[Congressional Record Volume 150, Number 5 (Monday, January 26, 2004)]
[Senate]
[Pages S247-S252]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DeWine:
  S. 2024. A bill to reduce the incidence of motor vehicle-related 
child injuries and deaths occurring inside or outside of motor 
vehicles, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2024

       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 ``Safe Kids, Safe Cars Act of 
     2004''.

     SEC. 2. INCORPORATION OF CHILD DUMMIES IN MOTOR VEHICLE 
                   SAFETY TESTS.

       (a) Rulemaking Required.--Not later than 2 years after the 
     date of the enactment of this Act, the Administrator of the 
     National Highway Traffic Safety Administration shall

[[Page S248]]

     conduct a rulemaking to require increased utilization of 
     child dummies, including Hybrid-III child dummies, in motor 
     vehicle safety tests, including crash tests, conducted by the 
     Administration.
       (b) Criteria.--In conducting the rulemaking under 
     subsection (a), the Administrator shall select motor vehicle 
     safety tests in which the inclusion of child dummies will 
     lead to--
       (1) increased understanding of crash dynamics with respect 
     to children; and
       (2) measurably improved child safety.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Transportation shall 
     publish a report regarding the implementation of this 
     section.

     SEC. 3. CHILD SAFETY IN ROLLOVER CRASHES.

       (a) Consumer Information Program.--
       (1) Requirement for program.--The Secretary of 
     Transportation shall carry out a consumer information program 
     relating to child safety in rollover crashes. The Secretary 
     shall make information related to the program available to 
     the public.
       (2) Time for implementation.-- The program shall commence 
     not later than 2 years after the date of the enactment of 
     this Act.
       (b) Child Dummy Development.--
       (1) In general.--Not later than 6 years after the date of 
     the enactment of this Act, the Administrator of the National 
     Highway Traffic Safety Administration shall develop for use 
     in motor vehicle safety crash testing a biofidelic child 
     dummy that is capable of measuring injury forces in a 
     simulated rollover crash.
       (2) Report.--Not later than 3 years after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on progress made in the development of a dummy 
     required under paragraph (1).

     SEC. 4. REPORT ON ENHANCED VEHICLE SAFETY TECHNOLOGIES.

       Not later than 2 years after the date of the enactment of 
     this Act, the Secretary of Transportation shall submit to 
     Congress a report that describes, evaluates, and determines 
     the relative effectiveness of--
       (1) devices and technologies that are designed to reduce 
     the incidence of injuries and deaths to children involved 
     outside of motor vehicles in nontraffic, noncrash motor 
     vehicle accidents, including accidents in which motor 
     vehicles are backed over children;
       (2) currently available and emerging technologies, 
     including auto-reverse functions and child-safe window 
     switches, that are designed to prevent and reduce the number 
     of injuries and deaths to children left unattended inside 
     parked motor vehicles, including injuries and deaths that 
     result from hyperthermia or are related to power windows or 
     power sunroofs; and
       (3) currently available and emerging technologies that are 
     designed to improve the performance of motor vehicle safety 
     belts for effectively protecting the safety of motor vehicle 
     occupants aged between 4 and 8 years old.

     SEC. 5. COMPLETION OF RULEMAKING REGARDING MOTOR VEHICLE 
                   POWER WINDOWS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Transportation shall--
       (1) complete the rulemaking initiated by the National 
     Highway Traffic Safety Administration that is ongoing on the 
     date of the enactment of this Act and relates to a 
     requirement that window switches be designed to reduce the 
     accidental closing by children of power windows; and
       (2) issue regulations to take effect not later than January 
     1, 2006, requiring that window switches or related 
     technologies incorporated into motor vehicles be designed to 
     prevent the accidental closing by children of power windows.

     SEC. 6. DATABASE ON INJURIES AND DEATHS IN NONTRAFFIC, 
                   NONCRASH EVENTS.

       (a) In General.--The Secretary of Transportation shall 
     establish a new database of, and collect data regarding, 
     injuries and deaths in nontraffic, noncrash events involving 
     motor vehicles. The database shall include information 
     regarding--
       (1) the number, types, and proximate causes of injuries and 
     deaths resulting from such events;
       (2) the characteristics of motor vehicles involved in such 
     events;
       (3) the characteristics of the motor vehicle operators and 
     victims involved in such events; and
       (4) the presence or absence in motor vehicles involved in 
     such events of advanced technologies designed to prevent such 
     injuries and deaths.
       (b) Availability.--The Secretary shall make the database 
     available to the public.
                                 ______
                                 
      By Mr. DeWINE:
  S. 2025. A bill to amend title 23, United States Code, to improve 
highway safety; to the Committee on Environment and Public Works.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2025

       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 ``Safe Streets and Highways 
     Act of 2004''.

