[Congressional Record Volume 144, Number 44 (Tuesday, April 21, 1998)]
[House]
[Pages H2069-H2072]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1445
 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION REAUTHORIZATION ACT OF 
                                  1998

  Mr. BLILEY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2691) to reauthorize and improve the operations of the 
National Highway Traffic Safety Administration, as amended.
  The Clerk read as follows:

                               H.R. 2691

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Highway Traffic 
     Safety Administration Reauthorization Act of 1998''.

     SEC. 2. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Motor Vehicle Safety Activities.--Section 30104 of 
     title 49, United States Code, is amended to read as follows:

     ``Sec. 30104. Authorization of appropriations

       ``There is authorized to be appropriated to the Secretary 
     $81,200,000 for the National Highway Traffic Safety 
     Administration to carry out this part in each fiscal year 
     beginning in fiscal year 1999 and ending in fiscal year 
     2001.''.
       (b) Motor Vehicle Information Activities.--Section 32102 of 
     title 49, United States Code, is amended to read as follows:

     ``Sec. 32102. Authorization of appropriations

       ``There is authorized to be appropriated to the Secretary 
     $6,200,000 for the National Highway Traffic Safety 
     Administration to carry out this part in each fiscal year 
     beginning in fiscal year 1999 and ending in fiscal year 
     2001.''.

     SEC. 3. RESTRICTIONS ON LOBBYING ACTIVITIES.

       (a) Amendment.--Subchapter I of chapter 301 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

[[Page H2070]]

     ``Sec. 30105. Restriction on lobbying activities

       ``No funds appropriated to the Secretary pursuant to 
     section 30104 or 32102 may be available for any activity 
     specifically designed to urge a State or local legislator to 
     favor or oppose the adoption of any specific legislative 
     proposal pending before any State or local legislature.''.
       (b) Clerical Amendment.--The table of contents in 
     subchapter I of chapter 301 of title 49, United States Code, 
     is amended by adding at the end the following:

``30105.  Restriction on lobbying activities.''.

     SEC. 4. RISK AND BENEFIT DISCLOSURE.

       (a) In General.--Within one year of the date of the 
     enactment of this Act, the Secretary of Transportation shall 
     communicate to the public information regarding the 
     reasonable risks and benefits of any major device or element 
     of design to be installed on or in a motor vehicle or motor 
     vehicle equipment in compliance with a motor vehicle safety 
     standard issued under section 30111 of title 49, United 
     States Code, determined by the Secretary to be important to 
     the protection of motor vehicle occupants.
       (b) Notice and Comment.--In carrying out subsection (a), 
     the Secretary of Transportation shall provide notice that the 
     Secretary is considering the means for carrying out 
     subsection (a) and shall provide opportunity for comment on--
       (1) the extent to which the information to be communicated 
     under subsection (a) can be communicated in a manner which is 
     scientifically objective and which relies upon scientific 
     findings; and
       (2) the extent to which such information can be made 
     available to consumers in a clear and easily understandable 
     format through the Internet, public libraries, and such other 
     means as the Secretary may deem appropriate.
       (c) No Requirement.--Unless the Secretary of Transportation 
     determines that it is essential to ensuring motor vehicle 
     safety, the Secretary may not require a manufacturer or 
     distributor to distribute any statement of reasonable risks 
     and benefits which the Secretary is to communicate under 
     subsection (a).

     SEC. 5. OCCUPANT PROTECTION PREFERENCES.

       Section 30111 of title 49, United States Code is amended by 
     inserting after subsection (e) the following:
       ``(f) Special Considerations Relating to Occupant 
     Protection.--When prescribing or revising a motor vehicle 
     safety standard under this section or section 30127 relating 
     to the protection of motor vehicle occupants under this 
     chapter, the Secretary shall, to the extent relevant and 
     practicable, design such standard to protect improperly 
     restrained and positioned occupants only to the extent that 
     such a design would not substantially increase the risk of 
     injury to properly restrained and positioned occupants.''.

     SEC. 6. ODOMETERS.

