(b) ROLLOVER PREVENTION.—One of the rulemaking
proceedings initiated under subsection (a) shall be to estab-
lish performance criteria to reduce the occurrence of roll-
overs consistent with stability enhancing technologies. The
Secretary shall issue a proposed rule in this proceeding by
rule by October 1, 2006, and a final rule by April 1, 2009.
‘‘(c) OCCUPANT EJECTION PREVENTION.—
‘‘(1) IN GENERAL.—The Secretary shall also ini-
tiate a rulemaking proceeding to establish perform-
ance standards to reduce complete and partial ejec-
tions of vehicle occupants from outboard seating posi-
tions. In formulating the standards the Secretary
shall consider various ejection mitigation systems.
The Secretary shall issue a final rule under this
paragraph no later than October 1, 2009.
‘‘(2) DOOR LOCKS AND DOOR RETENTION.—The
Secretary shall complete the rulemaking proceeding
initiated to upgrade Federal Motor Vehicle Safety
†
1198
HR 3 PP
Standard No. 206, relating to door locks and door re-
tention, no later than 30 months after the date of en-
actment of this Act.
‘‘(d) PROTECTION OF OCCUPANTS.—One of the rule-
making proceedings initiated under subsection (a) shall be
to establish performance criteria to upgrade Federal Motor
Vehicle Safety Standard No. 216 relating to roof strength
for driver and passenger sides. The Secretary may consider
industry and independent dynamic tests that realistically
duplicate the actual forces transmitted during a rollover
crash. The Secretary shall issue a proposed rule by Decem-
ber 31, 2005, and a final rule by July 1, 2008.
‘‘(e) DEADLINES.—If the Secretary determines that the
deadline for a final rule under this section cannot be met,
the Secretary shall—
‘‘(1) notify the Senate Committee on Commerce,
Science, and Transportation and the House of Rep-
resentatives Committee on Energy and Commerce and
explain why that deadline cannot be met; and
‘‘(2) establish a new deadline.’’.
SEC. 7252. SIDE-IMPACT CRASH PROTECTION RULEMAKING.
The Secretary of Transportation shall complete a rule-
making proceeding under chapter 301 of title 49, United
States Code, to establish a standard designed to enhance
passenger motor vehicle occupant protection, in all seating
†
1199
HR 3 PP
positions, in side impact crashes. The Secretary shall issue
a final rule by July 1, 2008.
SEC. 7253. TIRE RESEARCH.
Within 2 years after the date of enactment of this Act,
the Secretary shall transmit a report to the Senate Com-
mittee on Commerce, Science, and Transportation and the
House of Representatives Committee on Energy and Com-
merce on research conducted to address tire aging. The re-
port shall include a summary of any Federal agency find-
ings, activities, conclusions, and recommendations con-
cerning tire aging and recommendations for potential rule-
making regarding tire aging.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 301 is amended by inserting after the item relat-
ing to section 30127 the following:
‘‘30128. Vehicle accident ejection protection’’.
SEC. 7254. VEHICLE BACKOVER AVOIDANCE TECHNOLOGY
STUDY.
(a) IN GENERAL.—The Administrator of the National
Highway Traffic Safety Administration shall conduct a
study of effective methods for reducing the incidence of in-
jury and death outside of parked passenger motor vehicles
with a gross vehicle weight rating of not more than 10,000
pounds attributable to movement of such vehicles. The Ad-
ministrator shall complete the study within 1 year after
the date of enactment of this Act and report its findings
†
1200
HR 3 PP
to the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on
Energy and Commerce not later than 15 months after the
date of enactment of this Act.
(b) SPECIFIC ISSUES TO BE COVERED.—The study re-
quired by subsection (a) shall—
(1) include an analysis of backover prevention
technology;
(2) identify, evaluate, and compare the available
technologies for detecting people or objects behind a
motor vehicle with a gross vehicle weight rating of not
more than 10,000 pounds for their accuracy, effective-
ness, cost, and feasibility for installation; and
(3) provide an estimate of cost savings that
would result from widespread use of backover preven-
tion devices and technologies in motor vehicles with a
gross vehicle weight rating of not more than 10,000
pounds, including savings attributable to the preven-
tion of—
(A) injuries and fatalities; and
(B) damage to bumpers and other motor ve-
hicle parts and damage to other objects.