     SEC. 2. HIGHWAY SAFETY IMPROVEMENT PROGRAM

       (a) In General.--Section 148 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 148. Highway safety improvement program

       ``(a) Definitions.--In this section:
       ``(1) Highway safety improvement program.--The term 
     `highway safety improvement program' means the program 
     carried out under this section.
       ``(2) Highway safety improvement project.--
       ``(A) In general.--The term `highway safety improvement 
     project' means a project described in the State strategic 
     highway safety plan that--
       ``(i) corrects or improves a hazardous road location or 
     feature; or
       ``(ii) addresses a highway safety problem.
       ``(B) Inclusions.--The term `highway safety improvement 
     project' includes a project for--
       ``(i) an intersection safety improvement;
       ``(ii) pavement and shoulder widening (including addition 
     of a passing lane to remedy an unsafe condition);
       ``(iii) installation of rumble strips or another warning 
     device, if the rumble strips or other warning devices do not 
     adversely affect the safety or mobility of bicyclists and 
     pedestrians;
       ``(iv) installation of a skid-resistant surface at an 
     intersection or other location with a high frequency of 
     accidents;
       ``(v) an improvement for pedestrian or bicyclist safety;
       ``(vi)(I) construction of any project for the elimination 
     of hazards at a railway-highway crossing that is eligible for 
     funding under section 130, including the separation or 
     protection of grades at railway-highway crossings;
       ``(II) construction of a railway-highway crossing safety 
     feature; or
       ``(III) the conduct of a model traffic enforcement activity 
     at a railway-highway crossing;
       ``(vii) construction of a traffic calming feature;
       ``(viii) elimination of a roadside obstacle;
       ``(ix) improvement of highway signage and pavement 
     markings;
       ``(x) installation of a priority control system for 
     emergency vehicles at signalized intersections;
       ``(xi) installation of a traffic control or other warning 
     device at a location with high accident potential;
       ``(xii) safety-conscious planning;
       ``(xiii) improvement in the collection and analysis of 
     crash data;
       ``(xiv) planning, equipment, operational activities, or 
     traffic enforcement activities (including police assistance) 
     relating to workzone safety;
       ``(xv) installation of guardrails, barriers (including 
     barriers between construction work zones and traffic lanes 
     for the safety of motorists and workers), and crash 
     attenuators;
       ``(xvi) the addition or retrofitting of structures or other 
     measures to eliminate or reduce accidents involving vehicles 
     and wildlife; or
       ``(xvii) installation and maintenance of signs (including 
     fluorescent, yellow-green signs, and signs designed to 
     identify, or reduce the number and severity of accidents 
     occurring at, a hazardous location) at pedestrian-bicycle 
     crossings and in school zones.
       ``(3) Safety project under any other section.--
       ``(A) In general.--The term `safety project under any other 
     section' means a project carried out for the purpose of 
     safety under any other section of this title.
       ``(B) Inclusion.--The term `safety project under any other 
     section' includes a project to--
       ``(i) promote the awareness of the public and educate the 
     public concerning highway safety matters; or
       ``(ii) enforce highway safety laws.
       ``(4) State highway safety improvement program.--The term 
     `State highway safety improvement program' means projects or 
     strategies included in the State strategic highway safety 
     plan carried out as part of the State transportation 
     improvement program under section 135(f).
       ``(5) State strategic highway safety plan.--The term `State 
     strategic highway safety plan' means a plan developed by the 
     State transportation department that--
       ``(A) is developed after consultation with--
       ``(i) a highway safety representative of the Governor of 
     the State;
       ``(ii) regional transportation planning organizations, if 
     any;
       ``(iii) representatives of major modes of transportation;
       ``(iv) local traffic enforcement and engineering officials;
       ``(v) persons responsible for administering section 130 at 
     the State level;
       ``(vi) representatives conducting Operation Lifesaver;
       ``(vii) representatives conducting a motor carrier safety 
     program under section 31104 or 31107 of title 49;
       ``(viii) motor vehicle administration agencies; and
       ``(ix) other major State and local safety stakeholders;
       ``(B) analyzes and makes effective use of State, regional, 
     or local crash data;
       ``(C) addresses engineering, management, operation, 
     education, enforcement, and

[[Page S249]]