       (a) Transfers of New Motor Vehicles.--Section 32705(a) of 
     title 49, United States Code, is amended by adding at the end 
     the following:
       ``(4)(A) This subsection shall apply to all transfers of 
     motor vehicles (unless otherwise exempted by the Secretary by 
     regulation), except in the case of transfers of new motor 
     vehicles from a vehicle manufacturer jointly to a dealer and 
     a person engaged in the business of renting or leasing 
     vehicles for a period of 30 days or less.
       ``(B) For purposes of subparagraph (A), the term `new motor 
     vehicle' means any motor vehicle driven with no more than the 
     limited use necessary in moving, transporting, or road 
     testing such vehicle prior to delivery from the vehicle 
     manufacturer to a dealer, but in no event shall the odometer 
     reading of such vehicle exceed 300 miles.''.
       (b) Exempted Vehicles.--Section 32705(a) of title 49, 
     United States Code, as amended by subsection (a), is amended 
     by adding at the end the following new paragraph:
       ``(5) The Secretary may exempt such classes or categories 
     of vehicles as the Secretary deems appropriate from these 
     requirements. Until such time as the Secretary amends or 
     modifies the regulations set forth in 49 CFR 580.6, such 
     regulations shall have full force and effect.''.

     SEC. 7. INTERNATIONAL HARMONIZATION.

       (a) Amendment.--Subchapter III of chapter 301 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 30148. International motor vehicle safety outreach

       ``(a) Activities.--The Secretary is authorized, in 
     consultation with the Secretaries of State and Commerce where 
     appropriate, to engage in activities that improve worldwide 
     motor vehicle safety through appropriate activities. Such 
     activities may include--
       ``(1) promoting the adoption of international and national 
     vehicle standards that are harmonized with, functionally 
     equivalent to, or compatible with United States vehicle 
     standards;
       ``(2) participating in efforts to foster an international 
     acceptance of globally harmonized or functionally equivalent 
     or compatible motor vehicle regulations and standards to 
     otherwise improve international highway and motor vehicle 
     safety;
       ``(3) promoting international cooperative programs for 
     conducting research, development, demonstration projects, 
     training, and other forms of technology transfer and 
     exchange, including safety conferences, seminars, and 
     expositions to enhance international motor vehicle safety; 
     and
       ``(4) providing technical assistance to other countries 
     relating to their adoption of United States vehicle 
     regulations or standards functionally equivalent to United 
     States vehicle standards.
       ``(b) Cooperation.--The Secretary may carry out the 
     authority granted by this section, in cooperation with 
     appropriate United States Government agencies, any State or 
     local agency, and any authority, association, institution, 
     corporation (profit or nonprofit), foreign government, 
     multinational institution, or any other organization or 
     person.
       ``(c) Consideration.--When engaging in activities to 
     improve worldwide motor vehicle safety, the Secretary shall 
     ensure that these activities maintain or improve the level of 
     safety of motor vehicles and motor vehicle equipment sold in 
     the United States.
       ``(d) Public Meetings and Information.--To ensure public 
     awareness of, and opportunity to comment on, decision-making 
     meetings concerning the adoption of a globally harmonized 
     motor vehicle regulation or standard, described in subsection 
     (a)(2), by an international body or representatives of any 
     foreign nation the Secretary shall--
       ``(1) not less than quarterly, provide notice of, and hold 
     a public meeting to receive comments on the subject matter 
     of, any decision-making meetings scheduled to be held with an 
     international body or representatives of any foreign nation 
     before the next public meeting required to be held under this 
     paragraph; and
       ``(2) make available to the public any relevant information 
     and records, including any proposed text, concerning the 
     matter of any decision-making meetings scheduled with an 
     international body or representatives of any foreign nation 
     as those materials become available.''.
       (b) Clerical Amendment.--The table of contents in 
     subchapter III of chapter 301 of title 49, United States 
     Code, is amended by adding at the end the following:

``30148.  International motor vehicle safety outreach.''.

     SEC. 8. MISCELLANEOUS AMENDMENTS.

