[House Report 106-200]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-200

======================================================================



 
      TO CORRECT ERRORS IN THE AUTHORIZATIONS OF CERTAIN PROGRAMS 
   ADMINISTERED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

                                _______
                                

 June 25, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                        [To accompany H.R. 2035]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Commerce, to whom was referred the bill 
(H.R. 2035) to correct errors in the authorizations of certain 
programs administered by the National Highway Traffic 
Administration, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     5
Committee Consideration..........................................     5
Roll Call Votes..................................................     5
Committee Oversight Findings.....................................     5
Committee on Government Reform Oversight Findings................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Committee Cost Estimate..........................................     5
Congressional Budget Office Estimate.............................     6
Federal Mandates Statement.......................................     7
Advisory Committee Statement.....................................     7
Constitutional Authority Statement...............................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

                          Purpose and Summary

    H.R. 2035, a bill to correct errors in the authorizations 
of certain programs administered by the National Highway 
Traffic Safety Administration, is intended to correct mistakes 
made in the authorizations for the National Highway Traffic 
Safety Administration's (NHTSA's) motor vehicle safety and 
information programs during consideration of H.R. 2691, the 
National Highway Traffic Safety Administration Act of 1998, in 
the 105th Congress, when the Administration failed to inform 
the Committee of changes in their budget request for those 
programs. For Fiscal Years 1999-2001, the bill provides annual 
authorizations for motor vehicle safety programs in the amount 
of $98,313,500 and for motor vehicle information programs in 
the amount of $9,562,500.

                  Background and Need for Legislation

    In 1966, Congress enacted the National Traffic and Motor 
Vehicle Safety Act (P.L. 89-563) to reduce traffic accidents, 
and the deaths and injuries resulting from those accidents. As 
part of that mission, the Secretary of Transportation was given 
authority to establish appropriate motor vehicle safety 
standards. In 1970, Congress enacted the Highway Safety Act of 
1970, which formally established the National Highway Traffic 
Safety Administration, the agency with the day-to-day 
responsibility for reducing the deaths, injuries, and economic 
losses resulting from motor vehicle accidents.
    NHTSA was last reauthorized at the end of the 105th 
Congress as part of the Transportation Equity Act for the 21st 
Century (TEA-21; P.L. 105-178, as amended by P.L. 105-206). The 
reauthorization language included in the TEA-21 conference 
report was theresult of an extensive reauthorization process 
within the Committee on Commerce, which resulted in the House passage 
of H.R. 2691, the National Highway Traffic Safety Administration Act of 
1998 (H. Rpt. 105-477). Much of H.R. 2691, as passed by the House, was 
included in the TEA-21 conference report, along with Senate provisions 
addressing NHTSA rulemaking on advanced air bag technology.
    The Committee notes that the NHTSA reauthorization package 
ultimately included in TEA-21--and supported on a bipartisan 
basis--contained a number of important provisions which will 
improve the safety of the Nation's fleet of motor vehicles. It 
includes provisions addressing the safety of air bags and the 
development of the next generation of restraint technology, 
improving the quality of information available to consumers 
about where their motor vehicles are manufactured, restricting 
the ability of NHTSA to engage in the inappropriate lobbying of 
State and local officials, and eliminating a number of 
redundant and wasteful regulatory and reporting requirements.
    Among the other issues considered during the Committee's 
reauthorization process was the level at which the agency was 
to be funded. During the drafting of the bill, the Committee 
solicited the views of the Administration on the appropriate 
authorization level. For Fiscal Years 1998-2000, the 
Administration requested $81.2 million annually for motor 
vehicle safety activities and $6.2 million annually for motor 
vehicle information activities, for a total of $87.4 million 
annually. During the Subcommittee on Telecommunications, Trade, 
and Consumer Protection's hearings on H.R. 2691, NHTSA Deputy 
Administrator Philip R. Recht testified in favor of those 
authorization levels:

          First, section 2 on authorizations: this section 
        would reauthorize our motor vehicle safety and our 
        motor vehicle information and cost savings programs for 
        fiscal year 1999 through fiscal year 2001. It would 
        reauthorize the programs at the precise funding levels 
        which we requested, and we, of course, support that 
        section of the bill. (October 29, 1997; Serial No. 105-
        52, p. 4; emphasis added.)