     emergency services elements of highway safety as key factors 
     in evaluating highway projects;
       ``(D) considers safety needs of, and high-fatality segments 
     of, public roads;
       ``(E) considers the results of State, regional, or local 
     transportation and highway safety planning processes in 
     existence as of the date of enactment of this section;
       ``(F) describes a program of projects or strategies to 
     reduce or eliminate safety hazards;
       ``(G) is approved by the Governor of the State or a 
     responsible State agency; and
       ``(H) is consistent with the requirements of section 
     135(f).
       ``(b) Program.--
       ``(1) In general.--The Secretary shall carry out a highway 
     safety improvement program.
       ``(2) Purpose.--The purpose of the highway safety 
     improvement program shall be to achieve a significant 
     reduction in traffic fatalities and serious injuries on 
     public roads.
       ``(c) Eligibility.--
       ``(1) In general.--To receive funds under this section, a 
     State shall have in effect a State highway safety improvement 
     program under which the State--
       ``(A) develops and implements a State strategic highway 
     safety plan that identifies and analyzes highway safety 
     problems and opportunities as provided in paragraph (2);
       ``(B) produces a program of projects or strategies to 
     reduce identified safety problems; and
       ``(C) evaluates the plan on a regular basis to ensure the 
     accuracy of the data and priority of proposed improvements.
       ``(2) Identification and analysis of highway safety 
     problems and opportunities.--As part of the State strategic 
     highway safety plan, a State shall--
       ``(A) have in place a crash data system with the ability to 
     perform safety problem identification and countermeasure 
     analysis;
       ``(B) based on the analysis required by subparagraph (A)--
       ``(i) identify hazardous locations, sections, and elements 
     (including roadside obstacles, railway-highway crossing 
     needs, and unmarked or poorly marked roads) that constitute a 
     danger to motorists, bicyclists, pedestrians, and other 
     highway users; and
       ``(ii) using such criteria as the State determines to be 
     appropriate, establish the relative severity of those 
     locations, in terms of accidents, injuries, deaths, and other 
     relevant data;
       ``(C) adopt strategic and performance-based goals that--
       ``(i) address traffic safety, including behavioral and 
     infrastructure problems and opportunities on all public 
     roads;
       ``(ii) focus resources on areas of greatest need; and
       ``(iii) are coordinated with other State highway safety 
     programs;
       ``(D) advance the capabilities of the State for traffic 
     records data collection, analysis, and integration with other 
     sources of safety data (such as road inventories) in a manner 
     that--
       ``(i) complements the State highway safety program under 
     chapter 4 and the commercial vehicle safety plan under 
     section 31102 of title 49;
       ``(ii) includes all public roads;
       ``(iii) identifies hazardous locations, sections, and 
     elements on public roads that constitute a danger to 
     motorists, bicyclists, and pedestrians; and
       ``(iv) includes a means of identifying the relative 
     severity of hazardous locations described in clause (iii) in 
     terms of accidents, injuries, and deaths;
       ``(E)(i) determine priorities for the correction of 
     hazardous road locations, sections, and elements (including 
     railway-highway crossing improvements), as identified through 
     crash data analysis;
       ``(ii) identify opportunities for preventing the 
     development of such hazardous conditions; and
       ``(iii) establish and implement a schedule of highway 
     safety improvement projects for hazard correction and hazard 
     prevention; and
       ``(F)(i) establish an evaluation process to analyze and 
     assess results achieved by highway safety improvement 
     projects carried out in accordance with procedures and 
     criteria established by this section; and
       ``(ii) use the information obtained under clause (i) in 
     setting priorities for highway safety improvement projects.
       ``(d) Eligible Projects.--
       ``(1) In general.--A State may obligate funds apportioned 
     to the State under this section to carry out--
       ``(A) any highway safety improvement project on any public 
     road or publicly owned bicycle or pedestrian pathway or 
     trail; or
       ``(B) as provided in subsection (e), for other safety 
     projects.
       ``(2) Use of other funding for safety.--
       ``(A) Effect of section.--Nothing in this section prohibits 
     the use of funds made available under other provisions of 
     this title for highway safety improvement projects.
       ``(B) Use of other funds.--States are encouraged to address 
     the full scope of their safety needs and opportunities by 
     using funds made available under other provisions of this 
     title (except a provision that specifically prohibits that 
     use).
       ``(3) Low-tech, low-cost safety improvements.--
       ``(A) Program.--Each State shall carry out a program for 
     the reduction of accidents, injuries, and deaths at hazardous 
     locations through means described in clauses (i), (ii), (v), 
     (ix), (xi), and (xvii) of subsection (a)(2)(B).
       ``(B) Funds.--Of the funds apportioned to a State under 
     this section for a fiscal year, 10 percent shall be available 
     only for safety programs described in subparagraph (A).
       ``(e) Flexible Funding for States With a Strategic Highway 
     Safety Plan.--
       ``(1) In general.--To further the implementation of a State 
     strategic highway safety plan, a State may use up to 25 
     percent of the amount of funds made available under this 
     section for a fiscal year to carry out safety projects under 
     any other section as provided in the State strategic highway 
     safety plan.
       ``(2) Other transportation and highway safety plans.--
     Nothing in this subsection requires a State to revise any 
     State process, plan, or program in effect on the date of 
     enactment of this section.
       ``(f) Reports.--
       ``(1) In general.--A State shall submit to the Secretary a 
     report that--
       ``(A) describes progress being made to implement highway 
     safety improvement projects under this section;
       ``(B) assesses the effectiveness of those improvements;
       ``(C) describes the extent to which the improvements funded 
     under this section contribute to the goals of--
       ``(i) reducing the number of fatalities on roadways;
       ``(ii) reducing the number of roadway-related injuries;
       ``(iii) reducing the occurrences of roadway-related 
     accidents;
       ``(iv) mitigating the consequences of roadway-related 
     accidents; and
       ``(v) reducing the occurrences of roadway-railroad grade 
     crossing accidents;
       ``(D) describes the most severe hazardous locations in the 
     State identified under subsection (c)(2), including not less 
     than 5 percent of locations determined by the State to be 
     most hazardous or potentially hazardous in terms of 
     accidents, injuries, and deaths; and
       ``(E) contains an assessment of--
       ``(i) potential remedies to hazardous locations identified;
       ``(ii) estimated costs associated with those remedies; and
       ``(iii) impediments to implementation other than cost 
     associated with those remedies.
       ``(2) Contents; schedule.--The Secretary shall establish 
     the content and schedule for a report under paragraph (1).
       ``(3) Transparency.--The Secretary shall make reports under 
     paragraph (1) available to the public through--
       ``(A) the Internet site of the Department; and
       ``(B) such other means as the Secretary determines to be 
     appropriate.
       ``(4) Waiver of liability.--Notwithstanding any other 
     provision of law, no report, survey, schedule, list, or other 
     data compiled or collected for any purpose directly or 
     indirectly relating to paragraph (1), or published by the 
     Secretary in accordance with paragraph (3), shall be--
       ``(A) subject to discovery or admitted into evidence in any 
     Federal or State judicial proceeding; or
       ``(B) considered for any other purpose in any action for 
     damages arising from an occurrence at a location identified 
     or addressed in the report, survey, schedule, list, or other 
     collection of data.
       ``(g) Federal Share of Highway Safety Improvement 
     Projects.--The Federal share of the cost of a highway safety 
     improvement project carried out with funds made available 
     under this section shall be 90 percent.''.
       (2) Allocations of apportioned funds.--Section 133(d) of 
     title 23, United States Code, is amended--
       (A) by striking paragraph (1);
       (B) by redesignating paragraphs (2) through (5) as 
     paragraphs (1) through (4), respectively;
       (C) in paragraph (2) (as redesignated by subparagraph 
     (B))--
       (i) in the first sentence of subparagraph (A)--

