U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

29–010 

" ! SENATE 

112TH CONGRESS

2d Session 

REPORT

2012

112–261 

Calendar No. 548 

MOTOR VEHICLE AND HIGHWAY SAFETY 

IMPROVEMENT ACT OF 2011 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1449 

DECEMBER 21, 2012.—Ordered to be printed 


tjames on DSK6SPTVN1PROD with congress.#13
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TWELFTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 1

JOHN F. KERRY, Massachusetts 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

JOHNNY ISAKSON, Georgia 

ROY BLUNT, Missouri 

JOHN BOOZMAN, Arkansas 

PATRICK J. TOOMEY, Pennsylvania 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

ELLEN DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

JOHN WILLIAMS, General Counsel 

RICHARD RUSSELL, Republican Staff Director 

DAVID QUINALTY, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 

1The late Senator Inouye served on the Committee until his death on December 17, 2012. 


tjames on DSK6SPTVN1PROD with 
Calendar No. 548 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–261 

MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT 

ACT OF 2011 

DECEMBER 21, 2012.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1449] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1449) to authorize the appropriation 

of funds for highway safety programs and for other purposes, having considered the same, reports favorably thereon with an amendment (in the nature of a substitute) and recommends that the bill 

(as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 1449, the Motor Vehicle and Highway Safety 

Improvement Act of 2011, is to reauthorize and update the highway safety programs of the National Highway Traffic Safety Administration (NHTSA), enhance NHTSA’s safety authorities, increase transparency and accountability in auto safety, and improve 

vehicle safety standards. 

BACKGROUND AND NEEDS

NHTSA has two core missions: highway safety and vehicle safety. 

The highway safety mission consists of safety and research programs designed to decrease vehicle deaths and injuries by changing 

driver behavior regarding seat belt use, drunk driving, speeding, 

motorcycle safety, distracted driving, use of child restraints, and 

several other areas. NHTSA addresses driver behavior with safety 

grants to States that enact certain laws or carry out enforcement 

activities, such as police patrols. NHTSA conducts national adverVerDate Mar 15 2010 05:26 Dec 24, 2012 Jkt 029010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\SR261.XXX SR261

tjames on DSK6SPTVN1PROD with 
2 

tising campaigns related to seat belts and drunk driving as part of 

its coordination with the States. The ‘‘Click It or Ticket’’ and ‘‘Over 

the Limit. Under Arrest’’ campaigns are two examples. NHTSA 

conducts research on driver behavior safety concerns, such as impaired driving, distracted driving, teen driving, and the emerging 

problem of older drivers now that the baby boomers have begun to 

retire. These programs and grants are funded through the Highway 

Trust Fund (HTF). In 2011, $740 million was allocated for these 

purposes. 

In its vehicle safety mission, NHTSA establishes Federal Motor 

Vehicle Safety Standards (FMVSS) that all passenger vehicles 

must meet. NHTSA also is responsible for ensuring compliance 

with those safety standards, investigating possible vehicle safety 

defects, working with automakers to recall vehicles that are noncompliant or that contain safety defects, and conducting vehicle 

safety research. The vehicle safety programs are funded through 

annual appropriations. These funds have remained steady at approximately $140 million for about a decade. 

In 2005, Congress enacted the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEALU, 119 Stat. 1144), a reauthorization of Federal highway programs, including NHTSA’s highway and vehicle safety programs. 

This authorization expired in September 2009, and has been extended several times. The most recent extension expired on March 

31, 2012. 

Highway safety programs 

In 1956, Congress passed the Highway Revenue Act of 1956 (70 

Stat. 387), which established the HTF to help finance the construction of the interstate highway system. Federal motor fuel taxes provide most of the money for the HTF. Using funds from the HTF, 

Congress created incentive programs that provide grants to States 

for passing certain safety laws or establishing enforcement, education, and awareness campaigns about safety issues. These incentive programs were last modified and renewed in 2005 under 

SAFETEA-LU. 

The largest proportion of the highway safety program is contained within section 402 of title 23 of the United States Code. This 

formula grant, which is distributed based on population and vehicle 

miles traveled within each State, provided $235 million to the 

States in 2011 for a range of programs. To qualify for the highway 

safety grant funding, each State must have a highway safety program approved by the Secretary of Transportation (Secretary) that 

is designed to reduce traffic crashes and the resulting deaths, injuries, and property damage. 

In addition to the section 402 grant program, NHTSA administers several State grant programs that are focused on particular 

areas of highway safety. Three of these programs focus on vehicle 

occupant protection. Section 405 of title 23 of the United States 

Code establishes occupant protection incentive grants. States are 

eligible for these grants if they meet criteria relating to seat belt 

laws, enforcement, and education programs. In 2011, 39 States, the 

District of Columbia (D.C.), Puerto Rico, and 4 other territories 

qualified for $25 million in grants under this program. These funds 

can only be used for the purpose of improving occupant protection 

in the State. Section 406 provides grants to States that enact laws 


tjames on DSK6SPTVN1PROD with 
3 

establishing primary enforcement of seat belt laws. A primary enforcement law permits police to stop and cite a motorist for a violation. A secondary enforcement law requires that the police have another reason to stop and cite a motorist before they are allowed to 

cite the individual for the secondary offense. While a number of 

States qualified for this grant in previous years, only one State 

qualified in 2011, and the funds for this grant program have largely gone unused. A separate grant program established in 

SAFETEA-LU provides funds to States that enact and enforce child 

restraint and booster laws. In 2011, 24 States and D.C. qualified 

for $7 million in grant funds. 

NHTSA also administers grant programs for impaired driving, 

motorcycle safety, and State highway safety data systems. A grant 

program under section 410 of title 23 of the United States Code 

provides funds to States ‘‘that adopt and implement effective programs to reduce traffic safety problems resulting from individuals 

driving while under the influence of alcohol.’’ In 2011, 50 States, 

D.C., and Puerto Rico qualified for the $139 million distributed 

through this grant program. There is an additional incentive grant 

established under SAFETEA-LU that is available to States that 

promote motorcycle safety through training and education programs. Forty-eight States and D.C. qualified for the $7 million of 

funds under this program. Finally, a grant program under section 

408 of title 23 of the United States Code is available for States to 

improve their highway safety data collection and data systems. All 

50 States, D.C., Puerto Rico and 4 territories qualified for grants 

totaling $34.5 million under this program. 

In addition to administering highway safety grant programs, 

NHTSA conducts highway safety research and development pursuant to section 403 of title 23. This authority provides funds for research activities designed to develop effective countermeasures 

against dangerous driving behaviors. It funds the National Center 

for Statistics and Analysis (NCSA), which collects and analyzes 

crash data. NCSA is also responsible for the Fatality Analysis Reporting System (FARS), the National Automotive Sampling System 

(NASS), and the Special Crash Investigations (SCI), all of which 

contribute to NHTSA’s understanding of the nature, cause, and injury outcomes of crashes. In 2011, $108 million was allocated to 

NHTSA for highway safety research and development. 

In the six years since SAFETEA-LU was signed into law, there 

has been ongoing debate about the best way for the Federal government to improve highway safety nationwide and to push the States 

toward strengthening their highway safety programs. In particular, 

the debate has focused on the appropriate level of Federal government control and oversight that should be exercised over the use 

of grant funds. Safety advocates and others have argued that the 

Federal government should exercise tight control over spending to 

ensure that States allocate the funds appropriately. The States 

have long argued that they should be given flexibility to meet the 

specific safety needs of their population and, thus, to set the allocations without excessive Federal involvement. Some consensus has 

been developed in recent years that States should work to meet 

measurable performance goals and should be held, at least to some 

degree, accountable for meeting those goals. 


tjames on DSK6SPTVN1PROD with 
4 

Concerns have also been raised about the large number of grants 

and the lack of a coordinated application, distribution, and reporting system among the various programs within the highway program. New safety issues have also emerged in recent years. For instance, there is a growing interest in providing funding for States 

to combat distracted driving and improve the safety of novice drivers. 

Vehicle safety programs 

NHTSA issues Federal Motor Vehicle Safety Standards (FMVSS) 

that require motor vehicle and equipment manufacturers to design 

and build safer motor vehicles. For instance, FMVSS 208, which in 

1968 was one of the first standards to go into effect, requires motor 

vehicle manufacturers to include front seat belts and shoulder belts 

in all passenger vehicles. Since the late 1960s, a number of FMVSS 

have been issued. They include safety standards dealing with crash 

avoidance (e.g., brakes, tires, mirrors), crashworthiness (e.g., head 

restraints, seat belts, airbags, roof strength), and post-crash survival (e.g., fuel system integrity, flammability). The long-term trend 

of declining vehicle fatalities has been attributed in part to continued improvement in these safety standards. In 2008, for example, 

an estimated 13,250 lives were saved by seat belts and 2,500 lives 

were saved by air bags. Other life-saving vehicle technologies, like 

electronic stability control, also have become prominent in vehicle 

fleets and will be mandated in all passenger vehicles starting with 

model year 2012. To comply with an FMVSS, NHTSA has established a ‘‘self-certification’’ process. This requires manufacturers to 

certify that the vehicle or equipment item meets all elements of the 

applicable FMVSS. The manufacturer must exercise ‘‘reasonable 

care’’ in issuing a certification of compliance with safety standards. 

As part of its vehicle safety mission, NHTSA is also responsible 

for identifying motor vehicle safety defects. Through its Office of 

Defects Investigation (ODI), the agency reviews quarterly reports 

submitted by manufacturers as well as approximately 30,000 consumer complaints each year. ODI looks for trends indicating potential safety defects and conducts in-depth investigations to determine the presence of problems. When a safety defect is identified, 

manufacturers are required to provide vehicle owners with a remedy at no cost. Additionally, NHTSA has the authority, following 

a review by ODI, to issue a mandatory recall. However, the agency 

generally relies on manufacturers to conduct voluntary recalls and 

has not issued a mandatory recall since 1979. Once a safety recall 

is issued, NHTSA oversees compliance and can require the manufacturer to take particular steps to increase the rate of such compliance. 

If manufacturers fail to comply with self-certification and compliance obligations or fail to report possible defects, NHTSA can seek 

civil penalties against those companies. Under current law, those 

penalties are capped at $17.4 million for a related series of violations. 

In 2010, this Committee looked into NHTSA’s investigations of 

reported sudden unintended acceleration in Toyota vehicles. While 

NHTSA found that Toyota had withheld information from the 

agency, and thus issued several fines against the company, the 

Committee also found that NHTSA lacked the authority, expertise, 

and resources to effectively challenge the assertions of auto compaVerDate Mar 15 2010 05:26 Dec 24, 2012 Jkt 029010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6601 E:\HR\OC\SR261.XXX SR261

tjames on DSK6SPTVN1PROD with 
5 

nies and to fully investigate possible defects. Following this investigation, Chairman Rockefeller introduced the Motor Vehicle Safety 

Act of 2010 (MVSA), which would have increased NHTSA’s enforcement authorities, required additional accountability and transparency regarding vehicle safety, and increased the authorization 

of funds for NHTSA’s vehicle safety programs. The Committee approved MVSA at an Executive Session. Many of the provisions of 

that bill are included in this legislation. 

SUMMARY OF PROVISIONS

As amended in Committee, S. 1449 would modernize NHTSA and 

reauthorize its highway safety and vehicle safety programs. 

Title I of the legislation would reauthorize NHTSA’s highway 

safety programs and research and development provisions, consolidate several of the occupant protection grants to States, streamline 

the application process for the grants, and add additional accountability measures. The bill amends the section 402 grant program, 

requiring States to submit to NHTSA plans that establish safety 

goals across a series of agreed-upon performance measures (such as 

fatality rate, impaired driving fatality rate, seat belt use rate, etc.) 

and outline their strategy for achieving those goals. NHTSA could 

disapprove a State’s plan if, in the judgment of the Secretary, the 

State’s safety goals are inadequate or the plan, if implemented, 

would not allow the State to meet its own goals. 

Other grant programs would become similarly performance-based 

under the language of the bill. The legislation would restructure 

the impaired driving grant program so that States with the lowest 

rates of impaired driving fatalities automatically qualify for grants 

and have flexibility on how those grant funds are spent. States 

with higher fatality rates would have to meet more criteria in order 

to qualify for grants and would face additional NHTSA oversight 

in the spending of those grant funds. 

The bill would also address emerging safety issues by creating 

new grant programs. Section 108 of the bill would establish a new 

grant to States that enact strict laws banning (1) texting by all 

drivers and (2) the use of electronic communications devices by 

teen drivers. Section 112 of the bill would provide grants to States 

that enact graduated driver licensing laws that establish restrictions on novice drivers. The bill also includes new strategies to address alcohol impaired driving. In addition to updating the existing 

impaired driving grant program, the bill would establish a new 

grant for States that enact mandatory ignition interlock laws. Such 

laws require installation of interlock devices for all drunk driving 

offenders. A separate provision would establish a funding stream 

for research into advanced technologies to prevent drunk driving. 

Titles II through VI of the bill include provisions relevant to 

NHTSA’s vehicle safety programs. These titles would make 

changes to NHTSA’s authorities as well as manufacturers’ obligations with regard to vehicle safety. 

Title II includes a range of provisions that would update and 

strengthen NHTSA’s enforcement authorities, improve the agency’s 

ability to control imports of defective motor vehicles and motor vehicle equipment, and modernize the agency’s motor vehicle research and development capacity. This title would also increase the 


tjames on DSK6SPTVN1PROD with 
6 

existing cap on civil penalties that NHTSA can seek against a manufacturer from $17.4 million to $250 million. 

Title III includes provisions aimed at increasing transparency at 

both NHTSA and the auto companies and at increasing accountability for safety. This title would provide whistleblower protections 

for employees in the auto business, limit the revolving door between NHTSA and industry, and require that a senior official responsible for safety at a corporation certify the accuracy of submissions to NHTSA during safety investigations. Additional provisions 

in this title would improve the efficacy of recalls and ensure that 

bankrupt manufacturers meet their recall obligations. 

Title IV includes provisions intended to strengthen NHTSA’s expertise in advanced technologies and in developing safety standards for the electronic systems that control modern vehicles. The 

Committee’s investigations into NHTSA’s review of Toyota vehicles 

in 2010 revealed that the agency lacks the resources and capabilities to adequately assess modern electronics-based vehicles. The 

title would establish a Council for Vehicle Electronics, Software, 

and Engineering Expertise at NHTSA. The title would require the 

development of safety standards in five areas identified during the 

investigation into the issue of sudden unintended acceleration in 

Toyota vehicles: brake override, pedal placement, electronic systems, pushbutton ignition, and event data recorders. The title also 

includes a provision that would prohibit electronic visual entertainment in the driver’s view. 

Title V would require NHTSA to prioritize child safety in its 

rulemaking. It includes provisions that would require NHTSA to 

update its standards for child safety seats to account for larger 

children who are now staying in these seats at higher weights than 

NHTSA regulations anticipated, require side impact tests for child 

safety seats, and modernize the testing procedures for frontal impact tests for these seats. It would further direct NHTSA to consider updating its rules for the anchor system that holds child 

seats in place, issue rules requiring a seat belt reminder system in 

the rear seat, and conduct research into possible technological solutions for alerting caregivers that a child has been left behind in a 

vehicle. 

Title VI directs NHTSA to issue a rule establishing minimum 

standards for the daytime and nighttime visibility of agricultural 

equipment operated on public roads. 