These were the funding levels that were ultimately enacted for 
NHTSA for Fiscal Years 1999-2001.
    At the beginning of February 1998, the President submitted 
his budget and increased his request for NHTSA motor vehicle 
information and safety programs to a total of $99.8 million for 
FY 1999-2001. However, NHTSA never informed the Committee of 
that fact. In fact, the agency endorsed the enacted 
authorization levels on March 19, 1998--more than a month and a 
half after submission of the President's budget. Ms. Nancy E. 
McFadden, General Counsel to the Department of Transportation, 
wrote in a letter to Chairman Bliley commenting on H.R. 2691:

          We appreciate the Committee's willingness to 
        incorporate the funding levels that the Department [of 
        Transportation] requested for its vehicle safety and 
        consumer information programs. The funding levels will 
        enable us to continue the vital work of these programs, 
        to the benefit of the motoring public. (emphasis added)

    Shortly after enactment of TEA-21, Secretary of 
Transportation Rodney Slater wrote Senate Commerce Committee 
Chairman McCain noting that ``through a technical oversight * * 
* [NHTSA's authorization levels] were not changed to reflect 
the Administration's budget request.'' Secretary Slater went on 
to ask that NHTSA's total authorization be increased to $99.8 
million for FY 1999 through 2001 in the TEA-21 technical 
correction legislation. While neither the House nor the Senate 
agreed to the Administration's request, there was an agreement 
between NHTSA and the Committee to review the agency's request 
at a later date.
    Clause 2 of Rule XXI of the Rules of the United States 
House of Representatives prohibits the appropriation of funds 
in excess of an express authorization in law. Accordingly, 
funds appropriated to the agency for motor vehicle safety and 
information programs for Fiscal Year 1999 were limited to the 
enacted authorization level, resulting in appropriations 
approximately 14 percent lower than the level requested. To 
compensate for this shortfall, the Administration made several 
one-time transfers of funds from other accounts to fund motor 
vehicle safety and information programs.
    Early in the 106th Congress, in discussions with the 
Committee, the Administration warned that without a change in 
the enacted authorization levels and the ability to seek higher 
appropriated levels, NHTSA would be unable to fully meet its 
regulatory and statutory obligations. In particular, the agency 
highlighted the following areas that would be underfunded:
          Agency activities in support of key rulemakings, 
        including advanced air bags and upgraded frontal and 
        side protection standards would be reduced by 
        approximately 50 percent;
          Crash testing under the National Crash Assessment 
        Program (NCAP), including the testing of new vehicles 
        with reduced-power air bags, would be reduced by 50 
        percent;
          Research into improvements in motor vehicle 
        crashworthiness and biomechanics, including the 
        development of new crash test dummies, would be cut by 
        more than 50 percent;
          Research into crash avoidance and development of 
        anti-lock braking system test procedures would be 
        delayed;
          Support for the Partnership for a New Generation of 
        Vehicles (PNGV) would be eliminated;
          Special crash investigations on advanced air bag 
        systems would be curtailed; and,
          Vehicle safety compliance and defects investigations 
        would be cut back.
    In its FY 2000 budget submission, the Administration 
requested $106.13 million for motor vehicle safety programs (a 
31 percent increase over enacted levels), and $9.83 million for 
motor vehicle information activities (a 59 percent increase 
over enacted levels). NHTSA contends that a large portion of 
these funds is needed to make up for funds that were not 
available during Fiscal Year 1999 due to its reduced 
authorization level.
    However, even the Administration admits that its request 
for FY 2000 and 2001 includes funds for programs that were not 
contemplated at the time the original authorization bill was 
enacted. This caused concern among some Members of the 
Committee that the Administration was seeking a funding 
increase for the agency rather than correcting a mistake in the 
original authorization.
    H.R. 2035 changes the authorizations for NHTSA for Fiscal 
Years 1999 through 2001 to provide for an annual maximum of 
$98.3 million for motor vehicle safety programs and $9.6 
million for motor vehicle information programs, for a total 
annual authorization of $107.9 million. This amount is 
approximately $8.1 million over the agency's FY 1999 request, 
but is $8.6 million less than the Administration's request for 
FY 2000-2001.
    The bill essentially splits the difference between the two 
requests. The Committee believes that this funding level will 
permit the agency to bring its programs to the point they would 
have been absent the Administration's mistake, but does not 
fund increases in excess of those levels.
    During consideration of H.R. 2035, several Members 
expressed concerns about recent agency activities. Some Members 
expressed concern about the agency's efforts to develop 
standards for the next generation of air bags and the use of 
unbelted testing methods. Other Members raised concerns about 
several instances where NHTSA staff allegedly failed to comply 
with the prohibition on the lobbying of State and local 
officials found at Sec. 30105 of title 49, U.S. Code. In the 
past, the Committee has taken these allegations very seriously. 
It was evidence of inappropriate behavior on the part of agency 
officials toward State and local legislators that led to the 
enactment of that particular provision during consideration of 
H.R. 2691 and TEA-21. Several Members expressed concern that 
the agency may now be using novel interpretations of the 
statutory language to avoid complying with the section's 
requirements. The Committee reminds the agency that Statement 
of Managers in the Conference Report to accompany H.R. 2400 (H. 
Rpt. 105-550) provides the only acceptable interpretation of 
this language.