       (I) by striking ``subparagraphs (C) and (D)'' and inserting 
     ``subparagraph (C)''; and
       (II) by striking ``80 percent'' and inserting ``90 
     percent'';

       (ii) by striking subparagraph (C);
       (iii) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (C) and (D), respectively; and
       (iv) in subparagraph (C) (as redesignated by clause (iii)), 
     by adding a period at the end; and
       (D) in paragraph (4)(A) (as redesignated by subparagraph 
     (B)), by striking ``paragraph (2)'' and inserting ``paragraph 
     (1)''.
       (3) Conforming amendments.--
       (A) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 148 
     and inserting the following:

``148. Highway safety improvement program.''.

       (B) Sections 154, 164, and 409 of title 23, United States 
     Code, are amended by striking ``152'' each place it appears 
     and inserting ``148''.
       (b) Apportionment of Highway Safety Improvement Program 
     Funds.--Section 104(b) of title 23, United States Code, is 
     amended--
       (1) in the matter preceding paragraph (1), by inserting 
     after ``Improvement program,'' the following: ``the highway 
     safety improvement program,''; and
       (2) by adding at the end the following:
       ``(5) Highway safety improvement program.--

[[Page S250]]

       ``(A) In general.--For the highway safety improvement 
     program, in accordance with the following formula:
       ``(i) 25 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 40 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 35 percent of the apportionments in the ratio 
     that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (c) Elimination of Hazards Relating to Highway 
     Facilities.--
       (1) Funds for protective devices.--Section 130(e) of title 
     23, United States Code, is amended--
       (A) in the heading, by striking ``Protective Devices'' and 
     inserting ``Railway-Highway Crossings'';
       (B) by striking the first sentence and inserting the 
     following:
       ``(1) In general.--For each fiscal year, at least 
     $200,000,000 of the funds authorized and expended under 
     section 148 shall be available for the elimination of hazards 
     and the installation of protective devices at railway-highway 
     crossings.''; and
       (C) by striking ``Sums authorized'' and inserting the 
     following:
       ``(2) Obligation.--Sums authorized''.
       (2) Biennial reports to congress.--Section 130(g) of title 
     23, United States Code, is amended in the third sentence--
       (A) by inserting ``and the Committee on Commerce, Science, 
     and Transportation,'' after ``Public Works''; and
       (B) by striking ``not later than April 1 of each year'' and 
     inserting ``every other year''.
       (3) Expenditure of funds; apportionment.--Section 130 of 
     title 23, United States Code, is amended by adding at the end 
     the following:
       ``(k) Expenditure of Funds; Apportionment.--Funds made 
     available to carry out this section shall be--
       ``(1) available for expenditure on compilation and analysis 
     of data in support of activities carried out under subsection 
     (g); and
       ``(2) apportioned in accordance with section 104(b)(5).''.
       (d) Transition.--
       (1) Implementation.--Except as provided in paragraph (2), 
     to qualify for funding under section 148 of title 23, United 
     States Code (as amended by subsection (a)), a State shall 
     develop and implement a State strategic highway safety plan 
     as required by subsection (c) of that section not later than 
     October 1 of the second fiscal year after the date of 
     enactment of this Act.
       (2) Interim period.--
       (A) In general.--Before October 1 of the second fiscal year 
     after the date of enactment of this Act and until the date on 
     which a State develops and implements a State strategic 
     highway safety plan, the Secretary shall apportion funds to a 
     State for the highway safety improvement program and the 
     State may obligate funds apportioned to the State for the 
     highway safety improvement program under section 148 for 
     projects that were eligible for funding under sections 130 
     and 152 of that title, as in effect on the day before the 
     date of enactment of this Act.
       (B) No strategic highway safety plan.--If a State has not 
     developed a strategic highway safety plan by October 1 of the 
     second fiscal year after the date of enactment of this Act, 
     but demonstrates to the satisfaction of the Secretary that 
     progress is being made toward developing and implementing 
     such a plan, the Secretary shall continue to apportion funds 
     for 1 additional fiscal year for the highway safety 