LEGISLATIVE HISTORY

On July 27, 2011, the Committee held a hearing to consider draft 

legislation to reauthorize NHTSA. On July 29, 2011, Senator Pryor 

introduced S. 1449, the Motor Vehicle and Highway Safety Improvement Act of 2011, which was referred to the Committee for 

consideration. The bill is co-sponsored by Chairman Rockefeller 

and Senators Klobuchar, Udall, Schumer, and Gillibrand. 

On December 14, 2011, in an open Executive Session, the Committee considered the bill, which was modified by a substitute 

amendment. The Committee incorporated numerous amendments 

into a managers’ package and reported S. 1449 favorably by voice 

vote. 

With modifications, the provisions of S. 1449 were enacted into 

law as title I of division C of the Moving Ahead for Progress in the 


tjames on DSK6SPTVN1PROD with 
7 

21st Century Act (MAP-21, 126 Stat. 732), which was signed into 

law on July 6, 2012. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1449—Motor Vehicle and Highway Safety Improvement Act of 

2011 

Summary: S. 1449 would extend the authority for highway safety 

programs administered by the National Highway Traffic Safety Administration (NHTSA) and amend various laws that govern those 

programs. The bill would set the amount of contract authority (the 

authority to incur obligations in advance of appropriations) for 

NHTSA programs at $747 million for 2012 and at $756 million for 

2013. 

Consistent with the rules in the Balanced Budget and Emergency Deficit Control Act for constructing the baseline, CBO assumes that funding provided by the bill for 2013, the last year of 

the authorization, would continue at the same rate in each of the 

following years. Hence, CBO estimates that enacting the bill would 

result in baseline contract authority totaling $8.4 billion over the 

2012–2022 period. That funding level represents an increase of 

about $1 billion above the amounts of contract authority for highway safety programs currently projected in CBO’s baseline for the 

2012–2022 period. 

CBO expects that most spending for the highway safety programs will continue to be controlled by limits on annual obligations 

set in appropriation acts. Consequently, the changes in contract authority would not increase outlays from mandatory spending. As a 

result, CBO estimates that enacting S. 1449 would not affect outlays from direct spending. 

Enacting S. 1449 could result in the collection of additional civil 

penalties because it would increase the amount that NHTSA could 

impose for violations of certain safety regulations. Penalties are recorded as revenues and deposited in the U.S. Treasury. As a result, 

pay-as-you go procedures apply. However, CBO estimates that such 

collections would probably be small, and the effect on revenues 

would be insignificant. 

The bill would not authorize a limit on obligations for the contract authority provided in the bill. However, for this estimate of 

discretionary outlays, CBO assumes that the limitation for such 

programs will equal the amount of contract authority provided. The 

obligation limitation for 2012, which was enacted in the Consolidated and Further Continuing Appropriations Act, 2012 (Public 

Law 112–55), was about $87 million less than the amounts estimated to be authorized by S. 1449 for that year. Assuming enactment of the estimated obligation limitations for 2012 and 2013, 

CBO estimates that implementing the bill would cost $843 million 

over the 2012–2017 period. 

S. 1449 contains intergovernmental mandates as defined in the 

Unfunded Mandates Reform Act (UMRA) because it would preempt 

state laws relating to the safety standards for motor vehicles estabVerDate Mar 15 2010 05:26 Dec 24, 2012 Jkt 029010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6601 E:\HR\OC\SR261.XXX SR261

tjames on DSK6SPTVN1PROD with 
8 

lished by the bill. While those preemptions would limit the application of state law, CBO estimates that they would impose no duty 

on state, local, or tribal governments that would result in additional spending. 

S. 1449 would impose private-sector mandates by requiring manufacturers of child safety seats, agricultural equipment, motor vehicles and vehicle parts to comply with new safety standards. It also 

would impose new requirements on importers of motor vehicles and 

vehicle parts, as well as car dealerships. The cost of several of the 

mandates related to motor vehicle safety would depend on future 

regulations. However, because the requirements would apply to a 

large number of vehicles intended for sale in the United States 

each year, CBO estimates that the total cost of the mandates would 

probably exceed the annual threshold established in UMRA for private-sector mandates ($146 million in 2012, adjusted annually for 

inflation) in at least one of the first five years the mandates are 

in effect. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1449 is shown in the following table. The costs 

of this legislation fall within budget function 400 (transportation). 

Basis of estimate: 

Direct spending 

S. 1449 would provide $747 million in 2012 and $756 million in 

2013 for programs administered by NHTSA, including grants for 

highway safety programs, operations, and research. The bill would 

amend the available uses of that contract authority to include 

grants to states for distracted driving as well as for implementing 

programs to detect driver alcohol levels and to establish driver’s licenses for teens that phase in full driving privileges. 

By fiscal year, in millions of dollars 

2012 2013 2014 2015 2016 2017 2012– 

2017 

CHANGES IN DIRECT SPENDING 

Budget Authority for NHTSA a ...................................... 84 93 93 93 93 93 456 

Estimated Outlays ....................................................... 0 0 0 0 0 0 0 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Obligation Limitation for NHTSA b ............. 87 756 0 0 0 0 843 

Estimated Outlays ....................................................... 10 356 293 101 83 0 843 

Notes: NHTSA = National Highway Traffic Safety Administration. 

a S. 1449 would provide about $8.4 billion in budget authority in the form of contract authority over the 2012-2022 period—about $1 bil- lion more than CBO’s baseline. b Estimated discretionary outlays reflect use of funds under the 2012 and 2013 obligation limitations estimated by CBO. (Outlays stemming 

from additional contract authority shown in the table would be authorized in future legislation that covers the period after 2013.) 

The current contract authority available through March 31, 2012, 

for programs administered by NHTSA is $317 million. Consistent 

with the rules in the Balanced Budget and Emergency Deficit Control Act for constructing its baseline, CBO assumes that funding 

provided for the first six months of 2012 will continue at the same 

rate through the rest of this year (for a total level of $663 million) 

and in each subsequent year. Because of those baseline construction rules, CBO estimates that enacting the bill would add a total 

of $456 million of contract authority over the next five years to the 

baseline—$84 million ($747 million less $663 million) in 2012 and 

$93 million ($756 million less $663 million) annually over the 

2013–2017 period. That funding level represents an increase of 


tjames on DSK6SPTVN1PROD with 
9 

about $1 billion above the total amounts of contract authority for 

NHTSA programs currently projected in CBO’s baseline over the 

next 10 years. 

Spending subject to appropriation 

CBO expects that the contract authority provided in the bill 

would be controlled by limitations on obligations set in annual appropriation acts. While this bill would not authorize an obligation 

limitation level, CBO’s estimate of discretionary spending under 

this legislation reflects obligation limitations that are estimated to 

equal the contract authority provided in the bill. (Historically, the 

Congress has set obligation limitations at or near such levels.) For 

this estimate, CBO did not project this discretionary authority past 

fiscal year 2013, the authorization period covered by the legislation. Because the 2012 obligation limitation has already been enacted, CBO’s estimate of the costs of this bill for 2012 includes the 

difference between that limit ($660 million) and the amount of contract authority provided in S. 1449 ($747 million). We estimate that 

the obligation limitation for 2013 would be $756 million. As a result, CBO estimates that the increases in discretionary spending, 

assuming enactment of such obligation limitations for 2012 and 

2013, would be $843 million over the 2012–2017 period. 

Revenues 

Enacting S. 1449 could result in the collection of additional civil 

penalties because it would increase the amount of such penalties 

that NHTSA could impose for violations of certain safety regulations. Penalties are recorded as revenues and deposited in the U.S. 

Treasury. However, CBO estimates that such collections would 

likely be small, and the effect on revenues would be insignificant. 

Pay-As-You-Go procedures: Enacting S. 1449 could result in the 

collection of additional civil penalties because it would increase the 

amount that NHTSA could impose for violations of certain safety 

regulations. Penalties are recorded as revenues and deposited in 

the U.S. Treasury. As a result, pay-as-you go procedures apply. 

However, CBO estimates that such collections would likely be 

small, and the effect on revenues would be insignificant. 

Estimated impact on state, local, and tribal governments: S. 1449 

contains intergovernmental mandates as defined in UMRA because 

it would preempt state laws relating to the safety standards for 

motor vehicles required by the bill. While those preemptions would 

limit the application of state law, CBO estimates that they would 

impose no duty on state, local, or tribal governments that would result in additional spending 

Estimated impact on the private sector: S. 1449 contains several 

private-sector mandates, as defined in UMRA. It would require 

manufacturers of child safety seats, agricultural equipment, motor 

vehicles, and vehicle parts to comply with new safety standards. 

These standards relate to new crash protection measures, new 

technologies to enhance visibility and safety, as well as new administrative responsibilities. The bill also would impose new requirements on importers of motor vehicles and vehicle parts, as well as 

car dealerships. 

The cost of some of the mandates related to motor vehicle safety 

would depend on future regulations. However, because the requireVerDate Mar 15 2010 05:26 Dec 24, 2012 Jkt 029010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6601 E:\HR\OC\SR261.XXX SR261

tjames on DSK6SPTVN1PROD with 
10 

ments would apply to a large number of vehicles intended for sale 

in the United States each year, CB0 estimates that the total cost 

of the mandates would probably exceed the annual threshold established in UMRA for private-sector mandates ($146 million in 2012, 

adjusted annually for inflation) in at least one of the first five years 

the mandates are in effect. 

Estimate prepared by: Federal Costs: Sarah Puro; Impact on 

State, Local, and Tribal Governments: Ryan Miller; Impact on the 

Private Sector: Vi Nguyen. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The legislation would apply to: (1) motor vehicle manufacturers 

or motor vehicle equipment manufacturers that sell vehicles and 

equipment in the United States; (2) dealers and distributors of 

motor vehicles or motor vehicle equipment within the United 

States; (3) motor vehicle mechanics; and (4) persons, including corporations with vehicle fleets, who operate motor vehicles. 

ECONOMIC IMPACT

The legislation would affect the Nation’s economy to the extent 

that it requires, for specific kinds of information, persons covered 

under the Act to collect, retain, and report safety-related information regarding motor vehicles or motor vehicle equipment. Additional safety-related information may be required by the Secretary 

as a result of his or her authorized rulemaking authority, the economic impact of which cannot be defined until the rulemaking concludes. The legislation also may require automakers to install some 

new safety features on passenger motor vehicles. 

PRIVACY

The impact on the personal privacy of the persons covered by 

this legislation is difficult to define prior to the completion of the 

Secretary’s rulemaking proceedings authorized under the Act. 

PAPERWORK

The outcome of the rulemaking proceedings will also determine 

whether paperwork requirements will be necessary. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 


tjames on DSK6SPTVN1PROD with 
11 

SECTION-BY-SECTION ANALYSIS

Section 1. Short Title; Table of Contents. 

Section 1 would establish the short title as the ‘‘Motor Vehicle 

and Highway Safety Act of 2012’’ or ‘‘Mariah’s Act.’’ The legislation 

is named after Mariah West of Rogers, Arkansas. A day before her 

high school graduation in 2009, Mariah was texting while driving 

when she lost control of her car, clipped a bridge, and flipped back 

into oncoming traffic. She passed away five days later from her injuries. Her mother is an advocate against distracted driving. 

Section 2. Definition. 

Section 2 would define ‘‘Secretary’’ as the Secretary of Transportation. 

TITLE I - HIGHWAY SAFETY

Section 101. Authorization of Appropriations. 

This section would authorize appropriations for each of NHTSA’s 

programs funded through the HTF. This section would establish 

HTF expenditures for these programs at current funding levels - 

with a slight increase for inflation - but would eliminate some programs under SAFETEA-LU and redirect the funds to other existing 

programs or to newly established programs. 

The section would require NHTSA to establish one grant application process for all grants under the title, provide some flexibility 

to States in meeting State spending requirements, give NHTSA the 

flexibility to transfer unused funds among grant programs, and 

allow NHTSA to use a portion of the distracted driving grant program for the development and placement of broadcast media. 

Section 102. Highway Safety Programs. 

This section would modify the existing formula grant program 

that funds the majority of each State’s highway safety programs, 

known as the 402 program. The section would update the existing 

requirements for State highway safety programs to eliminate outdated obligations. The section also would establish new statutory 

requirements for States to submit highway safety plans for review 

and approval by the Secretary. This section would provide that up 

to $2.5 million shall be available to NHTSA to conduct cooperative 

research with States in order to examine priority highway safety 

countermeasures. The section would further allow States to use 

funds allocated to this program for the implementation of a statewide teen traffic safety program. 

Section 103. Highway Safety Research and Development. 

This section would modify the existing highway safety research 

program at NHTSA. The section would allow for additional collaborative research and development with non-Federal entities and 

would allow the Secretary to establish an international highway 

safety information and cooperation program, as well as a clearinghouse for information about best practices for driver’s licensing concerning drivers with medical issues. It would further allocate funds 

from the 402 program to provide training for Federal, State, and 

local highway safety personnel. 


tjames on DSK6SPTVN1PROD with 
12 

As originally introduced, the bill would have established in statute that NHTSA is a ‘‘public health authority’’ for purposes of collecting and analyzing medical data for transportation research purposes. This provision was not included in the bill as approved by 

the Committee because the Committee believes that statute and 

regulation have adequately established NHTSA as a ‘‘public health 

authority’’ entitled to collect such information, and this statutory 

language is not necessary. 

Section 104. National Driver Register. 

The National Driver Register enables States to share information 

with each other about drivers with suspended or revoked licenses. 

This section would direct the Secretary to make continual improvements to modernize the data systems in the Register. 

Section 105. Combined Occupant Protection Grants. 

This section would combine three existing occupant protection 

grants for States into a single grant for States that adopt and implement effective occupant protection programs to reduce highway 

deaths and injuries resulting from unrestrained or improperly restrained individuals in motor vehicles. Under this provision, States 

with observed seat belt use rates of 90 percent or higher would be 

eligible for a grant if they meet 4 criteria: (i) submitting an occupant protection plan; (ii) participating in the ‘‘Click It or Ticket’’ 

program; (iii) having a network of child restraint inspection stations; and (iv) having a plan to maintain a sufficient number of 

child passenger safety technicians. States with seat belt use rates 

below 90 percent would be eligible if they meet those same 4 criteria and at least 3 of 6 additional criteria to the satisfaction of the 

Secretary. States could use grant funds provided under this section 

for any one of seven activities to improve proper use of restraints 

by both children and adults. 

Section 106. State Traffic Safety Information System Improvements. 

SAFETEA-LU established grants for States to improve data systems and allow various State and local agencies to manage these 

data systems and share information with one another. These data 

systems enable States and localities to collect and analyze traffic 

safety information and to track progress in meeting safety goals. 

This section would make slight modifications to update the existing 

grant program. 

Section 107. Impaired Driving Countermeasures. 

This section would modify the existing grant program under section 410 of title 23 of the United States Code for States that adopt 

and implement effective programs to reduce impaired driving. The 

section would amend the program to focus on State performance 

and to reward those States that have lower impaired driving fatality rates. Under this provision, States with the lowest impaired 

driving fatality rates would automatically qualify for grants and 

have flexibility in spending those funds. States with the highest 

impaired fatality rates would qualify for grants only if the States 

met a set of criteria designed to increase their efforts to lower those 

rates. Those States would also be restricted in how they could 

spend the grant funds. States with mid-range impaired fatality 


tjames on DSK6SPTVN1PROD with 
13 

rates would have moderate restrictions on the use of grant funds 

to promote the most effective methods of lowering those rates. This 

section would also direct the Secretary to make a separate grant 

to States that enact and enforce mandatory ignition-interlock laws 

for all individuals convicted of driving under the influence of alcohol. 