       (a) Notification of Defects and Noncompliance.--Sections 
     30118(d) and 30120(h) of title 49, United States Code, are 
     each amended by striking the second sentence.
       (b) Remedies for Defects and Noncompliance.--Section 
     30120(i)(1) of title 49, United States Code, is amended by 
     inserting ``(including retailers of motor vehicle 
     equipment)'' after ``dealer'' the first time it appears.
       (c) Tires.--Section 30123 of title 49, United States Code, 
     is amended by striking subsections (a), (b), and (c) and by 
     redesignating subsections (d), (e), and (f), as subsections 
     (a), (b), and (c), respectively.
       (d) Automatic Occupant Crash Protection and Seat Belt 
     Use.--Section 30127(g)(1) of title 49, United States Code, is 
     amended by striking ``every 6 months'' and inserting 
     ``annually''.
       (e) Miscellaneous.--
       (1) Definitions.--
       (A) Country of origin.--Section 32304(a)(3)(B) of title 49, 
     United States Code, is amended by inserting before the period 
     the following: ``, plus the assembly and labor costs incurred 
     for the final assembly of such engines and transmissions''.
       (B) Final assembly place.--Section 32304(a)(5) of title 49, 
     United States Code, is amended is amended by adding at the 
     end the following: ``Such term does not include facilities 
     for engine and transmission fabrication and assembly and the 
     facilities for fabrication of motor vehicle equipment 
     component parts which are produced at the same final assembly 
     place using forming processes such as stamping, machining, or 
     molding processes.''.
       (C) Outside supplier content reporting.--Section 
     32304(a)(9)(A) of title 49, United States Code, is amended to 
     read as follows:
       ``(A) for an outside supplier--
       ``(i) the full purchase price of passenger motor vehicle 
     equipment whose purchase price contains at least 70 percent 
     value added in the United States and Canada; or
       ``(ii) that portion of the purchase price of passenger 
     motor vehicle equipment containing less than 70 percent value 
     added in the United States and Canada that is attributable to 
     the percent value added in the United States and Canada when 
     such percent is expressed to the nearest 5 percent; and''.
       (2) Country of assembly.--Section 32304(d) of title 49, 
     United States Code, is amended by adding at the end the 
     following; ``A manufacturer may add to the label required 
     under subsection (b) a line stating the country in which 
     vehicle assembly was completed.''.
       (3) Vehicle content percentage by assembly plant.--Section 
     32304 of title 49, United States Code, is amended by 
     redesignating subsections (c) through (f) as subsections (f) 
     through (i), respectively, and by adding after subsection (b) 
     the following:
       ``(c) Vehicle Content Percentage by Assembly Plant.--A 
     manufacturer may display separately on the label required by 
     subsection (b) the domestic content of a vehicle based on the 
     assembly plant. Such display shall occur after the matter 
     required to be in the label by subsection (b)(1)(A).''.
       (4) Suppliers failing to report.--Section 32304 of title 
     49, United States Code, is amended by adding after subsection 
     (c), as added by paragraph (3), the following:
       ``(d) Value Added Determination.--If a manufacturer or 
     allied supplier requests information in a timely manner from 
     one or more of its outside suppliers concerning the U.S./
     Canadian content of particular equipment, but does not 
     receive that information

[[Page H2071]]

     despite a good faith effort to obtain it, the manufacturer or 
     allied supplier may make its own good faith value added 
     determinations, subject to the following:
       ``(1) The manufacturer or allied supplier shall make the 
     same value added determinations as would be made by the 
     outside supplier, that is, whether 70 percent or more of the 
     value of equipment is added in the United States and/or 
     Canada.
       ``(2) The manufacturer or allied supplier shall consider 
     the amount of value added and the location in which the value 
     was added for all of the stages that the outside supplier 
     would be required to consider.
       ``(3) The manufacturer or allied supplier may determine 
     that the value added in the United States and/or Canada is 70 
     percent or more only if it has a good faith basis to make 
     that determination.
       ``(4) A manufacturer and its allied suppliers may, on a 
     combined basis, make value added determinations for no more 
     than 10 percent, by value, of a carline's total parts content 
     from outside suppliers.
       ``(5) Value added determinations made by a manufacturer or 
     allied supplier under this paragraph shall have the same 
     effect as if they were made by the outside supplier.
       ``(6) This provision does not affect the obligation of 
     outside suppliers to provide the requested information.''.
       (5) Accounting for the value of small parts.--Section 32304 
     of title 49, United States Code, is amended by adding after 
     subsection (d), as added by paragraph (4), the following:
       ``(e) Small Parts.--The country of origin of nuts, bolts, 
     clips, screws, pins, braces, gasoline, oil, blackout, 
     phosphate rinse, windshield washer fluid, fasteners, tire 
     assembly fluid, rivets, adhesives, and grommets, of any 
     system, subassembly, or component installed in a vehicle 
     shall be considered to be the country in which such parts 
     were included in the final assembly of such vehicle.''.
       (f) Study.--The National Highway Traffic Safety 
     Administration shall conduct a study of the benefits to motor 
     vehicle drivers of a regulation to require the installation 
     in a motor vehicle of an interior device to release the trunk 
     lid. Not later than 18 months after the date of the enactment 
     of this Act, the Administration shall submit a report on the 
     results of the study to the Committee on Commerce of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate.