     improvement program under section 148 of title 23, United 
     States Code, to the State, and the State may continue to 
     obligate funds apportioned to the State under this section 
     for projects that were eligible for funding under sections 
     130 and 152 of that title, as in effect on the day before the 
     date of enactment of this Act.
       (C) Penalty.--If a State has not adopted a strategic 
     highway safety plan by the date that is 2 years after the 
     date of enactment of this Act, funds made available to the 
     State under section 1101(6) of the Safe, Accountable, 
     Flexible, and Efficient Transportation Equity Act of 2003 
     shall be redistributed to other States in accordance with 
     section 104(b) of title 23, United States Code.
       (D) Additional penalties.--If, for any of fiscal years 2005 
     through 2009, a State fails to comply with section 148(f)(3) 
     of title 23, United States Code, not less than 5 percent of 
     funds made available to a State under paragraphs (1) and (2) 
     of section 1101 of the Safe, Accountable, Flexible, and 
     Efficient Transportation Equity Act of 2003 for the fiscal 
     year shall be obligated for projects described in section 
     1101(6) of that Act.

     SEC. 3. STATE AND COMMUNITY GRANT PROGRAM REVISIONS.

       Section 402(a) of title 23, United States Code, is 
     amended--
       (1) in the fifth sentence, by inserting before the period 
     at the end the following: ``to reduce the number of 
     accidents, injuries, and deaths attributable to hazardous 
     locations on public roads''; and
       (2) by striking the eleventh sentence and inserting the 
     following: ``The criteria shall include, at a minimum, 
     criteria on deaths and injuries resulting from police 
     pursuits, school bus accidents, and speeding, traffic-related 
     deaths and injuries at highway construction sites, and the 
     configuration of commercial motor vehicles involved in motor 
     vehicle accidents (including as a result of hazardous or 
     antiquated roadway design).''.

     SEC. 4. OBLIGATION OF FUNDS.

       Section 104 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(m) Proportional Obligation.--
       ``(1) In general.--During each of the periods of fiscal 
     years 2005 through 2006 and fiscal years 2007 through 2009, a 
     State shall make available for the highway safety improvement 
     program under section 148 an amount of obligation authority 
     distributed to the State for Federal-aid highways and highway 
     safety construction programs that is equal to the amount 
     obtained by multiplying--
       ``(A) the aggregate amount of funds apportioned to the 
     State for the highway safety improvement program during the 
     period; and
       ``(B) the proportion that--
       ``(i) the aggregate amount of obligation authority 
     distributed to the State for Federal-aid highways and highway 
     safety construction programs during the period; bears to
       ``(ii) the total of the sums apportioned to the State for 
     Federal-aid highways and highway safety construction programs 
     (excluding sums not subject to an obligation limitation) 
     during the period.
       ``(2) Joint responsibility.--Each State and the Secretary 
     shall jointly ensure compliance with paragraph (1).''.

     SEC. 5. STUDY ON INCREASED SPEEDS.

       (a) Study.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Transportation 
     (referred to in this section as the ``Secretary'') shall 
     conduct a study to examine the effects of increased speed 
     limits enacted by States after 1995.
       (2) Requirements.--The study shall identify empirical data 
     regarding--
       (A) increases or decreases in driving speeds on Interstate 
     highways since 1995;
       (B) correlations between changes in driving speeds and 
     accident, injury, and fatality rates;
       (C) correlations between posted speed limits and observed 
     driving speeds;
       (D) the overall impact on motor vehicle safety resulting 
     from the repeal of the national maximum speed limit in 1995; 
     and
       (E) such other matters as the Secretary determines to be 
     appropriate.
       (b) Report.--Not later than 1 year after the date of 
     completion of the study under subsection (a), the Secretary 
     shall submit to Congress a report that describes the results 
     of the study.
                                 ______
                                 
      By Mr. DeWINE:
  S. 2026. A bill to improve consumer awareness of motor vehicle 
safety; to the Committee on Commerce, Science, and Transportation.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2026

       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 ``Consumer Vehicle Safety 
     Awareness Act of 2004''.

