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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PARKING PRIVILEGES FOR CERTAIN INDIVID-
UALS WITH DISABILITIES.
(a) IN GENERAL.—Chapter 1 of title 23, United
State Code, is amended by adding at the end the following
new section:
‘‘§ 161. Parking privileges for certain individuals
with disabilities
‘‘(a) IN GENERAL.—
‘‘(1) PRIVILEGES
GRANTED
TO
QUALIFIED
MOTOR VEHICLES.—Subject to subsection (b), each
State, and each political subdivision of a State, shall
extend the same parking privileges to qualified
motor vehicles from other States as it grants to
qualified motor vehicles designated under the laws of
such State or political subdivision.
‘‘(2) QUALIFIED MOTOR VEHICLE.—A qualified
motor vehicle, referred to in paragraph (1), is a
motor vehicle designated under the laws of any
State, or any political subdivision of a State, for
transporting an individual with a disability that lim-
its or impairs the ability of the individual to walk.
‘‘(b) WITHHOLDING
OF FUNDS
FOR NONCOMPLI-
ANCE.—
‘‘(1) FIRST YEAR.—The Secretary shall with-
hold 5 percent of the amount required to be appor-
tioned to any State under each of sections
104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) on
the 1st day of the 1st fiscal year succeeding fiscal
year 1995 in which the State, or any political sub-
division of the State, is not in compliance with sub-
section (a)(1).
‘‘(2) SUBSEQUENT
YEARS.—If the Secretary
withholds funds from any State under paragraph (1)
for any fiscal year and the State, or any political
subdivision of the State, is not in compliance with
subsection (a)(1) in any subsequent fiscal year, then
the Secretary shall withhold 10 percent of the
amount required to be apportioned to the State
under each 
of 
sections 
104(b)(1), 
104(b)(2),
104(b)(5), and 104(b)(6) on the 1st day of such
subsequent fiscal year.
‘‘(c) PERIOD OF AVAILABILITY; EFFECT OF COMPLI-
ANCE AND NONCOMPLIANCE.—
‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD
FUNDS.—
‘‘(A) FUNDS WITHHELD ON OR BEFORE
SEPTEMBER
30, 
1997.—Any funds withheld
under this section from apportionment to any
State on or before September 30, 1997, shall
remain available for apportionment to the State
as follows:
‘‘(i) FUNDS
APPORTIONED
UNDER
SECTION 104(b)(5)(A).—If the funds would
have 
been 
apportioned 
under 
section
104(b)(5)(A) but for this section, the
funds shall remain available until the end
of the fiscal year for which the funds are
authorized to be appropriated.
‘‘(ii) FUNDS
APPORTIONED
UNDER
SECTION 104(b)(5)(B).—If the funds would
have 
been 
apportioned 
under 
section
104(b)(5)(B) but for this section, the
funds shall remain available until the end
of the 2d fiscal year following the fiscal
year for which the funds are authorized to
be appropriated.
‘‘(iii) FUNDS
APPORTIONED
UNDER
SECTION 104(b)(1), 104(b)(2), OR 104(b)(6).—
If the funds would have been apportioned
under section 104(b)(1), 104(b)(2), or
104(b)(6) but for this section, the funds
shall remain available until the end of the
3d fiscal year following the fiscal year for
which the funds are authorized to be ap-
propriated.
‘‘(B) FUNDS WITHHELD AFTER SEPTEM-
BER 30, 1997.—No funds withheld under this
section from apportionment to any State after
September 30, 1997, shall be available for ap-
portionment to the State.
‘‘(2) APPORTIONMENT
OF
WITHHELD
FUNDS
AFTER COMPLIANCE.—If, before the last day of the
period for which funds withheld from apportionment
under this section are to remain available for appor-
tionment to a State under paragraph (1)(A), the
State and all political subdivisions of the State are
in compliance with subsection (a)(1), then the Sec-
retary shall, on the day following the last day of the
period, apportion to the State the withheld funds re-
maining available for apportionment to the State.
‘‘(3) PERIOD
OF
AVAILABILITY
OF
SUBSE-
QUENTLY APPORTIONED FUNDS.—
‘‘(A) 
AVAILABILITY
OF
FUNDS.—Any
funds apportioned pursuant to paragraph (2)
shall remain available for expenditure as fol-
lows:
‘‘(i) FUNDS
APPORTIONED
UNDER
SECTION
104(b)(5)(A).—Funds apportioned
under section 104(b)(5)(A) shall remain
available until the end of the fiscal year
succeeding the fiscal year in which the
funds are apportioned.
‘‘(ii) FUNDS
APPORTIONED
UNDER
SECTION 104(b)(1), 104(b)(2), 104(b)(5)(B), OR
104(b)(6).—Funds apportioned under sec-
tion 104(b)(1), 104(b)(2), 104(b)(5)(B), or
104(b)(6) shall remain available until the
end of the 3d fiscal year succeeding the fis-
cal year in which the funds are appor-
tioned.
‘‘(B) LAPSE OF FUNDS.—Funds not obli-
gated at the end of the period shall lapse or, in
the case of funds apportioned under section
104(b)(5), shall lapse and be made available by
the Secretary for projects in accordance with
section 118(b).
‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the
end of the period for which funds withheld from ap-
portionment under this section are available for ap-
portionment to a State under paragraph (1), the
State or any political subdivision of the State is not
in compliance with subsection (a)(1), then the funds
shall lapse or, in the case of funds withheld from ap-
portionment under section 104(b)(5), the funds shall
lapse and be made available by the Secretary for
projects in accordance with section 118(b).
‘‘(d) DEFINITIONS.—For the purposes of this section:
‘‘(1) MOTOR VEHICLE.—The term ‘motor vehi-
cle’ has the meaning given such term in section 154.
‘‘(2) STATE.—The term ‘State’ means any en-
tity that receives apportionments under section
104.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 1 of title 23, United States Code, is amended by
adding at the end the following new item:
‘‘161. Parking privileges for certain individuals with disabilities.’’.
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