     SEC. 9. IMPORTATION OF MOTOR VEHICLE FOR SHOW OR DISPLAY.

       (a) Importation of Noncomplying Motor Vehicles.--Section 
     30114 of title 49, United States Code, is amended by striking 
     ``or competitive racing events'' and inserting ``competitive 
     racing events, show, or display''.
       (b) Transition Rule.--A person who is the owner of a motor 
     vehicle located in the United States on the date of enactment 
     of this Act may seek an exemption under section 30114 of 
     title 49, United States Code, as amended by subsection (a) of 
     this section, for a period of 6 months after the date 
     regulations of the Secretary of Transportation promulgated in 
     response to such amendment take effect.

  The SPEAKER pro tempore (Mr. LaHood). Pursuant to the rule, the 
gentleman from Virginia (Mr. Bliley) and the gentleman from 
Pennsylvania (Mr. Klink) each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia (Mr. Bliley).
  Mr. BLILEY. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. BLILEY asked and was given permission to revise and extend his 
remarks.)
  Mr. BLILEY. Mr. Speaker, today I rise in strong support of H.R. 2691, 
the National Highway Traffic Safety Administration Reauthorization Act. 
This legislation represents the Committee on Commerce's commitment to 
the regular business of reauthorizing the agencies within our 
jurisdiction. The legislation before the House has benefitted from the 
input of the administration, consumers groups, manufacturers and 
automobile dealers.
  In our oversight of NHTSA, we discovered a number of agency 
operations that required Congressional action. This was particularly 
true with regard to air bags. All of us were concerned when the first 
stories about air bag injuries surfaced. After all, these safety 
devices were mandated by Congress. We learned that in almost every 
instance, people injured by air bags were either not wearing a seat 
belt or were seated too close to the air bag. The committee found that 
NHTSA could have made more information available to consumers sooner 
about the potential risk of injury from air bags. The bill includes a 
provision intended to provide consumers with more information about the 
safety equipment installed on motor vehicles.
  We also found that the air bag safety standard may have put at risk 
those passengers who wear their seat belts. To encourage greater seat 
belt use, this legislation directs the Secretary to continue efforts to 
focus on injuries to both belted and unbelted passengers, but to ensure 
that belted passengers are not penalized for buckling up.
  Second, as many of us know, the committee has obtained copies of 
contracts issued by the agency for the purpose of lobbying State 
legislators. Federal agencies should not be permitted to lobby State 
officials, any more than they should be permitted to lobby Members of 
Congress. Therefore, this legislation contains language requiring that 
the agency apply the same standard used in dealing with the Congress to 
its dealing with State and local legislators.
  NHTSA will still be permitted to promote safety and testify at the 
State and local level, but it will be prohibited from actually asking 
State officials to vote in a particular way. This language was 
carefully crafted and reflects the serious consideration given to the 
issue.
  Finally, the bill contains a number of other miscellaneous amendments 
to the agency's authorizing statutes. Chief among these is language 
providing the agency with authority to participate in international 
safety standard setting efforts. This provision, which was requested by 
the administration, ensures that any efforts to change U.S. safety 
standards will only result in safer and better vehicles for American 
consumers.
  In the 7 years since NHTSA was last authorized, U.S. consumers have 
become increasingly conscious of the safety of their automobiles. Where 
automobile manufacturers once regarded safety as an afterthought, they 
now actively compete for customers on the basis of safety features. Our 
work as legislators must continue to encourage the market to innovate 
and build safer cars. I believe that this legislation meets that goal.
  Before closing, I would like to acknowledge the work of several 
members of the committee. First, the gentleman from Louisiana (Mr. 
Tauzin) the chairman of the subcommittee, deserves much of the credit 
for his work on this bill. This legislation reflects his desire to 
ensure that all groups have an opportunity to be heard on issues of 
importance.
  The gentleman from Illinois (Mr. Shimkus) should also be commended 
for his fine work on the State lobbying provisions. Finally, my good 
friend the gentleman from Michigan (Mr. Dingell) and his staff worked 
with us at every step. I appreciate the spirit of cooperation which led 
to this bill being reported by unanimous voice vote.
  Mr. Speaker, I believe that H.R. 2691 will go a long way toward 
ensuring that safer vehicles travel on our Nation's highways. I urge my 
colleagues to support this well-balanced legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. KLINK. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to stand today to support the 
reauthorization of the National Highway Traffic Safety Administration, 
commonly referred to as NHTSA.
  First of all, I would like to thank my colleagues, my good friends in 
the majority, the gentleman from Virginia (Chairman Bliley) and the 
gentleman from Louisiana (Chairman Tauzin), for all of their good work 
on this bill, and I want to commend them and their staffs for their 
willingness to listen to everyone in the process of writing this bill.
  For those of you who do not know, Mr. Speaker, the National Highway 
Traffic Safety Administration is a branch of the Federal Government 
that has a very serious charge. They are charged with a mission of 
reducing traffic accidents and deaths and reducing injuries and 
economic losses resulting from those accidents by making sure the 
vehicles that we drive are in fact safe to drive.
  Some of my colleagues on this side may have some questions about how 
a few specific provisions, such as the risk and benefit disclosure and 
the occupant protection preferences, will work in the real world of 
regulation. Nevertheless, these would represent good faith efforts to 
address the problems that we have discovered with air bag deployments.
  I would like to thank my good friend, the gentleman from Ohio (Mr. 
Oxley), for bringing his concerns about the