     SEC. 2. 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 by adding at the end the following:
       ``(g) if a safety rating for such automobile has been 
     assigned and formally published by the National Highway 
     Safety Administration under the New Car Assessment Program 
     for at least 60 days prior to the delivery or introduction 
     date of the automobile, the safety rating assigned to such 
     automobile, displayed in text or graphics that--
       ``(1) include, as applicable--
       ``(A) a graphic depiction of the number of stars that 
     corresponds to such safety rating displayed in a bright color 
     clearly differentiated from stars indicating the unattained 
     safety rating;
       ``(B) a statement that the automobile has been assigned a 
     safety rating of zero stars in text of similar size and in 
     the same location as the stars would otherwise have been 
     depicted; or
       ``(C) a statement explaining that multiple safety ratings 
     have been assigned and listing such ratings;
       ``(2) cover at least 8 percent of the total area of the 
     label; and
       ``(3) contain a heading titled `Government Safety 
     Information' and a disclaimer including the following text: 
     `Star ratings can be

[[Page S251]]

     compared between vehicles of similar size and weight. For 
     more information on safety and testing, please visit http://
www.nhtsa.dot.gov'; and
       ``(h) if no safety rating has been assigned to such 
     automobile by the National Highway Safety Administration 
     under the New Car Assessment Program, a statement to that 
     effect.''
       (b) Regulations.--Not later than January 1, 2006, the 
     Secretary of Transportation shall prescribe regulations to 
     implement the labeling requirements added pursuant to 
     subsection (a).
       (c) Conforming and Technical Amendments.--Section 3 of such 
     Act is further amended--
       (1) in subsection (e), by striking ``and'' after the 
     semicolon; and
       (2) in subsection (f)--
       (A) by adding ``and'' at the end of paragraph (3); and
       (B) by striking the period at the end and inserting a 
     semicolon.
       (d) Effective Date.--The amendments made by subsection (a) 
     and subsection (c) shall take effect on January 1, 2006.
                                 ______
                                 
      By Mr. DeWine:
  S. 2027. A bill to amend title 23 and 49, United States Code, to 
improve national highway traffic safety through improved motor vehicle 
driver education and licensing programs, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2027

       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 ``Driver Education and 
     Licensing Improvement Act of 2004''.

     SEC. 2. GRANTS FOR SUPPORT OF ALCOHOL-IMPAIRED DRIVING 
                   COUNTERMEASURES.

       (a) Revised Eligibility Requirements.--Subparagraph (D) of 
     section 410(b)(1) of title 23, United States Code, is amended 
     to read as follows:
       ``(D) Graduated licensing system.--A multiple-stage 
     graduated licensing system for young drivers that, at a 
     minimum, authorizes the issuance of an initial license or 
     learner's permit to a driver no earlier than the driver's 
     16th birthday, makes it unlawful for a person under age 21 to 
     operate a motor vehicle with a blood alcohol concentration of 
     .02 percent or greater, provides for a learning stage of at 
     least six months and an intermediate stage of at least 6 
     months, and applies the following restrictions and features 
     to such stages and to such other stage or stages as may be 
     provided under State law:
       ``(i) A restriction that no more than 2 passengers may 
     occupy a vehicle while it is being operated by a young 
     driver.
       ``(ii) Nighttime driving restrictions applicable, at a 
     minimum, during the hours between 10:00 o'clock post meridiem 
     and 5:00 o'clock ante meridiem.
       ``(iii) Special penalties (including delays in progression 
     through the stages of the graduated licensing system) for 
     violations of restrictions under the system and violations of 
     other State laws relating to operation of motor vehicles.''
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect one year after the date of the enactment of 
     this Act.

     SEC. 3. NATIONAL OFFICE OF DRIVER TRAINING.