Section 108. Distracted Driving Grants. 

This section would establish a new grant program for States that 

enact and enforce laws limiting distracted driving. States would 

qualify for grants under this section if they enact and enforce laws 

that (1) prohibit teen drivers from using any personal wireless communications devices while driving, and (2) prohibit all drivers from 

texting while driving. The section also sets forth exceptions that 

would be permitted under these State distracted driving laws. 

The section also directs the agency to submit a report to Congress within one year examining the effect of distractions other 

than the use of personal wireless communications on motor vehicle 

safety. 

Section 109. High Visibility Enforcement Program. 

This section would update an existing grant to States for high 

visibility enforcement programs and clarify that this particular 

grant fund is to be spent solely on advertising and outreach related 

to such enforcement programs. 

Section 110. Motorcyclist Safety. 

SAFETEA-LU created a grant program for States intended to improve motorcyclist safety through a focus on rider training and motorcycle awareness among motorists. This section would update 

and extend the existing program. 

Section 111. Driver Alcohol Detection System for Safety Research. 

Over the last several years, NHTSA has partnered with motor 

vehicle manufacturers to develop alcohol detection technologies 

that could be installed in vehicles to prevent a vehicle from starting if the driver is legally drunk. These systems would be designed 

to operate quickly so that the driver is not delayed in starting the 

vehicle and set at a level that would not prevent a driver from operating a vehicle if that driver’s blood alcohol content is below the 

legal limit. While this research is showing great promise, a lack of 

dedicated funding could prevent progress. This section would establish a funding source for research to explore the feasibility and potential benefits of, as well as the public policy challenges associated 

with, more widespread deployment of this technology. 

Section 112. State Graduated Driver Licensing Laws. 

This section would create a new grant program designed to encourage States to enact and enforce graduated driver licensing laws 

that limit dangerous behaviors by novice drivers. States would 

qualify for grants if they enacted a two-stage licensing process that 

begins with a learner’s permit stage and is followed by an intermediate stage that can begin no earlier than six months after the 

start of the learner’s permit stage and no earlier than age 16, continuing until at least age 18. During the intermediate stage, drivVerDate Mar 15 2010 05:26 Dec 24, 2012 Jkt 029010 PO 00000 Frm 00015 Fmt 6659 Sfmt 6601 E:\HR\OC\SR261.XXX SR261

tjames on DSK6SPTVN1PROD with 
14 

ers would be prohibited from using communication devices in nonemergency situations, could not drive with more than one other 

teen unless an adult is also in the car, and would face restrictions 

on nighttime driving. States could use funds from these grants to 

enforce the license requirements, train law enforcement, conduct 

other related activities, and carry out a teen traffic safety program. 

Section 113. Agency Accountability. 

NHTSA is currently required to conduct triennial management 

reviews of State highway safety programs. This section would clarify that such reviews are not required on a triennial basis in the 

smallest territories and would provide details regarding the required elements of these reviews. 

Section 114. Emergency Medical Services. 

The Secretary established the National Emergency Services Advisory Council (NEMSAC) in 2007 to provide advice and recommendations regarding emergency medical services to NHTSA. 

This section would formally create NEMSAC in statute. 

TITLE II - ENHANCED SAFETY AUTHORITIES

Section 201. Definition of Motor Vehicle Equipment. 

This section would amend the definition of motor vehicle equipment under section 30102 of title 49 of the United States Code. It 

would add language to ensure that devices, articles, and apparel, 

notably motorcycle helmets, may be regulated as motor vehicle 

equipment, even when they are not directly marketed or sold as 

motor vehicle equipment. 

Section 202. Permit Reminder System for Non-Use of Safety Belts. 

Existing law prohibits NHTSA from allowing or requiring a manufacturer to comply with a motor vehicle safety standard by using 

a safety belt interlock - a device designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt - 

and prohibits NHTSA from requiring a buzzer to alert a driver that 

a safety belt is not in use, unless that buzzer operates for eight seconds or less. This section would amend the statute to eliminate the 

eight-second restriction on buzzers and enable NHTSA to allow 

manufacturers to use safety belt interlocks for compliance purposes. Under this revision, NHTSA could allow manufacturers to 

crash test vehicles with a belted dummy if a safety belt interlock 

device were engaged. 

Section 203. Civil Penalties. 

NHTSA’s authority to seek civil fines for violations of its statutes 

is capped at a figure that is currently less than $20 million, as adjusted by inflation. Subsection (a) would make a technical correction to the civil penalties provision and raise the overall cap on 

civil penalties from the current figure, now $17.4 million, to $250 

million for manufacturers that intentionally fail to report vehicle 

safety defects to NHTSA or intentionally provide misleading information to NHTSA. 

Before issuing a fine, the Secretary would be required to consider 

several relevant factors in setting the level of the fine, including 


tjames on DSK6SPTVN1PROD with 
15 

the nature of the violation; the severity of the risk of injury; the 

actions taken by the person charged to identify, investigate, or 

mitigate the violation; the nature of the defect or noncompliance; 

and the size of the company. Subsection (b) would require the Secretary to issue a final regulation, within one year of enactment, 

providing the Secretary’s interpretation of the penalty factors set 

forth in subsection (a). Subsection (c) would make clear that civil 

penalties may be imposed under statute before the issuance of the 

final rule described in subsection (b). 

Section 204. Motor Vehicle Safety Research Development. 

This section would create a new subchapter in title 49 for 

NHTSA’s vehicle safety research program: Subchapter V - Motor 

Vehicle Safety Research and Development. Subsection (a) would 

update NHTSA’s existing vehicle safety research and development 

authority and add language to ensure that some information, patents, and developments related to research and development activities are to be made available to the public without charge. Subsection (b) adds a conforming amendment to delete the statutory 

provision made redundant by this new section. 

As originally introduced, the bill would have established in statute that NHTSA is a ‘‘public health authority’’ for purposes of collecting and analyzing medical data for transportation research purposes. This provision was not included in the bill as approved by 

the Committee because the Committee believes that statute and 

regulation have adequately established NHTSA as a ‘‘public health 

authority’’ entitled to collect such information, and this statutory 

language is not necessary. 

Section 205. Odometer Requirements Definition. 

This section would amend the definition of an odometer in section 32702(5) of title 49 of the United States Code to account for 

newer, electronic odometer systems and their related components 

in motor vehicles. 

Section 206. Electronic Disclosures of Odometer Information. 

This section would amend section 32705 of chapter 327 of title 

49 of the United States Code to add a new subsection (g) (‘‘Electronic disclosures’’) to allow the Secretary to permit, by rule, the 

electronic completion of all aspects of odometer disclosure. 

Section 207. Increased Penalties and Damages for Odometer Fraud. 

This section would increase the limit on civil penalties for individual violations and a series of violations of chapter 327 of title 

49 of the United States Code relating to odometers. The section 

would also increase the limit on damages to victims of odometer 

fraud under chapter 327 of title 49 of the United States Code from 

the greater of three times actual damages or $1,500, plus attorney’s 

fees, to the greater of three times actual damages or $10,000, plus 

attorney’s fees. 

Section 208. Extend Prohibitions on Importing Noncompliant Vehicles and Equipment to Defective Vehicles and Equipment 

This section would amend section 30112 of title 49 of the United 

States Code to prohibit the sale, offer for sale, introduction into 


tjames on DSK6SPTVN1PROD with 
16 

interstate commerce, or import into the United States of motor vehicles or motor vehicle equipment that contain a safety-related defect. The section would provide an exception for the importation of 

defective motor vehicles for which a recall remedy is available and 

can be performed prior to retail sale. Finally, this section would 

provide that the prohibitions under section 30112, as amended, do 

not apply to a person who had no reason to know, despite exercising reasonable care, that a motor vehicle or motor vehicle equipment contains a safety-related defect for which notice was given 

under section 30118(c) of such title or an order was issued under 

section 30118(b) of such title. 

Section 209. Financial Responsibility Requirements for Importers. 

This section would amend provisions under chapter 301 to enable 

the Secretary to require, by rule, that each person who imports 

motor vehicles or motor vehicle equipment into the country provide 

and maintain evidence of sufficient financial responsibility to meet 

the requirements of NHTSA’s statute, including the ability to comply with all obligations stemming from a safety recall of the products imported by the importer. In determining evidence of sufficient financial responsibility, the agency should seek to minimize 

costs and burdens on manufacturers. For instance, the agency 

should first examine available public financial data and filings, 

nonpublic financial data proffered by the manufacturer, existing insurance policies, bonds, contracts with private entitites, and certificates of assurance prior to requiring manufacturers to maintain additional financial safeguards. The section includes language to exempt original equipment manufacturers and their wholly owned 

subsidiaries from these requirements. These manufacturers already 

provide ample evidence of sufficient financial responsibility to the 

agency. 

Section 210. Conditions on Importation of Vehicles and Equipment. 

This section would authorize NHTSA to establish, by rule, reporting requirements for manufacturers offering motor vehicles or 

motor vehicle equipment for import. The reporting requirements 

would include the name of the product, the name and address of 

the manufacturer, and each retailer or distributor to which the 

manufacturer supplies the motor vehicle or motor vehicle equipment. The section would authorize NHTSA to issue regulations 

conditioning import of motor vehicles or motor vehicle equipment 

on compliance with the reporting requirements of this section or 

other requirements in statute. The section includes language to exempt original equipment manufacturers and their wholly owned 

subsidiaries from these requirements. These manufacturers already 

provide identifying information to the agency. 

Section 211. Port Inspections; Sample for Examination or Testing. 

This section would expand NHTSA’s authority related to management of imported vehicles and equipment at ports of entry. The 

section would clarify that NHTSA has authority to inspect and impound goods at ports of entry. It would further clarify that NHTSA 

can request that the Department of Homeland Security obtain samples of motor vehicle equipment to determine compliance with statutory or regulatory requirements and instruct the Department of 


tjames on DSK6SPTVN1PROD with 
17 

Homeland Security to refuse admission of such equipment into the 

United States if the equipment does not comply with these requirements. 

TITLE III - TRANSPARENCY AND ACCOUNTABILITY

Section 301. Improved NHTSA Vehicle Safety Database. 

The section would require NHTSA to update and improve its 

website and its publicly available data to improve public access to 

and understanding of existing safety data. The section would also 

direct the Secretary to require motor vehicle safety recall information be publicly available and searchable in a manner that enables 

the public to know if a particular vehicle is under recall and whether the recall has been completed. The provision would allow the 

Secretary to require automakers to publish this recall information 

on their own websites. 

Section 302. NHTSA Hotline for Manufacturer, Dealer, and Mechanic Personnel. 

This section would require NHTSA to establish a ‘‘hotline’’ just 

for mechanics and other auto industry workers to confidentially report potential vehicle defects. 

Section 303. Consumer Notice of Software Updates and Other Communications with Dealers. 

This section would require consumer access to information about 

software updates and modifications developed for their vehicles, 

many of which are performed during routine maintenance at dealerships without knowledge of the vehicle owner. The section would 

direct manufacturers to make this information available on publicly accessible websites. 

Section 304. Public Availability of Early Warning Data. 

Under the Transportation Recall Enhancement, Accountability, 

and Documentation (TREAD) Act (114 Stat. 1800), automakers are 

required to submit to NHTSA ‘‘early warning reporting’’ data on a 

quarterly basis. This section would amend provisions relating to 

public disclosure of early warning reporting. It would reverse the 

presumption of disclosure in the TREAD Act to state that information should be publicly disclosed unless it is exempt from disclosure 

under the Freedom of Information Act and that the Secretary 

should presume in favor of maximum public availability of information. 

Section 305. Corporate responsibility for NHTSA reports. 

Subsection (a) would direct the Secretary to require, for each 

company submitting information to NHTSA in response to a request for information in a safety defect or compliance investigation, 

that a senior official responsible for safety certify that the signing 

officer has reviewed the submission and that, based on the officer’s 

knowledge, the submission does not contain an untrue statement 

of a material fact or omit a material fact. 

Subsection (b) would establish that a person who knowingly and 

willfully submits materially false, misleading, or incomplete information to the Secretary, after certifying the same pursuant to subVerDate Mar 15 2010 05:26 Dec 24, 2012 Jkt 029010 PO 00000 Frm 00019 Fmt 6659 Sfmt 6601 E:\HR\OC\SR261.XXX SR261

tjames on DSK6SPTVN1PROD with 
18 

section (a), would be subject to a civil penalty of not more than 

$5,000 per day with a maximum penalty for a related series of violations of $5,000,000. 

Section 306. Passenger Motor Vehicle Information Program. 

The section would expand the mission and purpose of the New 

Car Assessment Program, the government’s star-rating program for 

vehicle safety, to include crash avoidance as well as crashworthiness. 

Section 307. Promotion of Vehicle Defect Reporting. 

In order to improve public knowledge about NHTSA’s database 

of consumer complaints, this section would require the placement 

of a sticker or other notification in the glove box or another location 

accessible to the consumer with plain language about how to contact NHTSA to report a potential vehicle safety defect. 

Section 308. Whistleblower Protections For Motor Vehicle Manufacturers, Part Suppliers, and Dealership Employees. 

Section 308 would amend subchapter IV of chapter 301 of title 

49 of the United States Code to establish protections for auto industry executives, production workers, dealership employees, and 

mechanics who are subjected to retaliation for providing information related to a motor vehicle defect or violation of law. The whistleblower protections set forth in this section are consistent with 

the protections currently provided to airline employees. 

Specifically, the section would provide that no motor vehicle 

manufacturer, part supplier, or dealership may discharge or otherwise discriminate against an employee because the employee: provided or is about to provide to the employer or the Secretary information relating to a motor vehicle defect or a violation of chapter 

301 of title 49; has filed or is about to file a proceeding related to 

a violation of a motor vehicle safety defect or violation of the chapter; testified, assisted, or is about to testify or assist in such a proceeding; or objected to, or refused to participate in, any activity 

that the employee reasonably believed to be in violation of any provision of any Act enforced by the Secretary. Under the section, a 

person who believes that he or she has been discharged or discriminated against in violation of the above would be able to file a complaint with the Secretary of Labor within 180 days after the date 

of the violation. The complaint would be required to make a prima 

facie showing. 

Within 60 days after receipt of the complaint and after affording 

an opportunity for response from the person named in the complaint, the Secretary of Labor would be required to conduct an investigation. If the Secretary of Labor concludes that there is reasonable cause to believe a violation has occurred, the Secretary of 

Labor would issue a preliminary order with findings. The person 

named in the complaint would be able to object to the order and 

findings and seek a hearing. If a hearing is not requested within 

30 days, the preliminary order would be deemed final. 

The section further provides that, after a hearing, the Secretary 

of Labor would be required to issue a final order within 120 days. 

Upon a finding of a violation, the Secretary of Labor could issue a 

final order that requires the person who committed the violation to 


tjames on DSK6SPTVN1PROD with 
19 

take affirmative action to abate the violation, reinstate the complainant, and provide compensatory damages. If a complaint is determined to be frivolous, the Secretary of Labor would be able to 

award the prevailing employer a reasonable attorney’s fee not to 

exceed $1,000. If the Secretary of Labor has not issued a final order 

within 210 days of filing a complaint, the complainant would be allowed to bring an action in U.S. District Court. Final orders would 

be appealable to the U.S. Circuit Court of Appeals. If an employer 

does not comply with a final order, the Secretary of Labor would 

be able to file a civil action in the U.S. District Court to enforce 

that order. 