[[Page H2072]]

American Automobile Labeling Act before the committee. Congress passed 
the American Automobile Labeling Act to give American consumers 
information about where the parts that go into the vehicles that they 
purchased were actually made. Many have criticized how the labeling act 
actually calculates domestic contents.
  After looking into the issue, I came to the conclusion that those 
complaints about the accuracy of the labeling act were a valid 
complaint, and that is why I offered, with the full support of my dear 
friend the gentleman from Michigan (Mr. Dingell), an amendment in the 
committee markup to address those concerns by making the labeling act a 
more accurate reflection of domestic content, and I am pleased that the 
committee endorsed our approach.
  Mr. Speaker, we last authorized NHTSA's part of ISTEA back in 1991. 
This is a straightforward and bipartisan reauthorization bill that 
deserves the support of the entire Congress, and I would urge its 
adoption.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Michigan (Mr. Dingell).
  Mr. DINGELL. Mr. Speaker, I thank my good friend for yielding time to 
me.
  Mr. Speaker, I rise in support of H.R. 2691, the National Highway 
Traffic Safety Administration Reauthorization Act 1998. The bill 
authorizes $87.4 million over the next three years so that NHTSA can 
continue promoting highway safety and reducing death and injuries from 
vehicular accidents.
  At the outset I would like to thank and commend the chairman of both 
the committee and the subcommittee for the rare and welcome bipartisan 
way in which they have handled consideration of this legislation. 
Issues of concern raised by the Members on this side of the aisle have 
been addressed and the bill was reported by the committee by voice 
vote.
  Concern was raised during the hearings that the bill's restrictions 
on lobbying were too tough and would prohibit NHTSA from providing 
important advice to State and local governments. As a result, 
provisions in this bill relating to lobbying have been modified so that 
NHTSA is now subject to the same restrictions at the State and local 
levels as it is at the Federal level.
  The legislation also contains important provisions that allow foreign 
manufacturers to account more fully for U.S. content of parts used to 
produce automobiles sold in the United States. Under the bill, 
suppliers can report U.S. content to the nearest 5 percent rather than 
getting no credit if the part has less than 70 percent U.S. content. 
This provision was carefully crafted so as not to interfere with the 
accounting of U.S. auto parts under the U.S.-Japan auto agreement.
  The bill also requires NHTSA to disclose to the public the risks and 
benefits of the equipment and design features required to be installed 
on motor vehicles pursuant to NHTSA regulations. It also authorizes 
NHTSA to promote adoption of U.S. safety standards by auto producers in 
other countries. It also allows NHTSA to design occupant protection 
standards to protect unbelted occupants only if such standards do not 
result in a substantial increase in the risk of injury to the properly 
restrained occupant.
  Mr. Speaker, again I want to thank the managers of the bill for their 
cooperation and fairness. I want to express my appreciation to the 
majority for their kindness in this matter. I believe this a good bill, 
it deserves the support of our colleagues, and I urge my colleagues to 
vote for the legislation.
  Mr. KLINK. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. BLILEY. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Bliley) that the House suspend the rules 
and pass the bill, H.R. 2691, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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