       Section 105 of title 49, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f)(1) There is a National Office of Driver Training in 
     the National Highway Traffic Safety Administration.
       ``(2) The head of the National Office of Driver Training is 
     the Director.
       ``(3) The functions of the National Office of Driver 
     Training are as follows:
       ``(A) To provide States with services for coordinating the 
     motor vehicle driver training and licensing programs of the 
     States.
       ``(B) To develop and make available to the States a 
     recommended motor vehicle driver education and licensing 
     curriculum that incorporates the best practices in driver 
     education and licensing, and to carry out such research 
     (pursuant to cooperative agreements or otherwise) and 
     undertake such other activities as the Director determines 
     appropriate to develop and, on an ongoing basis, improve the 
     recommended curriculum.
       ``(C) To provide States with technical assistance for the 
     implementation of the motor vehicle driver education and 
     licensing curriculum recommended under subparagraph (B).
       ``(D) To develop and recommend to the States methods for 
     harmonizing the presentation of motor vehicle driver 
     education and licensing with the requirements of multistage 
     graduated licensing systems, including systems described in 
     section 410(b)(1)(D) of title 23.
       ``(E) To provide States with financial assistance under 
     section 30201 of this title for--
       ``(i) the implementation of the motor vehicle driver 
     education and licensing curriculum recommended under 
     subparagraph (B);
       ``(ii) the establishment or improved administration of 
     multistage graduated licensing systems; and
       ``(iii) the support of other improvements in motor vehicle 
     driver education and licensing programs.
       ``(F) To perform such other functions relating to motor 
     vehicle driver education or licensing as the Secretary may 
     require.''

     SEC. 4. GRANT PROGRAM FOR IMPROVEMENT OF DRIVER EDUCATION AND 
                   LICENSING.

       (a) Authority.--Part A of subtitle VI of title 49, United 
     States Code, is amended by inserting after chapter 301 the 
     following new chapter:

                  ``CHAPTER 302--OTHER DRIVER PROGRAMS

``Sec.
``30201. Driver education and licensing: grant assistance.

     ``Sec. 30201. Driver education and licensing: grant 
       assistance

       ``(a) Authority.--
       ``(1) In general.--The Secretary shall carry out a program 
     to provide States, by grant, with financial assistance to 
     support the improvement of motor vehicle driver education 
     programs and the establishment and improved administration of 
     graduated licensing systems, including systems described in 
     section 410(b)(1)(D) of title 23.
       ``(2) Administrative office.--The Secretary shall 
     administer the program under this section through the 
     Director of the National Office of Driver Training.
       ``(b) Eligibility Requirements.--
       ``(1) Regulations.--The Secretary shall prescribe in 
     regulations the eligibility requirements, application and 
     approval procedures and standards, and authorized uses of 
     grant proceeds for the grant program under this section. The 
     regulations shall, at a minimum, authorize use of grant 
     proceeds for the following activities:
       ``(A) Quality assurance testing.
       ``(B) Improvement of motor vehicle driver education 
     curricula.
       ``(C) Training of instructors for motor vehicle driver 
     education programs.
       ``(D) Monitoring and evaluation of the motor vehicle driver 
     performance of graduates of motor vehicle driver education 
     programs.
       ``(E) Testing and evaluation of motor vehicle driver 
     performance.
       ``(F) Public education and outreach regarding motor vehicle 
     driver education and licensing.
       ``(G) Improvements with respect to State graduated 
     licensing programs, as well as related enforcement 
     activities.
       ``(2) Consultation requirement.--In prescribing the 
     regulations, the Secretary shall consult with the following:
       ``(A) The Administrator of the National Highway Traffic 
     Safety Administration.
       ``(B) The heads of such other departments and agencies of 
     the United States as the Secretary considers appropriate on 
     the basis of relevant interests or expertise.
       ``(C) Appropriate officials of the governments of States 
     and political subdivisions of States.
       ``(D) Representatives of private sector organizations 
     recognized for relevant expertise.
       ``(c) Maximum Amount of Grant.--The maximum amount of a 
     grant of financial assistance for a program, project, or 
     activity under this section may not exceed 75 percent of the 
     total cost of such program, project, or activity.''
       (b) Time for Promulgation of Regulations.--The Secretary of 
     Transportation shall promulgate the regulations under section 
     30201(b) of title 49, United States Code (as added by 
     subsection (a)), not later than October 1, 2004.
       (c) Authorization of Appropriations.--Funds are authorized 
     to be appropriated for carrying out section 30201(b) of title 
     49, United States Code (as added by subsection (a)), for 
     fiscal years and in amounts as follows:
       (1) For fiscal year 2005, $20,000,000.
       (2) For fiscal year 2006, $22,000,000.
       (3) For fiscal year 2007, $24,000,000.
       (4) For fiscal year 2008, $26,000,000.
       (5) For fiscal year 2009, $28,000,000.
       (6) For fiscal year 2010, $30,000,000.

     SEC. 5. GRANT PROGRAM FOR PUBLIC AWARENESS OF ORGAN DONATION 
                   THROUGH DRIVER LICENSING PROGRAMS.

       (a) Authority.--
       (1) In general.--Chapter 302 of title 49, United States 
     Code (as added by section 4), is amended by adding at the end 
     the following new section:

     ``SEC. 30202. ORGAN DONATION THROUGH DRIVER LICENSING: GRANT 
                   ASSISTANCE.