Section 309. Anti-Revolving Door. 

Subsection (a) would prohibit a covered NHTSA employee, during 

the two-year period after leaving NHTSA, from communicating 

with or appearing before the agency on behalf of any manufacturer 

subject to regulation under chapter 301 of title 49 of the United 

States Code in connection with any matter involving motor vehicle 

safety. A covered NHTSA employee would be defined as an individual who, during his or her last 12 months of employment at 

NHTSA, serves or served in a technical or legal capacity; has job 

responsibilities that include or included vehicle safety defect investigation, vehicle safety compliance, vehicle safety rulemaking, or 

vehicle safety research; or serves in a supervisory or management 

capacity over such officers or employees. This subsection would also 

make it unlawful for manufacturers to employ or contract for the 

services of these NHTSA employees. The subsection also would include a special rule for detailees, an exception for testimony under 

oath, and a savings provision indicating that these prohibitions do 

not affect the application of section 207 of title 18 of the United 

States Code. 

Subsection (b) would establish civil penalties for violations of 

these provisions. Subsections (c) and (d) would direct the Department of Transportation Inspector General to review, study, and 

issue reports to Congress on the Department’s applicable policies 

and procedures on official communications with former employees 

and post-employment restrictions. 

Sec. 310. Study of Crash Data Collection. 

This section would require the Secretary to issue a report on the 

quality of data collected through the NASS, including the types of 

conclusions NHTSA can reach based on the amount of data collected in a given year, the number of investigations per year that 

would allow for optimal data analysis, and the resources that 

would be needed to implement these recommendations. 

Section 311. Update Means of Providing Notification; Improving Efficacy of Recalls. 

This section would enable NHTSA, through a rulemaking process, to modify the means by which manufacturers must contact vehicle owners and owners of motor vehicle equipment in the event 

of a recall. The section would also give NHTSA authority to order 

manufacturers to send additional notifications or take other steps 

to locate and notify owners if the first two recall notifications do 

not result in an adequate number of remedies. 


tjames on DSK6SPTVN1PROD with 
20 

Section 312. Expanding Choices of Remedy Available to Manufacturers of Replacement Equipment. 

Under current law, a motor vehicle manufacturer conducting a 

safety recall may offer consumers repair, replacement, or refund of 

the purchase price. Manufacturers of replacement equipment may 

only offer repair or replacement. This section would enable a manufacturer of replacement equipment to offer a refund instead of repair or replacement. 

Section 313. Recall Obligations and Bankruptcy of Manufacturer. 

This section would establish that a manufacturer’s duty to comply with recall obligations under NHTSA’s statutes is not negated 

by a filing of a petition in bankruptcy under chapter 11 of title II 

of the United States Code. The section would establish that the 

manufacturer’s obligations under NHTSA’s recall statutes should 

be treated as a claim of the U.S. Government and given priority 

pursuant to Federal law. 

Section 314. Repeal of Insurance Reports and Information Provision. 

This section would eliminate an outdated reporting requirement. 

Section 315. Monroney Sticker to Permit Additional Safety Rating 

Categories. 

This section would authorize NHTSA to include additional safety 

rating information on the label affixed to new motor vehicles at the 

time of sale. 

TITLE IV - VEHICLE ELECTRONICS AND SAFETY STANDARDS

Section 401. NHTSA Electronics, Software and Engineering Expertise. 

This section would establish within NHTSA a Council for Vehicle 

Electronics, Vehicle Software and Emerging Technologies (Council) 

to enhance the agency’s expertise in vehicle electronics. The Council would also be charged with investigating the safety of lightweight plastics used in motor vehicles and assessing implications 

of emerging safety technologies in consultation with affected stakeholders. The section would establish an ‘‘Honors Recruitment Program’’ to train engineering students for a career in vehicle safety. 

Section 402. Vehicle Stopping Distance and Brake Override Standard. 

This section would require the Secretary to initiate a rulemaking 

to prescribe a motor vehicle safety standard by which every new 

passenger motor vehicle would be required to be able to stop within 

a certain distance even if the engine is receiving accelerator input 

signals. In issuing the rule, the Secretary would be permitted to 

allow vehicles to temporarily suspend the function for times when 

both brake and accelerator need to be applied together, such as on 

a steep hill or for maneuvering a trailer. The rule would require 

the installation of redundant circuits or mechanisms for the accelerator control system in the event that the primary circuit or mechanism fails. The section would require the Secretary to issue the 

final rule within one year after enactment. While many manufacVerDate Mar 15 2010 05:26 Dec 24, 2012 Jkt 029010 PO 00000 Frm 00022 Fmt 6659 Sfmt 6601 E:\HR\OC\SR261.XXX SR261

tjames on DSK6SPTVN1PROD with 
21 

turers are incorporating ‘‘brake override’’ technology that instructs 

engine computers to allow the brake to override the accelerator 

pedal, this mandate is technology neutral. If a better technology or 

mechanism emerges for stopping vehicles while the vehicle receives 

accelerator inputs, manufacturers would be free to adopt it. 

Section 403. Pedal Placement Standard. 

This section would require the Secretary to consider issuing a 

rule for passenger motor vehicles to require minimum distances between floor pedals, minimum distances between foot pedals and the 

vehicle floor, and minimum distances to account for any other potential obstructions to pedal movement. The Secretary would be required to issue the rule within three years after enactment or, if 

the Secretary determines that a standard is not warranted, transmit to Congress a report stating the reasons for not issuing a rule. 

Section 404. Electronic Systems Performance Standard. 

This section would require NHTSA to consider issuing a rule requiring passenger motor vehicles to meet minimum performance 

standards for electronic systems, taking into account electronic 

components, the interaction of electronic components, and the effect 

of surrounding environments on the entire vehicle electronic system. The Secretary would be required to issue the rule within four 

years after enactment or, if the Secretary determines that a standard is not warranted, transmit to Congress a report stating the reasons for not issuing a rule. 

Section 405. Pushbutton Ignition Systems Standard. 

This section would require the Secretary to consider issuing a 

rule for passenger motor vehicles that establishes a uniform protocol by which a driver, who may be unfamiliar with the vehicle, 

uses a push-button ignition system during an emergency situation. 

The Secretary would be required to issue the rule within two years 

after enactment or, if the Secretary determines that a standard is 

not warranted, transmit to Congress a report stating the reasons 

for not issuing a rule. 

Section 406. Vehicle Event Data Recorders. 

This section would revise requirements related to event data recorders (EDRs) in vehicles. Subsection (a) would require the Secretary to mandate the installation of EDRs in all new vehicles. 

Subsection (b) would establish limitations on information retrieval 

from EDRs. It would make clear that the data held by EDRs is 

owned by the owner or lessee of the vehicle and would establish 

that the data may only be retrieved by someone other than the 

owner or lessee under certain circumstances. Subsection (c) would 

direct the Secretary to conduct a study and report to Congress after 

the first rulemaking to analyze the privacy and safety impacts of 

mandatory event data recorders. Subsection (d) would call on the 

Secretary to initiate a rulemaking to require more robust requirements for event data recorders. Under subsection (g), a final rule 

would be required within four years of enactment of the Act. Subsection (e) would establish a requirement that owners’ manuals or 

similar documentation disclose the existence of EDRs in vehicles. 


tjames on DSK6SPTVN1PROD with 
22 

Subsection (f) would provide for access to EDR data in NHTSA investigations. 

Section 407. Prohibition on Electronic Visual Entertainment in 

Driver’s View. 

This section would require the Secretary to issue regulations, 

within two years after the date of enactment, that prohibit electronic screens in cars from displaying visual entertainment in view 

of the driver while driving. The section would require that the regulation accommodate electronic screens that display information or 

images regarding vehicle operation, vehicle surroundings, communications systems, and navigation systems. 

TITLE V - CHILD SAFETY STANDARDS

Section 501. Child Safety Seats. 

This section would require the Secretary to conduct three rulemaking proceedings to strengthen safety standards for child safety 

seats. Subsection (a) would direct the Secretary to establish standards for child safety seats marketed to children weighing more 

than 65 pounds. Subsection (b) would require the Secretary to finalize a side impact crash test for child safety seats. NHTSA has 

found that one-third of children who die in crashes while properly 

secured in a child safety seat are killed in side impact crashes. 

Subsection (c) would require the Secretary to update the test parameters for child safety seats in a frontal impact. 

Section 502. Child Restraint Anchorage Systems. 

This section would direct the Secretary to reexamine the requirements for Lower Anchorages and Tethers for Children (LATCH), 

which attach a child safety seat to the rear car seat and have been 

required in all passenger vehicles since 2003. Subsection (a)(1) 

would direct the Secretary to consider improving the visibility, accessibility, and ease of use of the LATCH system in all rear seating 

positions where it is feasible for installation of such a system. Subsection (a)(2) would direct the Secretary to consider establishing a 

maximum weight limit for the LATCH system and to make that 

limit clear to consumers. The Secretary would be required to either 

issue a final rule within three years or report to Congress describing the reasons for not issuing a rule. 

Section 503. Rear Seat Belt Reminders. 

This section would direct the Secretary to consider requiring a 

safety belt use warning system for designated positions in the rear 

seat of passenger motor vehicles. The legislation would require the 

Secretary to promulgate a final rule within three years or report 

to Congress explaining why it did not issue such a rule. 

Section 504. Unattended Passenger Reminders. 

This section would direct the Secretary to conduct a safety research initiative into possible technological means for preventing 

deaths of children who are accidentally left behind in vehicles by 

caretakers. The section would require the Secretary to either commence a rulemaking within a year of completing the two-year reVerDate Mar 15 2010 05:26 Dec 24, 2012 Jkt 029010 PO 00000 Frm 00024 Fmt 6659 Sfmt 6601 E:\HR\OC\SR261.XXX SR261

tjames on DSK6SPTVN1PROD with 
23 

search initiative or report to Congress on its reasons for not commencing such a rulemaking. 

Section 505. New Deadline. 

This section would direct the Secretary to report to Congress if 

the Secretary is unable to meet any of the rulemaking deadlines in 

the legislation and to further explain the delay and set a new deadline. 

TITLE VI - IMPROVED DAYTIME AND NIGHTTIME VISIBILITY OF

AGRICULTURAL EQUIPMENT. 

Section 601. Rulemaking on Visibility of Agricultural Equipment. 

This section would require the Secretary - after consultation with 

representatives of the American Society of Agricultural and Biological Engineers, Federal agencies, and other appropriate persons - to 

issue a rule establishing minimum standards for the daytime and 

nighttime visibility of agricultural equipment that may be operated 

on a public road. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, 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 material is printed in italic, existing law in which no change is proposed is shown in roman): 

TITLE 23. HIGHWAYS 

CHAPTER 4. HIGHWAY SAFETY

§ 402. Highway safety programs 

ø(a) Each State shall have a highway safety program approved 

by the Secretary, designed to reduce traffic accidents and deaths, 

injuries, and property damage resulting therefrom. Such programs 

shall be in accordance with uniform guidelines promulgated by the 

Secretary. Such uniform guidelines shall be promulgated by the 

Secretary so as to improve driver performance (including, but not 

limited to, driver education, driver testing to determine proficiency 

to operate motor vehicles, driver examinations (both physical and 

mental) and driver licensing) and to improve pedestrian performance and bicycle safety. In addition, such uniform guidelines shall 

include programs (1) to reduce injuries and deaths resulting from 

motor vehicles being driven in excess of posted speed limits, (2) to 

encourage the proper use of occupant protection devices (including 

the use of safety belts and child restraint systems) by occupants of 

motor vehicles, (3) to reduce deaths and injuries resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance, (4) to prevent accidents and reduce deaths and 

injuries resulting from accidents involving motor vehicles and motorcycles, (5) to reduce injuries and deaths resulting from accidents 

involving school buses, [and] (6) to reduce accidents resulting from 

unsafe driving behavior (including aggressive or fatigued driving 

and distracted driving arising from the use of electronic devices in 

vehicles)[, and] (7) to improve law enforcement services in motor 


tjames on DSK6SPTVN1PROD with 
24 

vehicle accident prevention, traffic supervision, and post-accident 

procedures. The Secretary shall establish a highway safety program for the collection and reporting of data on traffic-related 

deaths and injuries by the States. Under such program, the States 

shall collect and report such data as the Secretary may require. 

The purposes of the program are to ensure national uniform data 

on such deaths and injuries and to allow the Secretary to make determinations for use in developing programs to reduce such deaths 

and injuries and making recommendations to Congress concerning 

legislation necessary to implement such programs. The program 

shall provide for annual reports to the Secretary on the efforts 

being made by the States in reducing deaths and injuries occurring 

at highway construction sites and the effectiveness and results of 

such efforts. The Secretary shall establish minimum reporting criteria for the program. Such criteria shall include, but not be limited to, criteria on deaths and injuries resulting from police pursuits, school bus accidents, aggressive driving, fatigued driving, distracted driving, and speeding, on traffic-related deaths and injuries 

at highway construction sites and on the configuration of commercial motor vehicles involved in motor vehicle accidents. In addition 

such uniform guidelines shall include, but not be limited to, provisions for an effective record system of accidents (including injuries 

and deaths resulting therefrom), accident investigations to determine the probable causes of accidents, injuries, and deaths, vehicle 

registration, operation, and inspection, highway design and maintenance (including lighting, markings, and surface treatment), traffic 

control, vehicle codes and laws, surveillance of traffic for detection 

and correction of high or potentially high accident locations, enforcement of light transmission standards of window glazing for 

passenger motor vehicles and light trucks as necessary to improve 

highway safety, and emergency services. Such guidelines as are applicable to State highway safety programs shall, to the extent determined appropriate by the Secretary, be applicable to federally 

administered areas where a Federal department or agency controls 

the highways or supervises traffic operations.¿ 

(a) PROGRAM REQUIRED.— 

(1) IN GENERAL.—Each State shall have a highway safety 

program, approved by the Secretary, that is designed to reduce 

traffic accidents and the resulting deaths, injuries, and property 

damage. 

(2) UNIFORM GUIDELINES.—Programs required under paragraph (1) shall comply with uniform guidelines, promulgated 

by the Secretary and expressed in terms of performance criteria, 

that— 

(A) include programs— 

(i) to reduce injuries and deaths resulting from 

motor vehicles being driven in excess of posted speed 

limits; 

(ii) to encourage the proper use of occupant protection devices (including the use of safety belts and child 

restraint systems) by occupants of motor vehicles; 

(iii) to reduce injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol 

or a controlled substance; 


tjames on DSK6SPTVN1PROD with 
25 

(iv) to prevent accidents and reduce injuries and 

deaths resulting from accidents involving motor vehicles and motorcycles; 

(v) to reduce injuries and deaths resulting from accidents involving school buses; 

(vi) to reduce accidents resulting from unsafe driving 

behavior (including aggressive or fatigued driving and 

distracted driving arising from the use of electronic devices in vehicles); and 

(vii) to improve law enforcement services in motor vehicle accident prevention, traffic supervision, and postaccident procedures; 

(B) improve driver performance, including— 

(i) driver education; 

(ii) driver testing to determine proficiency to operate 

motor vehicles; and 

(iii) driver examinations (physical, mental, and driver licensing); 

(C) improve pedestrian performance and bicycle safety; 

(D) include provisions for— 

(i) an effective record system of accidents (including 

resulting injuries and deaths); 

(ii) accident investigations to determine the probable 

causes of accidents, injuries, and deaths; 

(iii) vehicle registration, operation, and inspection; 

and 

(iv) emergency services; and 

(E) to the extent determined appropriate by the Secretary, 

are applicable to federally administered areas where a Federal department or agency controls the highways or supervises traffic operations. 