SEC. 7255. NONTRAFFIC INCIDENT DATA COLLECTION.
(a) IN GENERAL.—In conjunction with the study re-
quired in section 7254, the National Highway Traffic Safe-
†
1201
HR 3 PP
ty Administration shall establish a method to collect and
maintain data on the number and types of injuries and
deaths involving motor vehicles with a gross vehicle weight
rating of not more than 10,000 pounds in non-traffic inci-
dents.
(b) DATA COLLECTION AND PUBLICATION.—The Sec-
retary of Transportation shall publish the data collected
under subsection (a) no less frequently than biennially.
SEC. 7256. SAFETY BELT USE REMINDERS.
(a) BUZZER LAW.—
(1) IN GENERAL.—Section 30124 is amended—
(A) by striking ‘‘not’’ the first place it ap-
pears; and
(B) by striking ‘‘except’’ and inserting ‘‘in-
cluding’’.
(2) CONFORMING
AMENDMENT.—Section 30122
is amended by striking subsection (d).
(b) STUDY OF SAFETY BELT USE TECHNOLOGIES.—
The Secretary of Transportation shall conduct a review of
safety belt use technologies to evaluate progress and to con-
sider possible revisions in strategies for achieving further
gains in safety belt use. The Secretary shall complete the
study by July 1, 2008.
†
1202
HR 3 PP
SEC. 7257. AMENDMENT OF AUTOMOBILE INFORMATION
DISCLOSURE ACT.
(a) SAFETY LABELING REQUIREMENT.—Section 3 of
the Automobile Information Disclosure Act (15 U.S.C.
1232) is amended—
(1) by striking ‘‘and’’ after the semicolon in sub-
section (e);
(2) by inserting ‘‘and’’ after the semicolon in
subsection (f)(3);
(3) by striking ‘‘(3).’’ in subsection (f)(4) and in-
serting ‘‘(3);’’; and
(4) by adding at the end the following:
‘‘(g) if 1 or more safety ratings for such automobile
have been assigned and formally published or released by
the National Highway Traffic Safety Administration under
the New Car Assessment Program, information about safety
ratings that—
‘‘(1) includes a graphic depiction of the number
of stars, or other applicable rating, that corresponds
to each such assigned safety rating displayed in a
clearly differentiated fashion indicating the max-
imum possible safety rating;
‘‘(2) refers to frontal impact crash tests, side im-
pact crash tests, and rollover resistance tests (whether
or not such automobile has been assigned a safety rat-
ing for such tests);
†
1203
HR 3 PP
‘‘(3) contains information describing the nature
and meaning of the crash test data presented and a
reference to additional vehicle safety resources, includ-
ing http://www.safecar.gov; and
‘‘(4) is presented in a legible, visible, and promi-
nent fashion and covers at least—
‘‘(A) 8 percent of the total area of the label;
or
‘‘(B) an area with a minimum length of 4
1⁄2 inches and a minimum height of 3 1⁄2 inches;
and
‘‘(h) if an automobile has not been tested by the Na-
tional Highway Traffic Safety Administration under the
New Car Assessment Program, or safety ratings for such
automobile have not been assigned in one or more rating
categories, a statement to that effect.’’.
(b) REGULATIONS.—Not later than January 1, 2006,
the Secretary of Transportation shall issue regulations to
implement the labeling requirements under subsections (g)
and (h) of section 3 of the Automobile Information Disclo-
sure Act, as added by subsection (a).
(c) APPLICABILITY.—The labeling requirements under
subsections (g) and (h) of section 3 of such Act (as added
by subsection (a)), and the regulations prescribed under
†
1204
HR 3 PP
subsection (b), shall apply to new automobiles delivered on
or after—
(1) September 1, 2006, if the regulations under
subsection (b) are prescribed not later than August
31, 2005; or
(2) September 1, 2007, if the regulations under
subsection (b) are prescribed after August 31, 2005.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of Transpor-
tation, to accelerate the testing processes and increasing the
number of vehicles tested under the New Car Assessment
Program of the National Highway Traffic Safety
Administration—
(1) $15,000,000 for fiscal year 2006;
(2) $8,134,065 for fiscal year 2007;
(3) $8,418,760 for fiscal year 2008;
(4) $8,713,410 for fiscal year 2009; and
(5) $9,018,385 for fiscal year 2010.