       ``(a) Authority.--
       ``(1) In general.--The Secretary shall carry out a program 
     to provide eligible recipients, by grant, with financial 
     assistance to carry out campaigns to increase public 
     awareness of, and training on, authority and procedures under 
     State law to provide for the donation of organs through a 
     declaration recorded on a motor vehicle driver license.
       ``(2) Administrative office.--The Secretary shall 
     administer the program under this section through the 
     Director of the National Office of Driver Training.
       ``(b) Eligibility Requirements.--

[[Page S252]]

       ``(1) Regulations.--The Secretary shall prescribe in 
     regulations the eligibility requirements, application and 
     approval procedures and standards, and authorized uses of 
     grant proceeds for the grant program under this section.
       ``(2) Consultation requirement.--In prescribing the 
     regulations, the Secretary shall consult with the following:
       ``(A) The Administrator of the National Highway Traffic 
     Safety Administration.
       ``(B) The heads of such other departments and agencies of 
     the United States as the Secretary considers appropriate on 
     the basis of relevant interests or expertise.
       ``(C) Appropriate officials of the governments of States 
     and political subdivisions of States.
       ``(D) Representatives of private sector organizations 
     recognized for relevant expertise.''
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``30202. Organ donation through driver licensing: grant assistance.''.

       (b) Time for Promulgation of Regulations.--The Secretary of 
     Transportation shall promulgate the regulations under section 
     30202(b) of title 49, United States Code (as added by 
     subsection (a)), not later than October 1, 2004.
       (c) Authorization of Appropriations.--Funds are authorized 
     to be appropriated for carrying out section 30201(b) of title 
     49, United States Code (as added by subsection (a)), for 
     fiscal years and in amounts as follows:
       (1) For fiscal year 2005, $4,000,000.
       (2) For fiscal year 2006, $4,000,000.
       (3) For fiscal year 2007, $4,000,000.
       (4) For fiscal year 2008, $4,000,000
       (5) For fiscal year 2009, $4,000,000.
       (6) For fiscal year 2010, $4,000,000.

     SEC. 6. STUDY OF NATIONAL DRIVER EDUCATION STANDARDS.

       (a) Requirement for Study.--The Secretary of Transportation 
     shall carry out a study to determine whether the 
     establishment and imposition of nationwide minimum standards 
     of motor vehicle driver education would improve national 
     highway traffic safety.
       (b) Time for Completion of Study.--The Secretary shall 
     complete the study not later than two years after the date of 
     the enactment of this Act.
       (c) Report.--The Secretary shall publish a report on the 
     results of the study under this section not later than 2 
     years after the study is completed.
                                 ______
                                 
      By Mr. DeWINE:
  S. 2028. A bill to improve tire safety and labeling, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2028

       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 ``Tire Safety Awareness Act of 
     2004''.

     SEC. 2. DATE OF MANUFACTURE INFORMATION.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall, in consultation with the Administrator of the National 
     Highway Traffic Safety Administration, undertake to modify 
     the regulations relating to tire safety that are administered 
     by the Administration through the promulgation of regulations 
     that require that such date of manufacture information is 
     disclosed clearly and understandably, in writing, to 
     consumers at the point of sale on an invoice, sales receipt, 
     or equivalent record.
       (b) Exception.--The date of manufacture information 
     required to be disclosed pursuant to the regulations 
     promulgated under subsection (a) shall not apply to tires 
     that are--
       (1) sold with new motor vehicles;
       (2) exempt from testing under Federal Motor Vehicle Safety 
     Standard (FMVSS) 139; or
       (3) sold for use on vehicles with a gross vehicle weight of 
     10,001 pounds or more.

     SEC. 3. REPORT ON TIRE SAFETY.

       (a) In General.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall enter into a cooperative agreement with the National 
     Academy of Sciences to commission a report to Congress on the 
     effects of age on light vehicle tires (within the meaning of 
     Federal Motor Vehicle Safety Standard (FMVSS) 139), 
     including--
       (1) a study of the effect on tire safety resulting from 
     tire aging characteristics, including but not limited to the 
     chemical breakdown and oxidation that occur over time with 
     respect to tires, irrespective of use;
       (2) recommendations on how to best communicate information, 
     including tire aging characteristics, to consumers, and an 
     assessment of the utility and benefits of this information 
     with respect to motor vehicle safety;
       (3) an examination of whether the imposition of limits on 
     the age of tires available for sale in interstate commerce 
     would enhance motor vehicle safety;
       (4) an examination of--
       (A) currently available, scientifically proven technologies 
     that may assist consumers in assessing tire age; and
       (B) the feasibility of developing technologies in the 
     future that may assist consumers in assessing tire age; and
       (5) any other information the Secretary determines 
     appropriate.
       (b) Consideration of Existing Resources.--The report shall 
     take into consideration relevant scientific studies performed 
     by the National Highway Traffic Safety Administration and the 
     American Society for Testing and Materials Committee F09 on 
     Tires.
       (c) Report Required.--The Secretary shall submit the report 
     to Congress not later than 3 years after the date of the 
     enactment of this Act.

                          ____________________