(b) ADMINISTRATION OF STATE PROGRAMS.— 

(1) ADMINISTRATIVE REQUIREMENTS.—The Secretary may not 

approve a State highway safety program under this section 

which does not— 

(A) provide that the Governor of the State shall be responsible for the administration of the program through a 

State highway safety agency which shall have adequate 

powers and be suitably equipped and organized to carry 

out, to the satisfaction of the Secretary, such program; 

(B) authorize political subdivisions of the State to carry 

out local highway safety programs within their jurisdictions as a part of the State highway safety program if such 

local highway safety programs are approved by the Governor and are in accordance with the minimum standards 

established by the Secretary under this section; 

(C) except as provided in paragraph (3), provide that at 

least 40 percent of all Federal funds apportioned under 

this section to the State for any fiscal year will be expended by the political subdivisions of the State, including 

Indian tribal governments, in carrying out local highway 

safety programs authorized in accordance with subparagraph (B); 

(D) provide adequate and reasonable access for the safe 

and convenient movement of individuals with disabilities, 


tjames on DSK6SPTVN1PROD with 
26 

including those in wheelchairs, across curbs constructed or 

replaced on or after July 1, 1976, at all pedestrian crosswalks throughout the State; øand¿ 

(E) beginning on October 1, 2012, provide for a robust, 

data-driven traffic safety enforcement program to prevent 

traffic violations, crashes, and crash fatalities and injuries 

in areas most at risk for such incidents, to the satisfaction 

of the Secretary; 

ø(E)¿ (F) provide satisfactory assurances that the State 

will implement activities in support of national highway 

safety goals to reduce motor vehicle related fatalities that 

also reflect the primary data-related crash factors within 

a State as identified by the State highway safety planning 

process, including— 

(i) national law enforcement mobilizations and highvisibility law enforcement mobilizations coordinated by 

the Secretary; 

(ii) sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits; 

(iii) an annual statewide safety belt use survey in 

accordance with criteria established by the Secretary 

for the measurement of State safety belt use rates to 

ensure that the measurements are accurate and representative; øand¿ 

(iv) development of statewide data systems to provide timely and effective data analysis to support allocation of highway safety resourcesø.¿ ; and 

(v) ensuring that the State will coordinate its highway safety plan, data collection, and information systems with the State strategic highway safety plan (as 

defined in section 148(a)). 

(2) WAIVER.—The Secretary may waive the requirement of 

paragraph (1)(C), in whole or in part, for a fiscal year for any 

State whenever the Secretary determines that there is an insufficient number of local highway safety programs to justify 

the expenditure in the State of such percentage of Federal 

funds during the fiscal year. 

(3) USE OF TECHNOLOGY FOR TRAFFIC ENFORCEMENT.—The 

Secretary may encourage States to use technologically advanced traffic enforcement devices (including the use of automatic speed detection devices such as photo-radar) by law enforcement officers. 

ø(c) Funds authorized¿ (c) USE OF FUNDS.— 

(1) IN GENERAL.—Funds authorized to be appropriated to 

carry out this section shall be used to aid the States to conduct 

the highway safety programs approved in accordance with subsection (a), including development and implementation of manpower training programs, and of demonstration programs that 

the Secretary determines will contribute directly to the reduction of accidents, and deaths and injuries resulting therefrom. 

øSuch funds¿ 

(2) APPORTIONMENT.—Except for amounts identified in subsection (l) and section 403(e), funds described in paragraph (1) 

shall be apportioned 75 per centum in the ratio which the popVerDate Mar 15 2010 05:26 Dec 24, 2012 Jkt 029010 PO 00000 Frm 00028 Fmt 6659 Sfmt 6601 E:\HR\OC\SR261.XXX SR261

tjames on DSK6SPTVN1PROD with 
27 

ulation of each State bears to the total population of all the 

States, as shown by the latest available Federal census, and 25 

per centum in the ratio which the public road mileage in each 

State bears to the total public road mileage in all States. For 

the purposes of this subsection, a ‘‘public road’’ means any road 

under the jurisdiction of and maintained by a public authority 

and open to public travel. Public road mileage as used in this 

subsection shall be determined as of the end of the calendar 

year preceding the year in which the funds are apportioned 

and shall be certified to by the Governor of the State and subject to approval by the Secretary. The annual apportionment to 

each State shall not be less than three-quarters of 1 percent 

of the total apportionment, except that the apportionment to 

the Secretary of the Interior shall not be less than 2 percent 

of the total apportionment and the apportionments to the Virgin Islands, Guam, American Samoa, and the Commonwealth 

of the Northern Mariana Islands shall not be less than onequarter of 1 per centum of the total apportionment. øThe Secretary shall not apportion any funds under this subsection to 

any State which is not implementing a highway safety program approved by the Secretary in accordance with this section. For the purpose of the seventh sentence of this subsection, a highway safety program¿ A highway safety program 

approved by the Secretary shall not include any requirement 

that a State implement such a program by adopting or enforcing any law, rule, or regulation based on a guideline promulgated by the Secretary under this section requiring any motorcycle operator eighteen years of age or older or passenger 

eighteen years of age or older to wear a safety helmet when 

operating or riding a motorcycle on the streets and highways 

of that State. Implementation of a highway safety program 

under this section shall not be construed to require the Secretary to require compliance with every uniform guideline, or 

with every element of every uniform guideline, in every State. 

A State may use the funds apportioned under this section, in 

cooperation with neighboring States, for highway safety programs or related projects that may confer benefits on such 

neighboring States. Funds apportioned under this section to 

any State, that does not have a highway safety program approved by the Secretary or that is not implementing an approved program, shall be reduced by amounts equal to not less 

than ø50 per centum¿ 20 percent of the amounts that would 

otherwise be apportioned to the State under this section, until 

such time as the Secretary approves such program or determines that the State is implementing an approved program, as 

appropriate. The Secretary shall consider the gravity of the 

State’s failure to have or implement an approved program in 

determining the amount of the reduction. øThe Secretary shall 

promptly apportion to the State the funds withheld from its 

apportionment if he approves the State’s highway safety program or determines that the State has begun implementing an 

approved program, as appropriate, prior to the end of the fiscal 

year for which the funds were withheld. If the Secretary determines that the State did not correct its failure within such period, the Secretary shall reapportion the withheld funds to the 


tjames on DSK6SPTVN1PROD with 
28 

other States in accordance with the formula specified in this 

subsection not later than 30 days after such determination.¿ 

(3) REAPPORTIONMENT.—The Secretary shall promptly apportion the funds withheld from a State’s apportionment to the 

State if the Secretary approves the State’s highway safety program or determines that the State has begun implementing an 

approved program, as appropriate, not later than July 31st of 

the fiscal year for which the funds were withheld. If the Secretary determines that the State did not correct its failure within such period, the Secretary shall reapportion the withheld 

funds to the other States in accordance with the formula specified in paragraph (2) not later than the last day of the fiscal 

year. 

(d) All provisions of chapter 1 of this title that are applicable to 

National Highway System highway funds other than provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to 

the highway safety funds authorized to be appropriated to carry 

out this section, except as determined by the Secretary to be inconsistent with this section, and except that the aggregate of all expenditures made during any fiscal year by a State and its political 

subdivisions (exclusive of Federal funds) for carrying out the State 

highway safety program (other than planning and administration) 

shall be available for the purpose of crediting such State during 

such fiscal year for the non-Federal share of the cost of any project 

under this section (other than one for planning or administration) 

without regard to whether such expenditures were actually made 

in connection with such project and except that, in the case of a 

local highway safety program carried out by an Indian tribe, if the 

Secretary is satisfied that an Indian tribe does not have sufficient 

funds available to meet the non-Federal share of the cost of such 

program, he may increase the Federal share of the cost thereof 

payable under this Act to the extent necessary. In applying such 

provisions of chapter 1 in carrying out this section the term ‘‘State 

transportation department’’ as used in such provisions shall mean 

the Governor of a State for the purposes of this section. 

(e) Uniform guidelines promulgated by the Secretary to carry out 

this section shall be developed in cooperation with the States, their 

political subdivisions, appropriate Federal departments and agencies, and such other public and private organizations as the Secretary deems appropriate. 

(f) The Secretary may make arrangements with other Federal departments and agencies for assistance in the preparation of uniform guidelines for the highway safety programs contemplated by 

subsection (a) and in the administration of such programs. Such 

departments and agencies are directed to cooperate in such preparation and administration, on a reimbursable basis. 

ø(g) Nothing in this section authorizes the appropriation or expenditure of funds for (1) highway construction, maintenance, or 

design (other than design of safety features of highways to be incorporated into guidelines) or (2) any purpose for which funds are 

authorized by section 403 of this title.¿ 

(g) SAVINGS PROVISION.— 


tjames on DSK6SPTVN1PROD with 
29 

(1) IN GENERAL.—Except as provided under paragraph (2), 

nothing in this section may be construed to authorize the appropriation or expenditure of funds for— 

(A) highway construction, maintenance, or design (other 

than design of safety features of highways to be incorporated into guidelines); or 

(B) any purpose for which funds are authorized by section 403. 

(2) DEMONSTRATION PROJECTS.—A State may use funds made 

available to carry out this section to assist in demonstration 

projects carried out by the Secretary under section 403. 

(h) [Repealed] 

ø(i)¿ (h) APPLICATION IN INDIAN COUNTRY.— 

(1) USE OF TERMS.—For the purpose of application of this 

section in Indian country, the terms ‘‘State’’ and ‘‘Governor of 

a State’’ include the Secretary of the Interior and the term ‘‘political subdivision of a State’’ includes an Indian tribe. 

(2) EXPENDITURES FOR LOCAL HIGHWAY PROGRAMS.—Notwithstanding subsection (b)(1)(C), 95 percent of the funds apportioned to the Secretary of the Interior under this section shall 

be expended by Indian tribes to carry out highway safety programs within their jurisdictions. 

(3) ACCESS FOR INDIVIDUALS WITH DISABILITIES.—The requirements of subsection (b)(1)(D) shall be applicable to Indian 

tribes, except to those tribes with respect to which the Secretary determines that application of such provisions would not 

be practicable. 

(4) INDIAN COUNTRY DEFINED.—In this subsection, the term 

‘‘Indian country’’ means— 

(A) all land within the limits of any Indian reservation 

under the jurisdiction of the United States, notwithstanding the issuance of any patent and including rightsof-way running through the reservation; 

(B) all dependent Indian communities within the borders 

of the United States, whether within the original or subsequently acquired territory thereof and whether within or 

without the limits of a State; and 

(C) all Indian allotments, the Indian titles to which have 

not been extinguished, including rights-of-way running 

through such allotments. 

ø(j)¿ (i) RULEMAKING PROCEEDING.—The Secretary may periodically conduct a rulemaking process to identify highway safety programs that are highly effective in reducing motor vehicle crashes, 

injuries, and deaths. Any such rulemaking shall take into account 

the major role of the States in implementing such programs. When 

a rule promulgated in accordance with this section takes effect, 

States shall consider these highly effective programs when developing their highway safety programs. 

ø(k) (1) Subject to the provisions of this subsection, the Secretary 

shall make a grant to any State which includes, as part of its highway safety program under section 402 of this title, the use of a 

comprehensive computerized safety recordkeeping system designed 

to correlate data regarding traffic accidents, drivers, motor vehicles, and roadways. Any such grant may only be used by such State 

to establish and maintain a comprehensive computerized traffic 


tjames on DSK6SPTVN1PROD with 
30 

safety recordkeeping system or to obtain and operate components 

to support highway safety priority programs identified by the Secretary under this section. Notwithstanding any other provision of 

law, if a report, list, schedule, or survey is prepared by or for a 

State or political subdivision thereof under this subsection, such report, list, schedule, or survey shall not be admitted as evidence or 

used in any suit or action for damages arising out of any matter 

mentioned in such report, list, schedule, or survey. 

ø(2) No State may receive a grant under this subsection in 

more than two fiscal years. 

ø(3) The amount of the grant to any State under this subsection for the first fiscal year such State is eligible for a grant 

under this subsection shall equal 10 per centum of the amount 

apportioned to such State for fiscal year 1985 under this section. The amount of a grant to any State under this subsection 

for the second fiscal year such State is eligible for a grant 

under this subsection shall equal 10 per centum of the amount 

apportioned to such State for fiscal year 1986 under this section. 

ø(4) A State is eligible for a grant under this subsection if— 

ø(A) it certifies to the Secretary that it has in operation 

a computerized traffic safety recordkeeping system and 

identifies proposed means of upgrading the system acceptable to the Secretary; or 

ø(B) it provides to the Secretary a plan acceptable to the 

Secretary for establishing and maintaining a computerized 

traffic safety recordkeeping system. 

ø(5) The Secretary, after making the deduction authorized by 

the second sentence of subsection (c) of this section for fiscal 

years 1985 and 1986, shall set aside 10 per centum of the remaining funds authorized to be appropriated to carry out this 

section for the purpose of making grants under this subsection. 

Funds set aside under this subsection shall remain available 

for the fiscal year authorized and for the succeeding fiscal year 

and any amounts remaining unexpended at the end of such period shall be apportioned in accordance with the provisions of 

subsection (c) of this section.¿ 

ø(l)¿ (j) LAW ENFORCEMENT VEHICULAR PURSUIT TRAINING.—A 

State shall actively encourage all relevant law enforcement agencies in such State to follow the guidelines established for vehicular 

pursuits issued by the International Association of Chiefs of Police 

that are in effect on the date of enactment of this subsection or as 

revised and in effect after such date as determined by the Secretary. 

ø(m) CONSOLIDATION OF GRANT APPLICATIONS.—The Secretary 

shall establish an approval process by which a State may apply for 

all grants under this chapter for which a single application process 

with one annual deadline is appropriate. The Bureau of Indian Affairs shall establish a similar simplified process for applications for 

grants from Indian tribes under this chapter.¿ 

(k) HIGHWAY SAFETY PLAN AND REPORTING REQUIREMENTS.— (1) IN GENERAL.—The Secretary shall require each State to 

develop and submit to the Secretary a highway safety plan that 

complies with the requirements under this subsection not later 

than July 1, 2012, and annually thereafter. 


tjames on DSK6SPTVN1PROD with 
31 

(2) CONTENTS.—State highway safety plans submitted under 

paragraph (1) shall include— 

(A) performance measures required by the Secretary or 

otherwise necessary to support additional State safety 

goals, including— 

(i) documentation of current safety levels for each 

performance measure; 

(ii) quantifiable annual performance targets for each 

performance measure; and 

(iii) a justification for each performance target; 

(B) a strategy for programming funds apportioned to the 

State under this section on projects and activities that will 

allow the State to meet the performance targets described 

in subparagraph (A); 

(C) data and data analysis supporting the effectiveness of 

proposed countermeasures; 

(D) a description of any Federal, State, local, or private 

funds that the State plans to use, in addition to funds apportioned to the State under this section, to carry out the 

strategy described in subparagraph (B); 

(E) beginning with the plan submitted by July 1, 2013, 

a report on the State’s success in meeting State safety goals 

set forth in the previous year’s highway safety plan; and 

(F) an application for any additional grants available to 

the State under this chapter. 