SEC. 7258. POWER WINDOW SWITCHES.
The Secretary of Transportation shall upgrade Federal
Motor Vehicle Safety Standard 118 to require that power
windows in motor vehicles not in excess of 10,000 pounds
have switches that raise the window only when the switch
is pulled up or out. The Secretary shall issue a final rule
implementing this section by April 1, 2007.
†
1205
HR 3 PP
SEC. 7259. 15-PASSENGER VAN SAFETY.
(a) TESTING.—
(1) IN GENERAL.—The Secretary of Transpor-
tation shall require the testing of 15-passenger vans
as part of the rollover resistance program of the Na-
tional Highway Traffic Safety Administration’s new
car assessment program.
(2) 15-PASSENGER VAN DEFINED.—In this sub-
section, the term ‘‘15-passenger van’’ means a vehicle
that seats 10 to 14 passengers, not including the driv-
er.
(b) PROHIBITION OF PURCHASE, RENTAL, OR LEASE
OF NONCOMPLYING 15-PASSENGER VANS
FOR SCHOOL
USE.—Section 30112(a) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Except as pro-
vided’’; and
(2) by adding at the end the following:
‘‘(2) Except as provided in this section, sections 30113
and 30114 of this title, and subchapter III of this chapter,
a school or school system may not purchase or lease a new
15-passenger van if it will be used significantly by, or on
behalf of, the school or school system to transport
preprimary, primary, or secondary school students to or
from school or an event related to school, unless the 15-pas-
senger van complies with the motor vehicle standards pre-
scribed for school buses and multifunction school activity
†
1206
HR 3 PP
buses under this title. This paragraph does not apply to
the purchase or lease of a 15-passenger van under a contract
executed before the date of enactment of the Surface Trans-
portation Safety Improvement Act of 2005.’’.
(c) PENALTY.—Section 30165(a) is amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) SCHOOL BUSES.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), the maximum amount of a civil pen-
alty under this paragraph shall be $10,000 in
the case of—
‘‘(i) the manufacture, sale, offer for sale, in-
troduction or delivery for introduction into
interstate commerce, or importation of a school
bus or school bus equipment (as those terms are
defined in section 30125(a) of this title) in viola-
tion of section 30112(a)(1) of this title; or
‘‘(ii) a violation of section 30112(a)(2) of
this title.
‘‘(B) RELATED SERIES OF VIOLATIONS.—A
separate violation occurs for each motor vehicle
or item of motor vehicle equipment and for each
†
1207
HR 3 PP
failure or refusal to allow or perform an act re-
quired by that section. The maximum penalty
under this paragraph for a related series of vio-
lations is $15,000,000.’’.
SEC. 7260. UPDATED FUEL ECONOMY LABELING PROCE-
DURES.
(a) IN GENERAL.—The Administrator of the Environ-
mental Protection Agency shall, as appropriate and in con-
sultation with the Administrator of the National Highway
Traffic Safety Administration, update and revise the proc-
ess used to determine fuel economy values for labeling pur-
poses as set forth in sections 600.209–85 and 600.209.95
(40 C.F.R. 600.209–85 and 600.209.95) to take into consid-
eration current factors such as speed limits, acceleration
rates, braking, variations in weather and temperature, ve-
hicle load, use of air conditioning, driving patterns, and
the use of other fuel consuming features. The Administrator
shall use existing emissions test cycles and, or, updated ad-
justment factors to implement the requirements of this sub-
section.
(b) DEADLINE.—The Administrator of the Environ-
mental Protection Agency shall promulgate a notice of pro-
posed rulemaking by December 31, 2005, and a final rule
within 18 months after the date on which the Administrator
issues the notice.
†
1208
HR 3 PP
(c) REPORT.—Three years after issuing the final rule
required by subsection (b) and every 3 years thereafter the
Administrator of the Environmental Protection Agency
shall reconsider the fuel economy labeling procedures re-
quired under subsection (a) to determine if the changes in
the factors require revisting the process. The administrator
shall report to the Senate Committee on Commerce, Science
and Transportation and to the House of Representatives
Committee on Energy and Commerce on the outcome of the
reconsideration process.
SEC. 7261. IDENTIFICATION OF CERTAIN ALTERNATIVE
FUELED VEHICLES.