                                Hearings

    The Committee on Commerce has not held hearings on the 
legislation.

                        Committee Consideration

    On June 10, 1999, the Full Committee met in open markup 
session and ordered H.R. 2035 reported to the House, without 
amendment, by a voice vote, a quorum being present.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the Rules of the House requires 
the Committee to list the recorded votes on the motion to 
report legislation and amendments thereto. There were no 
recorded votes taken in connection with ordering H.R. 2035 
reported. A motion by Mr. Bliley to order H.R. 2035 reported to 
the House, without amendment, was agreed to by a voice vote, a 
quorum being present.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has not held oversight 
or legislative hearings on this legislation.

           Committee on Government Reform Oversight Findings

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
2035, a bill to correct errors in the authorizations of certain 
programs administered by the National Highway Traffic Safety 
Administration, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 24, 1999.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2035, a bill to 
correct errors in the authorizations of certain programs 
administered by the National Highway Traffic Administration.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is James 
O'Keeffe.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2035--A bill to correct errors in the authorizations of certain 
        programs administered by the National Highway Traffic 
        Administration

    Summary: H.R. 2035 would increase the authorization of 
appropriations for the National Highway Safety Administration's 
(NHTSA's) motor vehicle safety and information programs from a 
total of about $87 million to about $108 million for each of 
fiscal years 2000 and 2001. These two programs were authorized 
at the current levels of $81 million and $6 million, 
respectively, in the Transportation Equity Act for the 21st 
Century (Public Law 105-178).
    Assuming appropriation of authorized amounts, CBO estimates 
that implementing H.R. 2035 would result in additional 
discretionary spending of about $40 million over the 2000-2004 
period, relative to the amounts authorized under current law. 
H.R. 2035 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. The bill 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
impose no costs on state, local, or tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2035 is shown in the following table. 
For the purposes of this estimate, CBO assumes that H.R. 2035 
will be enacted by the end of fiscal year 1999 and that the 
authorized amounts will be appropriated for each year. 
Estimated outlays are based on historical spending patterns for 
the two affected programs. The costs of this legislation fall 
within budget function 400 (transportation).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              1999     2000     2001     2002     2003     2004
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:
    Authorization Level \1\...............................       87       87       87        0        0        0
    Estimated Outlays.....................................       82       89       90       37       13        4
Proposed Changes:
    Authorization Level...................................        0       20       20        0        0        0
    Estimated Outlays.....................................        0       12       17        7        3        1
Spending Under H.R. 2035:
    Authorization Level...................................       87      108      108        0        0        0
    Estimated Outlays.....................................       82      101      107       44       16        5
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 level is the amount appropriated for that year for NHTSA's motor vehicle safety and information
  programs. Public Law 105-178 authorized the same amount for 2000 and 2001.

    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 2035 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: James O'Keeffe.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Amendments to title 49, United States Code

    Subsection (a) changes the annual authorization for motor 
vehicle safety programs for Fiscal Years 1999-2001 from 
$81,200,000 to $98,313,500. Subsection (b) changes the annual 
authorization for motor vehicle information and cost savings 
programs for Fiscal Years 1999-2001 from $6,200,000 to 
$9,562,500.

         Changes in Existing Law Made by the Bill, As Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *



            SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

           *       *       *       *       *       *       *


                            PART A--GENERAL

                  CHAPTER 301--MOTOR VEHICLE SAFETY

           *       *       *       *       *       *       *



                         SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *



Sec. 30104. Authorization of appropriations

  There is authorized to be appropriated to the Secretary 
[$81,200,000] $98,313,500 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.

           *       *       *       *       *       *       *


            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS

           *       *       *       *       *       *       *


                         CHAPTER 321--GENERAL

           *       *       *       *       *       *       *



Sec. 32102. Authorization of appropriations

  There is authorized to be appropriated to the Secretary 
[$6,200,000] $9,562,500 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.

           *       *       *       *       *       *       *


                                  
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