(3) PERFORMANCE MEASURES.—For the first highway safety 

plan submitted under this subsection, the performance measures required by the Secretary under paragraph (2)(A) shall be 

limited to those developed by the National Highway Traffic 

Safety Administration and the Governor’s Highway Safety Association and described in the report, ‘‘Traffic Safety Performance Measures for States and Federal Agencies’’ (DOT HS 811 

025). For subsequent highway safety plans, the Secretary shall 

consult with the Governor’s Highway Safety Association and 

safety experts if the Secretary makes revisions to the set of required performance measures. 

(4) REVIEW OF HIGHWAY SAFETY PLANS.— 

(A) IN GENERAL.—Not later than 60 days after the date 

on which a State’s highway safety plan is received by the 

Secretary, the Secretary shall review and approve or disapprove the plan. 

(B) APPROVALS AND DISAPPROVALS.— 

(i) APPROVALS.—The Secretary shall approve a 

State’s highway safety plan if the Secretary determines 

that— 

(I) the plan is evidence-based and supported by 

data; 

(II) the performance targets are adequate; and 

(III) the plan, once implemented, will allow the 

State to meet such targets. 

(ii) DISAPPROVALS.—The Secretary shall disapprove 

a State’s highway safety plan if the Secretary determines that the plan does not— 

(I) set appropriate performance targets; or 


tjames on DSK6SPTVN1PROD with 
32 

(II) provide for evidence-based programming of 

funding in a manner sufficient to allow the State 

to meet such targets. 

(C) ACTIONS UPON DISAPPROVAL.—If the Secretary disapproves a State’s highway safety plan, the Secretary 

shall— 

(i) inform the State of the reasons for such disapproval; and 

(ii) require the State to resubmit the plan with any 

modifications that the Secretary determines to be necessary. 

(D) REVIEW OF RESUBMITTED PLANS.—If the Secretary requires a State to resubmit a highway safety plan, with 

modifications, the Secretary shall review and approve or 

disapprove the modified plan not later than 30 days after 

the date on which the Secretary receives such plan. 

(E) REPROGRAMMING AUTHORITY.—If the Secretary determines that the modifications contained in a State’s resubmitted highway safety plan do not provide for the programming of funding in a manner sufficient to meet the State’s 

performance goals, the Secretary, in consultation with the 

State, shall take such action as may be necessary to bring 

the State’s plan into compliance with the performance targets. 

(F) PUBLIC NOTICE.—A State shall make the State’s highway safety plan, and decisions of the Secretary concerning 

approval or disapproval of a revised plan, available to the 

public. 

(l) COOPERATIVE RESEARCH AND EVALUATION.— 

(1) ESTABLISHMENT AND FUNDING.—Notwithstanding the apportionment formula set forth in subsection (c)(2), $2,500,000 of 

the total amount available for apportionment to the States for 

highway safety programs under subsection (c) in each fiscal 

year shall be available for expenditure by the Secretary, acting 

through the Administrator of the National Highway Traffic 

Safety Administration, for a cooperative research and evaluation program to research and evaluate priority highway safety 

countermeasures. 

(2) ADMINISTRATION.—The program established under paragraph (1)— 

(A) shall be administered by the Administrator of the National Highway Traffic Safety Administration; and 

(B) shall be jointly managed by the Governors Highway 

Safety Association and the National Highway Traffic Safety Administration. 

(m) TEEN TRAFFIC SAFETY PROGRAM.— 

(1) PROGRAM AUTHORIZED.—Subject to the requirements of a 

State’s highway safety plan, as approved by the Secretary under 

subsection (k), a State may use a portion of the amounts received under this section to implement a statewide teen traffic 

safety program to improve traffic safety for teen drivers. 

(2) STRATEGIES.—The program implemented under paragraph (1)— 

(A) shall include peer-to-peer education and prevention 

strategies in schools and communities designed to— 


tjames on DSK6SPTVN1PROD with 
33 

(i) increase safety belt use; 

(ii) reduce speeding; 

(iii) reduce impaired and distracted driving; 

(iv) reduce underage drinking; and 

(v) reduce other behaviors by teen drivers that lead 

to injuries and fatalities; and 

(B) may include— 

(i) working with student-led groups and school advisors to plan and implement teen traffic safety programs; 

(ii) providing subgrants to schools throughout the 

State to support the establishment and expansion of 

student groups focused on teen traffic safety; 

(iii) providing support, training, and technical assistance to establish and expand school and community 

safety programs for teen drivers; 

(iv) creating statewide or regional websites to publicize and circulate information on teen safety programs; 

(v) conducting outreach and providing educational 

resources for parents; 

(vi) establishing State or regional advisory councils 

comprised of teen drivers to provide input and recommendations to the governor and the governor’s safety representative on issues related to the safety of teen 

drivers; 

(vii) collaborating with law enforcement; 

(viii) organizing and hosting State and regional conferences for teen drivers; 

(ix) establishing partnerships and promoting coordination among community stakeholders, including public, not-for-profit, and for profit entities; and 

(x) funding a coordinator position for the teen safety 

program in the State or region. 

ø§ 403. Highway safety research and development 

ø(a) AUTHORITY OF THE SECRETARY.—The Secretary is authorized 

to use funds appropriated to carry out this section to— 

ø(1) conduct research on all phases of highway safety and 

traffic conditions, including accident causation, highway or 

driver characteristics, communications, and emergency care; 

ø(2) conduct ongoing research into driver behavior and its effect on traffic safety; 

ø(3) conduct research on, launch initiatives to counter, and 

conduct demonstration projects on fatigued driving by drivers 

of motor vehicles and distracted driving in such vehicles, including the effect that the use of electronic devices and other 

factors deemed relevant by the Secretary have on driving; 

ø(4) conduct training or education programs in cooperation 

with other Federal departments and agencies, States, private 

sector persons, highway safety personnel, and law enforcement 

personnel; 

ø(5) conduct research on, and evaluate the effectiveness of, 

traffic safety countermeasures, including seat belts and impaired driving initiatives; 


tjames on DSK6SPTVN1PROD with 
34 

ø(6) conduct research on, evaluate, and develop best practices related to driver education programs (including driver 

education curricula, instructor training and certification, program administration and delivery mechanisms) and make recommendations for harmonizing driver education and multistage graduated licensing systems; 

ø(7) conduct research, training, and education programs related to older drivers; 

ø(8) conduct demonstration projects; and 

ø(9) conduct research, training, and programs relating to motorcycle safety, including impaired driving. 

ø(b) DRUGS AND DRIVER BEHAVIOR.—In addition to the research 

authorized by subsection (a), the Secretary, in consultation with 

other Government and private agencies as may be necessary, is authorized to carry out safety research on the following: 

ø(1) The relationship between the consumption and use of 

drugs and their effect upon highway safety and drivers of 

motor vehicles. 

ø(2) Driver behavior research, including the characteristics of 

driver performance, the relationships of mental and physical 

abilities or disabilities to the driving task, and the relationship 

of frequency of driver crash involvement to highway safety. 

ø(3) Measures that may deter drugged driving. 

ø(4) Programs to train law enforcement officers on motor vehicle pursuits conducted by the officers. 

ø(5) Technology to detect drug use and enable States to efficiently process toxicology evidence. 

ø(6) Research on the effects of illicit drugs and the compound 

effects of alcohol and illicit drugs on impairment. 

ø(c) The research authorized by subsections (a) and (b) of this 

section may be conducted by the Secretary through grants and contracts with public and private agencies, institutions, and individuals. 

ø(d) The Secretary may, where he deems it to be in furtherance 

of the purposes of section 402 of this title, vest in State or local 

agencies, on such terms and conditions as he deems appropriate, 

title to equipment purchased for demonstration projects with funds 

authorized by this section. 

ø(e) In addition to the research authorized by subsection (a) of 

this section, the Secretary shall, either independently or in cooperation with other Federal departments or agencies, conduct research into, and make grants to or contracts with State or local 

agencies, institutions, and individuals for projects to demonstrate 

the administrative adjudication of traffic infractions. Such administrative adjudication demonstration projects shall be designed to improve highway safety by developing fair, efficient, and effective 

processes and procedures for traffic infraction adjudication, utilizing appropriate punishment, training, and rehabilitative measures for traffic offenders. The Secretary shall report to Congress by 

July 1, 1975, and each year thereafter during the continuance of 

the program, on the research and demonstration projects authorized by this subsection, and shall include in such report a comparison of the fairness, efficiency, and effectiveness of administrative 

adjudication of traffic infractions with other methods of handling 

such infractions. 


tjames on DSK6SPTVN1PROD with 
35 

ø(f) COLLABORATIVE RESEARCH AND DEVELOPMENT.— ø(1) IN GENERAL.—For the purpose of encouraging innovative 

solutions to highway safety problems, stimulating voluntary 

improvements in highway safety, and stimulating the marketing of new highway safety-related technology by private industry, the Secretary is authorized to undertake, on a costshared basis, collaborative research and development with nonFederal entities, including State and local governments, colleges, and universities and corporations, partnerships, sole proprietorships, and trade associations that are incorporated or 

established under the laws of any State or the United States. 

This collaborative research may include crash data collection 

and analysis; driver and pedestrian behavior; and demonstrations of technology. 

ø(2) COOPERATIVE AGREEMENTS.—In carrying out this subsection, the Secretary may enter into cooperative research and 

development agreements, as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 

3710a); except that in entering into such agreements, the Secretary may agree to provide not more than 50 percent of the 

cost of any research or development project selected by the Secretary under this subsection. 

ø(3) PROJECT SELECTION.—In selecting projects to be conducted under this subsection, the Secretary shall establish a 

procedure to consider the views of experts and the public concerning the project areas. 

ø(4) APPLICABILITY OF STEVENSON-WYDLER TECHNOLOGY IN- NOVATION ACT.—The research, development, or utilization of 

any technology pursuant to an agreement under the provisions 

of this subsection, including the terms under which technology 

may be licensed and the resulting royalties may be distributed, 

shall be subject to the provisions of the Stevenson-Wydler 

Technology Innovation Act of 1980. 

ø(g) INTERNATIONAL COOPERATION.—The Administrator of the 

National Highway Traffic Safety Administration may participate 

and cooperate in international activities to enhance highway safety.¿ 

§ 403. Highway safety research and development 

(a) DEFINED TERM.—In this section, the term ‘‘Federal laboratory’’ 

includes— 

(1) a government-owned, government-operated laboratory; 

and 

(2) a government-owned, contractor-operated laboratory. 

(b) GENERAL AUTHORITY.— 

(1) RESEARCH AND DEVELOPMENT ACTIVITIES.—The Secretary 

may conduct research and development activities, including 

demonstration projects and the collection and analysis of highway and motor vehicle safety data and related information 

needed to carry out this section, with respect to— 

(A) all aspects of highway and traffic safety systems and 

conditions relating to— 

(i) vehicle, highway, driver, passenger, motorcyclist, 

bicyclist, and pedestrian characteristics; 

(ii) accident causation and investigations; 


tjames on DSK6SPTVN1PROD with 
36 

(iii) communications; 

(iv) emergency medical services; and 

(v) transportation of the injured; 

(B) human behavioral factors and their effect on highway 

and traffic safety, including— 

(i) driver education; 

(ii) impaired driving; 

(iii) distracted driving; and 

(iv) new technologies installed in, or brought into, vehicles; 

(C) an evaluation of the effectiveness of countermeasures 

to increase highway and traffic safety, including occupant 

protection and alcohol- and drug-impaired driving technologies and initiatives; and 

(D) the effect of State laws on any aspects, activities, or 

programs described in subparagraphs (A) through (C). 

(2) COOPERATION, GRANTS, AND CONTRACTS.—The Secretary 

may carry out this section— 

(A) independently; 

(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; 

(C) by entering into contracts, cooperative agreements, 

and other transactions with the National Academy of 

Sciences, any Federal laboratory, State or local agency, authority, association, institution, foreign country, or person 

(as defined in chapter 1 of title 1); or 

(D) by making grants to the National Academy of 

Sciences, any Federal laboratory, State or local agency, authority, association, institution, or person (as defined in 

chapter 1 of title 1). 

(c) COLLABORATIVE RESEARCH AND DEVELOPMENT.— (1) IN GENERAL.—To encourage innovative solutions to highway safety problems, stimulate voluntary improvements in 

highway safety, and stimulate the marketing of new highway 

safety related technology by private industry, the Secretary is 

authorized to carry out, on a cost-shared basis, collaborative research and development with— 

(A) non-Federal entities, including State and local governments, foreign countries, colleges, universities, corporations, partnerships, sole proprietorships, organizations serving the interests of children, people with disabilities, lowincome populations, and older adults, and trade associations that are incorporated or established under the laws of 

any State or the United States; and 

(B) Federal laboratories. 

(2) AGREEMENTS.—In carrying out this subsection, the Secretary may enter into cooperative research and development 

agreements (as defined in section 12 of the Stevenson-Wydler 

Technology Innovation Act of 1980 (15 U.S.C. 3710a)) in which 

the Secretary provides not more than 50 percent of the cost of 

any research or development project under this subsection. 

(3) USE OF TECHNOLOGY.—The research, development, or use 

of any technology pursuant to an agreement under this subsection, including the terms under which technology may be licensed and the resulting royalties may be distributed, shall be 


tjames on DSK6SPTVN1PROD with 
37 

subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.). 

(d) TITLE TO EQUIPMENT.—In furtherance of the purposes set 

forth in section 402, the Secretary may vest title to equipment purchased for demonstration projects with funds authorized under this 

section to State or local agencies on such terms and conditions as 

the Secretary determines to be appropriate. 

(e) TRAINING.—Notwithstanding the apportionment formula set 

forth in section 402(c)(2), 1 percent of the total amount available for 

apportionment to the States for highway safety programs under section 402(c) in each fiscal year shall be available, through the end 

of the succeeding fiscal year, to the Secretary, acting through the 

Administrator of the National Highway Traffic Safety Administration— 

(1) to provide training, conducted or developed by Federal or 

non-Federal entity or personnel, to Federal, State, and local 

highway safety personnel; and 

(2) to pay for any travel, administrative, and other expenses 

related to such training. 

(f) DRIVER LICENSING AND FITNESS TO DRIVE CLEARINGHOUSE.— 

From amounts made available under this section, the Secretary, acting through the Administrator of the National Highway Traffic 

Safety Administration, is authorized to expend $1,280,000 between 

the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2011 and September 30, 2013, to establish an electronic clearinghouse and technical assistance service to collect and 

disseminate research and analysis of medical and technical information and best practices concerning drivers with medical issues 

that may be used by State driver licensing agencies in making licensing qualification decisions. 

(g) INTERNATIONAL HIGHWAY SAFETY INFORMATION AND COOPERATION.— 

(1) ESTABLISHMENT.—The Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, may establish an international highway safety information 

and cooperation program to— 

(A) inform the United States highway safety community 

of laws, projects, programs, data, and technology in foreign 

countries that could be used to enhance highway safety in 

the United States; 

(B) permit the exchange of information with foreign countries about laws, projects, programs, data, and technology 

that could be used to enhance highway safety; and 

(C) allow the Secretary, represented by the Administrator, 

to participate and cooperate in international activities to 

enhance highway safety. 