(a) IN GENERAL.—Section 32908 of title 49, United
States Code, is amended—
(1) by redesignating subsections (e) and (f) as
subsection (f) and (g), respectively; and
(2) by inserting after subsection (d) the following
new subsection:
‘‘(e) IDENTIFICATION
OF
CERTAIN
ALTERNATIVE
FUELED VEHICLES.—A manufacturer shall affix, or have
affixed, to each dual fueled automobile manufactured by the
manufacturer (including each light duty truck) that may
be operated on the alternative fuel described in section
32901(a)(1)(D)—
†
1209
HR 3 PP
‘‘(1) a permanent label inside the automobile’s
fuel door compartment that—
‘‘(A) meets the requirements of the regula-
tions prescribed by the Administrator for such
label; and
‘‘(B) states that the automobile may be op-
erated on the alternative fuel described in section
32901(a)(1)(D) and identifies such alternative
fuel; and
‘‘(2) a temporary label to the window or wind-
shield of the automobile that—
‘‘(A) meets the requirements of the regula-
tions prescribed by the Administrator for such
label; and
‘‘(B) identifies the automobile as capable of
operating on such alternative fuel.’’.
(b) REGULATIONS.—Not later than March 1, 2006, the
Administrator of the Environmental Protection Agency
shall promulgate regulations—
(1) for the label referred to in paragraph (1) of
section 32908(e) of title 49, United States Code, as
amended by subsection (a), that describe—
(A) the language that shall be set out on the
label, including a statement that the vehicle is
†
1210
HR 3 PP
capable of operating on a mixture of 85 percent
ethanol blended with gasoline; and
(B) the appropriate size and color of the
font of such language so that it is conspicuous to
the individual introducing fuel into the vehicle;
and
(2) for the temporary window or windshield
label referred to in paragraph (2) of such section
32908(e), that—
(A) prohibit the label from being removed
by any seller prior to the final sale of the vehicle
to a consumer; and
(B) describe the specifications of the label,
including that the label shall be—
(i) prominently displayed and con-
spicuous on the vehicle; and
(ii) separate from any other window or
windshield sticker, decal, or label.
(c) COMPLIANCE.—
(1) IN GENERAL.—A manufacturer shall be re-
quired to comply with the requirements of section
32908(e) of title 49, United State Code, as amended
by subsection (a), for a vehicle that is manufactured
for a model year after model year 2006.
†
1211
HR 3 PP
(2) MODEL YEAR DEFINED.—In this subsection,
the term ‘‘model year’’ shall have the meaning given
such term in section 32901(a) of such title.
(d) VIOLATIONS.—
(1) IN GENERAL.—Section 32908(f) of title 49,
United States Code, as redesignated by subsection (a),
is amended by inserting ‘‘or (e)’’ after ‘‘subsection
(b)’’.
(2) 
CONFORMING
AMENDMENT.—Section
32911(a) of such title is amended by inserting
‘‘32908(e),’’ after ‘‘32908(b),’’.
SEC. 7262. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retary of Transportation to carry out this chapter and
chapter 301 of title 49, United States Code—
(1) $136,000,000 for fiscal year 2006;
(2) $142,800,000 for fiscal year 2007;
(3) $149,900,000 for fiscal year 2008; and
(4) $157,400,000 for fiscal year 2009.
Subtitle C—Hazardous Materials
SEC. 7301. SHORT TITLE.
This subtitle may be cited as the ‘‘Hazardous Material
Transportation Safety and Security Reauthorization Act of
2005’’.
†
1212
HR 3 PP
CHAPTER 1—GENERAL AUTHORITIES ON
TRANSPORTATION 
OF 
HAZARDOUS
MATERIALS
SEC. 7321. PURPOSE.
The text of section 5101 is amended to read as follows:
‘‘The purpose of this chapter is to protect against the
risks to life, property, and the environment that are inher-
ent in the transportation of hazardous material in intra-
state, interstate, and foreign commerce.’’.
SEC. 7322. DEFINITIONS.
Section 5102 is amended as follows:
(1) COMMERCE.—Paragraph (1) is amended—
(A) by striking ‘‘or’’ after the semicolon in
subparagraph (A);
(B) by striking the ‘‘State.’’ in subpara-
graph (B) and inserting ‘‘State; or’’; and
(C) by adding at the end the following:
‘‘(C) on a United States-registered air-
craft.’’.
(2) HAZMAT
EMPLOYEE.—Paragraph (3) is
amended—
(A) by inserting ‘‘on a fulltime, part time,
or temporary basis’’ after ‘‘employed’’ in sub-
paragraph (A)(i);
†
1213
HR 3 PP
(B) by redesignating clause (ii) of subpara-
graph (A) as clause (iii) and inserting after
clause (i) the following:
‘‘(ii) is self-employed (including an
owner-operator of a motor vehicle, vessel, or
aircraft) transporting hazardous material
in commerce; and’’;
(C) by inserting ‘‘such full time, part time,
or temporary’’ in clause (iii) of subparagraph
(A), as redesignated, after ‘‘course of’’;
(D) by striking subparagraph (B) and re-
designating subparagraph (C) as subparagraph
(B);
(E) by inserting ‘‘on a full time, part time,
or temporary basis’’ after ‘‘employed’’ in sub-
paragraph (B), as redesignated; and
(F) by striking clause (ii) of subparagraph
(B), as redesignated, and inserting the following:
‘‘(ii) designs, manufactures, fabricates,
inspects, marks, maintains, reconditions, re-
pairs, or tests a package, container, or
packaging component that is represented,
marked, certified, or sold by that person as
qualified for use in transporting hazardous
material in commerce;’’.
†
1214
HR 3 PP
(3) HAZMAT
EMPLOYER.—Paragraph (4) is
amended to read as follows:
‘‘(4) ‘hazmat employer’ means a person—
‘‘(A) who—
‘‘(i) employs or uses at least 1 hazmat
employee on a full time, part time, or tem-
porary basis, or
‘‘(ii) is self-employed (including an
owner-operator of a motor vehicle, vessel, or
aircraft) transporting hazardous material
in commerce, and
‘‘(B) who—
‘‘(i) transports hazardous material in
commerce,
‘‘(ii) causes hazardous material to be
transported in commerce, or
‘‘(iii) 
designs, 
manufactures, 
fab-
ricates, inspects, marks, maintains, recondi-
tions, repairs, or tests a package, container,
or packaging component that is represented,
marked, certified, or sold by that person as
qualified for use in transporting hazardous
material in commerce, and
includes a department, agency, or instrumen-
tality of the United States Government, or an
†
1215
HR 3 PP
authority of a State, political subdivision of a
State, or Indian tribe, carrying out an activity
described in subparagraph (B).’’.
(4) IMMINENT
HAZARD.—Paragraph (5) is
amended by inserting ‘‘relating to hazardous mate-
rial’’ after ‘‘of a condition’’.
(5) MOTOR CARRIER.—Paragraph (7) is amend-
ed to read as follows:
‘‘(7) ‘motor carrier’—
‘‘(A) means a motor carrier, motor private
carrier, and freight forwarder as those terms are
defined in section 13102 of this title; but
‘‘(B) does not include a freight forwarder,
as so defined, if the freight forwarder is not per-
forming a function relating to highway transpor-
tation.’’.
(6) NATIONAL RESPONSE TEAM.—Paragraph (8)
is amended—
(A) by striking ‘‘national response team’’
both places it appears and inserting ‘‘National
Response Team’’; and
(B) by striking ‘‘national contingency
plan’’ and inserting ‘‘National Contingency
Plan’’.
†
1216
HR 3 PP
(7) PERSON.—Paragraph (9)(A) is amended by
striking ‘‘offering’’ and all that follows and inserting
‘‘that—
‘‘(i) offers hazardous material for
transportation in commerce;
‘‘(ii) transports hazardous material to
further a commercial enterprise; or
‘‘(iii) 
designs, 
manufactures, 
fab-
ricates, inspects, marks, maintains, recondi-
tions, repairs, or tests a package, container,
or packaging component that is represented,
marked, certified, or sold by that person as
qualified for use in transporting hazardous
material in commerce; but’’.
(8) SECRETARY OF TRANSPORTATION.—Section
5102 is further amended—
(A) by redesignating paragraphs (11), (12),
and (13), as paragraphs (12), (13), and (14), re-
spectively; and
(B) by inserting after paragraph (10) the
following:
‘‘(11) ‘Secretary’ means the Secretary of Trans-
portation except as otherwise provided.’’.