(2) COOPERATION.—The Secretary may carry out this subsection in cooperation with any appropriate Federal agency, 

State or local agency or authority, foreign government, or multinational institution. 

(h) PROHIBITION ON CERTAIN DISCLOSURES.—Any report of the 

National Highway Traffic Safety Administration, or of any officer, 

employee, or contractor of the National Highway Traffic Safety Administration, relating to any highway traffic accident or the investigation of such accident conducted pursuant to this chapter or 


tjames on DSK6SPTVN1PROD with 
38 

chapter 301 shall be made available to the public in a manner that 

does not identify individuals. 

(i) MODEL SPECIFICATIONS FOR DEVICES.—The Secretary, acting 

through the Administrator of the National Highway Traffic Safety 

Administration, may— 

(1) develop model specifications and testing procedures for devices, including devices designed to measure the concentration 

of alcohol in the body; 

(2) conduct periodic tests of such devices; 

(3) publish a Conforming Products List of such devices that 

have met the model specifications; and 

(4) may require that any necessary tests of such devices are 

conducted by a Federal laboratory and paid for by the device 

manufacturers. 

ø§ 405. Occupant protection incentive grants 

ø(a) GENERAL AUTHORITY.— 

ø(1) AUTHORITY TO MAKE GRANTS.—Subject to the requirements of this section, the Secretary shall make grants under 

this section to States that adopt and implement effective programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in 

motor vehicles. Such grants may be used by recipient States 

only to implement and enforce, as appropriate, such programs. 

ø(2) MAINTENANCE OF EFFORT.—No grant may be made to a 

State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary 

may require to ensure that the State will maintain its aggregate expenditures from all other sources for programs described in paragraph (1) at or above the average level of such 

expenditures in its 2 fiscal years preceding the date of enactment of the SAFETEA-LU. 

ø(3) MAXIMUM PERIOD OF ELIGIBILITY.—No State may receive 

grants under this section in more than 9 fiscal years beginning 

after September 30, 2003. 

ø(4) FEDERAL SHARE.—The Federal share of the cost of implementing and enforcing, as appropriate, in a fiscal year a 

program adopted by a State pursuant to paragraph (1) shall 

not exceed— 

ø(A) in each of the first and second fiscal years beginning after September 30, 2003, in which the State receives 

a grant under this section, 75 percent; 

ø(B) in each of the third and fourth fiscal years beginning after September 30, 2003, in which the State receives 

a grant under this section, 50 percent; and 

ø(C) in each of the fifth through ninth fiscal years beginning after September 30, 2003, in which the State receives 

a grant under this section, 25 percent. 

ø(b) GRANT ELIGIBILITY.—A State shall become eligible for a 

grant under this section by adopting or demonstrating to the satisfaction of the Secretary at least 4 of the following: 

ø(1) SAFETY BELT USE LAW.—The State has in effect a safety 

belt use law that makes unlawful throughout the State the operation of a passenger motor vehicle whenever an individual 

(other than a child who is secured in a child restraint system) 


tjames on DSK6SPTVN1PROD with 
39 

in the front seat of the vehicle (and, beginning in fiscal year 

2001, in any seat in the vehicle) does not have a safety belt 

properly secured about the individual’s body. 

ø(2) PRIMARY SAFETY BELT USE LAW.—The State provides for 

primary enforcement of the safety belt use law of the State. 

ø(3) MINIMUM FINE OR PENALTY POINTS.—The State imposes 

a minimum fine or provides for the imposition of penalty points 

against the driver’s license of an individual— 

ø(A) for a violation of the safety belt use law of the 

State; and 

ø(B) for a violation of the child passenger protection law 

of the State. 

ø(4) SPECIAL TRAFFIC ENFORCEMENT PROGRAM.—The State 

has implemented a statewide special traffic enforcement program for occupant protection that emphasizes publicity for the 

program. 

ø(5) CHILD PASSENGER PROTECTION EDUCATION PROGRAM.— 

The State has implemented a statewide comprehensive child 

passenger protection education program that includes education programs about proper seating positions for children in 

air bag equipped motor vehicles and instruction on how to reduce the improper use of child restraint systems. 

ø(6) CHILD PASSENGER PROTECTION LAW.—The State has in 

effect a law that requires minors who are riding in a passenger 

motor vehicle to be properly secured in a child safety seat or 

other appropriate restraint system. 

ø(c) GRANT AMOUNTS.—The amount of a grant for which a State 

qualifies under this section for a fiscal year shall equal up to 100 

percent of the amount apportioned to the State for fiscal year 2003 

under section 402. 

ø(d) [Repealed] 

ø(e) APPLICABILITY OF CHAPTER 1.—The provisions contained in 

section 402(d) shall apply to this section. 

ø(f) DEFINITIONS.—In this section, the following definitions apply: 

ø(1) CHILD SAFETY SEAT.—The term ‘‘child safety seat’’ 

means any device (except safety belts) designed for use in a 

motor vehicle to restrain, seat, or position a child who weighs 

50 pounds or less. 

ø(2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means a vehicle driven or drawn by mechanical power and manufactured 

primarily for use on public streets, roads, and highways, but 

does not include a vehicle operated only on a rail line. 

ø(3) MULTIPURPOSE PASSENGER VEHICLE.—The term ‘‘multipurpose passenger vehicle’’ means a motor vehicle with motive 

power (except a trailer), designed to carry not more than 10 individuals, that is constructed either on a truck chassis or with 

special features for occasional off-road operation. 

ø(4) PASSENGER CAR.—The term ‘‘passenger car’’ means a 

motor vehicle with motive power (except a multipurpose passenger vehicle, motorcycle, or trailer) designed to carry not 

more than 10 individuals. 

ø(5) PASSENGER MOTOR VEHICLE.—The term ‘‘passenger 

motor vehicle’’ means a passenger car or a multipurpose passenger motor vehicle. 

ø(6) SAFETY BELT.—The term ‘‘safety belt’’ means— 


tjames on DSK6SPTVN1PROD with 
40 

ø(A) with respect to open-body passenger vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder 

belt; and 

ø(B) with respect to other passenger vehicles, an occupant restraint system consisting of integrated lap and 

shoulder belts.¿ 

§ 405. Combined occupant protection grants 

(a) GENERAL AUTHORITY.—Subject to the requirements of this section, the Secretary of Transportation shall award grants to States 

that adopt and implement effective occupant protection programs to 

reduce highway deaths and injuries resulting from individuals 

riding unrestrained or improperly restrained in motor vehicles. 

(b) FEDERAL SHARE.—The Federal share of the costs of activities 

funded using amounts from grants awarded under this section may 

not exceed 80 percent for each fiscal year for which a State receives 

a grant. 

(c) ELIGIBILITY.— 

(1) HIGH SEAT BELT USE RATE.—A State with an observed 

seat belt use rate of 90 percent or higher, based on the most recent data from a survey that conforms with national criteria established by the National Highway Traffic Safety Administration, shall be eligible for a grant in a fiscal year if the State— 

(A) submits an occupant protection plan during the first 

fiscal year; 

(B) participates in the Click It or Ticket national mobilization; 

(C) has an active network of child restraint inspection 

stations; and 

(D) has a plan to recruit, train, and maintain a sufficient 

number of child passenger safety technicians. 

(2) LOWER SEAT BELT USE RATE.—A State with an observed 

seat belt use rate below 90 percent, based on the most recent 

data from a survey that conforms with national criteria established by the National Highway Traffic Safety Administration, 

shall be eligible for a grant in a fiscal year if— 

(A) the State meets all of the requirements under subparagraphs (A) through (D) of paragraph (1); and 

(B) the Secretary determines that the State meets at least 

3 of the following criteria: 

(i) The State conducts sustained (on-going and periodic) seat belt enforcement at a defined level of participation during the year. 

(ii) The State has enacted and enforces a primary enforcement seat belt use law. 

(iii) The State has implemented countermeasure programs for high-risk populations, such as drivers on 

rural roadways, unrestrained nighttime drivers, or 

teenage drivers. 

(iv) The State has enacted and enforces occupant 

protection laws requiring front and rear occupant protection use by all occupants in an age-appropriate restraint. 


tjames on DSK6SPTVN1PROD with 
41 

(v) The State has implemented a comprehensive occupant protection program in which the State has— 

(I) conducted a program assessment; 

(II) developed a statewide strategic plan; 

(III) designated an occupant protection coordinator; and 

(IV) established a statewide occupant protection 

task force. 

(vi) The State— 

(I) completed an assessment of its occupant protection program during the 3-year period preceding 

the grant year; or 

(II) will conduct such an assessment during the 

first year of the grant. 

(d) USE OF GRANT AMOUNTS.—Grant funds received pursuant to 

this section may be used to— 

(1) carry out a program to support high-visibility enforcement 

mobilizations, including paid media that emphasizes publicity 

for the program, and law enforcement; 

(2) carry out a program to train occupant protection safety 

professionals, police officers, fire and emergency medical personnel, educators, and parents concerning all aspects of the use 

of child restraints and occupant protection; 

(3) carry out a program to educate the public concerning the 

proper use and installation of child restraints, including related 

equipment and information systems; 

(4) carry out a program to provide community child passenger safety services, including programs about proper seating 

positions for children and how to reduce the improper use of 

child restraints; 

(5) purchase and distribute child restraints to low-income 

families if not more than 5 percent of the funds received in a 

fiscal year are used for this purpose; 

(6) establish and maintain information systems containing 

data concerning occupant protection, including the collection 

and administration of child passenger safety and occupant protection surveys; and 

(7) carry out a program to educate the public concerning the 

dangers of leaving children unattended in vehicles. 

(e) GRANT AMOUNT.—The allocation of grant funds under this 

section to a State for a fiscal year shall be in proportion to the 

State’s apportionment under section 402 for fiscal year 2009. 

(f) REPORT.—A State that receives a grant under this section shall 

submit a report to the Secretary that documents the manner in 

which the grant amounts were obligated and expended and identifies the specific programs carried out with the grant funds. The report shall be in a form prescribed by the Secretary and may be combined with other State grant reporting requirements under chapter 

4 of title 23, United States Code. 

(g) DEFINITIONS.—In this section: 

(1) CHILD RESTRAINT.—The term ‘‘child restraint’’ means any 

device (including child safety seat, booster seat, harness, and 

excepting seat belts) designed for use in a motor vehicle to restrain, seat, or position children who weigh 65 pounds (30 kilograms) or less, and certified to the Federal motor vehicle safety 


tjames on DSK6SPTVN1PROD with 
42 

standard prescribed by the National Highway Traffic Safety 

Administration for child restraints. 

(2) SEAT BELT.—The term ‘‘seat belt’’ means— 

(A) with respect to open-body motor vehicles, including 

convertibles, an occupant restraint system consisting of a 

lap belt or a lap belt and a detachable shoulder belt; and 

(B) with respect to other motor vehicles, an occupant restraint system consisting of integrated lap and shoulder 

belts. 

ø§ 408. State traffic safety information system improvements 

ø(a) GRANT AUTHORITY.—Subject to the requirements of this section, the Secretary shall make grants to eligible States to support 

the development and implementation of effective programs by such 

States to— 

ø(1) improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data of the 

State that is needed to identify priorities for national, State, 

and local highway and traffic safety programs; 

ø(2) evaluate the effectiveness of efforts to make such improvements; 

ø(3) link the State data systems, including traffic records, 

with other data systems within the State, such as systems that 

contain medical, roadway, and economic data; and 

ø(4) improve the compatibility and interoperability of the 

data systems of the State with national data systems and data 

systems of other States and enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances. 

ø(b) FIRST-YEAR GRANTS.—To be eligible for a first-year grant 

under this section in a fiscal year, a State shall demonstrate to the 

satisfaction of the Secretary that the State has— 

ø(1) established a highway safety data and traffic records coordinating committee with a multidisciplinary membership 

that includes, among others, managers, collectors, and users of 

traffic records and public health and injury control data systems; and 

ø(2) developed a multiyear highway safety data and traffic 

records system strategic plan— 

ø(A) that addresses existing deficiencies in the State’s 

highway safety data and traffic records system; 

ø(B) that is approved by the highway safety data and 

traffic records coordinating committee; 

ø(C) that specifies how existing deficiencies in the 

State’s highway safety data and traffic records system 

were identified; 

ø(D) that prioritizes, on the basis of the identified highway safety data and traffic records system deficiencies of 

the State, the highway safety data and traffic records system needs and goals of the State, including the activities 

under subsection (a); 

ø(E) that identifies performance-based measures by 

which progress toward those goals will be determined; and 


tjames on DSK6SPTVN1PROD with 
43 

ø(F) that specifies how the grant funds and any other 

funds of the State are to be used to address needs and 

goals identified in the multiyear plan. 

ø(c) SUCCESSIVE YEAR GRANTS.—A State shall be eligible for a 

grant under this subsection in a fiscal year succeeding the first fiscal year in which the State receives a grant under subsection (b) 

if the State— 

ø(1) certifies to the Secretary that an assessment or audit of 

the State’s highway safety data and traffic records system has 

been conducted or updated within the preceding 5 years; 

ø(2) certifies to the Secretary that its highway safety data 

and traffic records coordinating committee continues to operate 

and supports the multiyear plan; 

ø(3) specifies how the grant funds and any other funds of the 

State are to be used to address needs and goals identified in 

the multiyear plan; 

ø(4) demonstrates to the Secretary measurable progress toward achieving the goals and objectives identified in the 

multiyear plan; and 

ø(5) submits to the Secretary a current report on the 

progress in implementing the multiyear plan. 

ø(d) GRANT AMOUNT.—Subject to subsection (e)(3), the amount of 

a year grant made to a State for a fiscal year under this section 

shall equal the higher of— 

ø(1) the amount determined by multiplying— 

ø(A) the amount appropriated to carry out this section 

for such fiscal year, by 

ø(B) the ratio that the funds apportioned to the State 

under section 402 for fiscal year 2003 bears to the funds 

apportioned to all States under such section for fiscal year 

2003; or 

ø(2) (A) $300,000 in the case of the first fiscal year a grant 

is made to a State under this section after the date of enactment of this subparagraph; or 

ø(B) $500,000 in the case of a succeeding fiscal year a 

grant is made to the State under this section after such 

date of enactment. 

ø(e) ADDITIONAL REQUIREMENTS AND LIMITATIONS.— ø(1) MODEL DATA ELEMENTS.—The Secretary, in consultation 

with States and other appropriate parties, shall determine the 

model data elements that are useful for the observation and 

analysis of State and national trends in occurrences, rates, outcomes, and circumstances of motor vehicle traffic accidents. In 

order to be eligible for a grant under this section, a State shall 

submit to the Secretary a certification that the State has 

adopted and uses such model data elements, or a certification 

that the State will use grant funds provided under this section 

toward adopting and using the maximum number of such 

model data elements as soon as practicable. 

ø(2) DATA ON USE OF ELECTRONIC DEVICES.—The model data 

elements required under paragraph (1) shall include data elements, as determined appropriate by the Secretary, in consultation with the States and appropriate elements of the law 

enforcement community, on the impact on traffic safety of the 

use of electronic devices while driving. 


tjames on DSK6SPTVN1PROD with 
44 

ø(3) MAINTENANCE OF EFFORT.—No grant may be made to a 

State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary 

may require to ensure that the State will maintain its aggregate expenditures from all other sources for highway safety 

data programs at or above the average level of such expenditures maintained by such State in the 2 fiscal years preceding 

the date of enactment of the SAFETEA-LU. 

ø(4) FEDERAL SHARE.—The Federal share of the cost of 

adopting and implementing in a fiscal year a State program 

described in subsection (a) may not exceed 80 percent. 

ø(5) LIMITATION ON USE OF GRANT PROCEEDS.—A State may 

use the proceeds of a grant received under this section only to 

implement the program described in subsection (a) for which 

the grant is made. 

ø(f) APPLICABILITY OF CHAPTER 1.—Section 402(d) of this title 

shall apply in the administration of this section.¿ 

§ 408. State traffic safety information system improvements 

(a) GENERAL AUTHORITY.—Subject to the requirements of this section, the Secretary of Transportation shall award grants to States 

to support the development and implementation of effective State 

programs that— 

(1) improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the State safety data 

that is needed to identify priorities for Federal, State, and local 

highway and traffic safety programs; 

(2) evaluate the effectiveness of efforts to make such improvements; 

(3) link the State data systems, including traffic records, with 

other data systems within the State, such as systems that contain medical, roadway, and economic data; 

(4) improve the compatibility and interoperability of the data 

systems of the State with national data systems and data systems of other States; and 

(5) enhance the ability of the Secretary to observe and analyze 

national trends in crash occurrences, rates, outcomes, and circumstances. 

(b) FEDERAL SHARE.—The Federal share of the cost of adopting 

and implementing in a fiscal year a State program described in this 

section may not exceed 80 percent. 

(c) ELIGIBILITY.—A State is not eligible for a grant under this section in a fiscal year unless the State demonstrates, to the satisfaction of the Secretary, that the State— 

(1) has a functioning traffic records coordinating committee 

(referred to in this subsection as ‘‘TRCC’’) that meets at least 3 

times a year; 

(2) has designated a TRCC coordinator; 

(3) has established a State traffic record strategic plan that 

has been approved by the TRCC and describes specific quantifiable and measurable improvements anticipated in the State’s 

core safety databases, including crash, citation or adjudication, 

driver, emergency medical services or injury surveillance system, roadway, and vehicle databases; 


tjames on DSK6SPTVN1PROD with 
45 

(4) has demonstrated quantitative progress in relation to the 

significant data program attribute of— 

(A) accuracy; 

(B) completeness; 

(C) timeliness; 

(D) uniformity; 

(E) accessibility; or 

(F) integration of a core highway safety database; and 

(5) has certified to the Secretary that an assessment of the 

State’s highway safety data and traffic records system was conducted or updated during the preceding 5 years. 

(d) USE OF GRANT AMOUNTS.—Grant funds received by a State 

under this section shall be used for making data program improvements to core highway safety databases related to quantifiable, 

measurable progress in any of the 6 significant data program attributes set forth in subsection (c)(4). 

(e) GRANT AMOUNT.—The allocation of grant funds under this 

section to a State for a fiscal year shall be in proportion to the 

State’s apportionment under section 402 for fiscal year 2009. 

ø§ 410. Alcohol-impaired driving countermeasures 

ø(a) GENERAL AUTHORITY.— ø(1) AUTHORITY TO MAKE GRANTS.—Subject to the requirements of this section, the Secretary shall make grants to 

States that adopt and implement effective programs to reduce 

traffic safety problems resulting from individuals driving while 

under the influence of alcohol. Such grants may only be used 

by recipient States to implement and enforce such programs. 

ø(2) MAINTENANCE OF EFFORT.—No grant may be made to a 

State under this subsection in any fiscal year unless the State 

enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its 

aggregate expenditures from all other sources for alcohol traffic 

safety programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of 

the SAFETEA-LU. 

ø(3) FEDERAL SHARE.—The Federal share of the cost of implementing and enforcing in a fiscal year a program adopted 

by a State pursuant to paragraph (1) shall not exceed— 

ø(A) in each of the first and second fiscal years in which 

the State receives a grant under this section, 75 percent; 

ø(B) in each of the third and fourth fiscal years in which 

the State receives a grant under this section, 50 percent; 

and 

ø(C) in each of the fifth through eleventh fiscal years in 

which the State receives a grant under this section, 25 percent. 

ø(b) ELIGIBILITY REQUIREMENTS.—To be eligible for a grant 

under subsection (a), a State shall— 

ø(1) have an alcohol related fatality rate of 0.5 or less per 

100,000,000 vehicle miles traveled as of the date of the grant, 

as determined by the Secretary using the most recent Fatality 

Analysis Reporting System of the National Highway Traffic 

Safety Administration; or 

ø(2) 


tjames on DSK6SPTVN1PROD with 
46 

ø(A) for fiscal year 2006 by carrying out 3 of the programs and activities under subsection (c); 

ø(B) for fiscal year 2007 by carrying out 4 of the programs and activities under subsection (c); or 

ø(C) for each of fiscal years 2008 through 2012 by carrying out 5 of the programs and activities under subsection 

(c). 

ø(c) STATE PROGRAMS AND ACTIVITIES.—The programs and activities referred to in subsection (b) are the following: 

ø(1) CHECK POINT, SATURATION PATROL PROGRAM.—A State 

program to conduct a series of high visibility, statewide law enforcement campaigns in which law enforcement personnel monitor for impaired driving, either through the use of sobriety 

check points or saturation patrols, on a nondiscriminatory, 

lawful basis for the purpose of determining whether the operators of the motor vehicles are driving while under the influence 

of alcohol— 

ø(A) if the State organizes the campaigns in cooperation 

with related periodic national campaigns organized by the 

National Highway Traffic Safety Administration, except 

that this subparagraph does not preclude a State from initiating sustained high visibility, Statewide law enforcement campaigns independently of the cooperative efforts; 

and 

ø(B) if, for each fiscal year, the State demonstrates to 

the Secretary that the State and the political subdivisions 

of the State that receive funds under this section have increased, in the aggregate, the total number of impaired 

driving law enforcement activities at high incident locations (or any other similar activity approved by the Secretary) initiated in such State during the preceding fiscal 

year by a factor that the Secretary determines meaningful 

for the State over the number of such activities initiated 

in such State during the preceding fiscal year. 

ø(2) PROSECUTION AND ADJUDICATION OUTREACH PROGRAM.— A State prosecution and adjudication program under which— 

ø(A) the State works to reduce the use of diversion programs by educating and informing prosecutors and judges 

through various outreach methods about the benefits and 

merits of prosecuting and adjudicating defendants who repeatedly commit impaired driving offenses; 

ø(B) the courts in a majority of the judicial jurisdictions 

of the State are monitored on the courts’ adjudication of 

cases of impaired driving offenses; or 

ø(C) annual statewide outreach is provided for judges 

and prosecutors on innovative approaches to the prosecution and adjudication of cases of impaired driving offenses 

that have the potential for significantly improving the 

prosecution and adjudication of such cases. 

ø(3) TESTING OF BAC.—An effective system for increasing 

from the previous year the rate of blood alcohol concentration 

testing of motor vehicle drivers involved in fatal accidents. 

ø(4) HIGH RISK DRIVERS.—A law that establishes stronger 

sanctions or additional penalties for individuals convicted of 

operating a motor vehicle while under the influence of alcohol 


tjames on DSK6SPTVN1PROD with 
47 

whose blood alcohol concentration is 0.15 percent or more than 

for individuals convicted of the same offense but with a lower 

blood alcohol concentration. For purposes of this paragraph, 

‘‘additional penalties’’ includes— 

ø(A) a 1-year suspension of a driver’s license, but with 

the individual whose license is suspended becoming eligible after 45 days of such suspension to obtain a provisional 

driver’s license that would permit the individual to drive— 

ø(i) only to and from the individual’s place of employment or school; and 

ø(ii) only in an automobile equipped with a certified 

alcohol ignition interlock device; and 

ø(B) a mandatory assessment by a certified substance 

abuse official of whether the individual has an alcohol 

abuse problem with possible referral to counseling if the 

official determines that such a referral is appropriate. 

ø(5) PROGRAMS FOR EFFECTIVE ALCOHOL REHABILITATION AND

DWI COURTS.—A program for effective inpatient and outpatient 

alcohol rehabilitation based on mandatory assessment and appropriate treatment for repeat offenders or a program to refer 

impaired driving cases to courts that specialize in driving 

while impaired cases that emphasize the close supervision of 

high-risk offenders. 

ø(6) UNDERAGE DRINKING PROGRAM.—An effective strategy, 

as determined by the Secretary, for preventing operators of 

motor vehicles under age 21 from obtaining alcoholic beverages 

and for preventing persons from making alcoholic beverages 

available to individuals under age 21. Such a strategy may include— 

ø(A) the issuance of tamper-resistant drivers’ licenses to 

individuals under age 21 that are easily distinguishable in 

appearance from drivers’ licenses issued to individuals age 

21 or older; and 

ø(B) a program provided by a nonprofit organization for 

training point of sale personnel concerning, at a minimum— 

ø(i) the clinical effects of alcohol; 

ø(ii) methods of preventing second party sales of alcohol; 

ø(iii) recognizing signs of intoxication; 

ø(iv) methods to prevent underage drinking; and 

ø(v) Federal, State, and local laws that are relevant 

to such personnel; and 

ø(C) having a law in effect that creates a 0.02 percent 

blood alcohol content limit for drivers under 21 years old. 

ø(7) ADMINISTRATIVE LICENSE REVOCATION.—An administrative driver’s license suspension or revocation system for individuals who operate motor vehicles while under the influence 

of alcohol that requires that— 

ø(A) in the case of an individual who, in any 5-year period beginning after the date of enactment of the Transportation Equity Act for the 21st Century, is determined on 

the basis of a chemical test to have been operating a motor 

vehicle while under the influence of alcohol or is determined to have refused to submit to such a test as proposed 


tjames on DSK6SPTVN1PROD with 
48 

by a law enforcement officer, the State agency responsible 

for administering drivers’ licenses, upon receipt of the report of the law enforcement officer— 

ø(i) suspend the driver’s license of such individual 

for a period of not less than 90 days if such individual 

is a first offender in such 5-year period; except that 

under such suspension an individual may operate a 

motor vehicle, after the 15-day period beginning on 

the date of the suspension, to and from employment, 

school, or an alcohol treatment program if an ignition 

interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual; and 

ø(ii) suspend the driver’s license of such individual 

for a period of not less than 1 year, or revoke such license, if such individual is a repeat offender in such 

5-year period; except that such individual to operate a 

motor vehicle, after the 45-day period beginning on 

the date of the suspension or revocation, to and from 

employment, school, or an alcohol treatment program 

if an ignition interlock device is installed on each of 

the motor vehicles owned or operated, or both, by the 

individual; and 

ø(B) the suspension and revocation referred to under 

clauses (i) and (ii) take effect not later than 30 days after 

the date on which the individual refused to submit to a 

chemical test or received notice of having been determined 

to be driving under the influence of alcohol, in accordance 

with the procedures of the State. 

ø(8) SELF SUSTAINING IMPAIRED DRIVING PREVENTION PROGRAM.—A program under which a significant portion of the 

fines or surcharges collected from individuals who are fined for 

operating a motor vehicle while under the influence of alcohol 

are returned to communities for comprehensive programs for 

the prevention of impaired driving. 

ø(d) USES OF GRANTS.—Subject to subsection (g)(2), grants made 

under this section may be used for all programs and activities described in subsection (c), and to defray the following costs: 

ø(1) Labor costs, management costs, and equipment procurement costs for the high visibility, Statewide law enforcement 

campaigns under subsection (c)(1). 

ø(2) The costs of the training of law enforcement personnel 

and the procurement of technology and equipment, including 

video equipment and passive alcohol sensors, to counter directly impaired operation of motor vehicles. 

ø(3) The costs of public awareness, advertising, and educational campaigns that publicize use of sobriety check points 

or increased law enforcement efforts to counter impaired operation of motor vehicles. 

ø(4) The costs of public awareness, advertising, and educational campaigns that target impaired operation of motor vehicles by persons under 34 years of age. 

ø(5) The costs of the development and implementation of a 

State impaired operator information system. 

ø(6) The costs of operating programs that result in vehicle 

forfeiture or impoundment or license plate impoundment. 


tjames on DSK6SPTVN1PROD with 
49 

ø(e) ADDITIONAL AUTHORITIES FOR CERTAIN AUTHORIZED USES.— ø(1) COMBINATION OF GRANT PROCEEDS.—Grant funds used 

for a campaign under subsection (d)(3) may be combined, or expended in coordination, with proceeds of grants under section 

402. 

ø(2) COORDINATION OF USES.—Grant funds used for a campaign under paragraph (3) or (4) of subsection (d) may be expended— 

ø(A) in coordination with employers, schools, entities in 

the hospitality industry, and nonprofit traffic safety 

groups; and 

ø(B) in coordination with sporting events and concerts 

and other entertainment events. 

ø(f) ALLOCATION.—Subject to subsection (g), funds made available to carry out this section shall be allocated among States that 

meet the eligibility criteria in subsection (b) on the basis of the apportionment formula under section 402(c). 

ø(g) GRANTS TO HIGH FATALITY RATE STATES.— ø(1) IN GENERAL.—The Secretary shall make a separate 

grant under this section to each State that— 

ø(A) is among the 10 States with the highest impaired 

driving related fatalities as determined by the Secretary 

using the most recent Fatality Analysis Reporting System 

of the National Highway Traffic Safety Administration; 

and 

ø(B) prepares a plan for grant expenditures under this 

subsection that is approved by the Administrator of the 

National Highway Traffic Safety Administration. 

ø(2) REQUIRED USES.—At least one-half of the amounts allocated to States under this subsection may only be used for the 

program described in subsection (c)(1). 

ø(3) ALLOCATION.—Funds made available under this subsection shall be allocated among States described in paragraph 

(1) on the basis of the apportionment formula under section 

402(c), except that no State shall be allocated more than 30 

percent of the funds made available to carry out this subsection for a fiscal year. 

ø(4) FUNDING.—Not more than 15 percent per fiscal year of 

amounts made available to carry out this section for a fiscal 

year shall be made available by the Secretary for making 

grants under this subsection. 

ø(h) APPLICABILITY OF CHAPTER 1.—The provisions contained in 

section 402(d) shall apply to this section. 

ø(i) DEFINITIONS.—In this section, the following definitions apply: 

ø(1) ALCOHOLIC BEVERAGE.—The term ‘‘alcoholic beverage’’ 

has the meaning given such term in section 158(c). 

ø(2) CONTROLLED SUBSTANCES.—The term ‘‘controlled substances’’ has the meaning given such term in section 102(6) of 

the Controlled Substances Act (21 U.S.C. 802(6)). 

ø(3) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ has the 

meaning given such term in section 405. 

ø(4) IMPAIRED OPERATOR.—The term ‘‘impaired operator’’ 

means a person who, while operating a motor vehicle— 

ø(A) has a blood alcohol content of 0.08 percent or higher; or 


tjames on DSK6SPTVN1PROD with 
50 

ø(B) is under the influence of a controlled substance. 

ø(5) IMPAIRED DRIVING RELATED FATALITY RATE.—The term 

‘‘impaired driving related fatality rate’’ means the rate of alcohol related fatalities, as calculated in accordance with regulations which the Administrator of the National Highway Traffic 

Safety Administration shall prescribe.¿ 

§ 410. Impaired driving countermeasures 

(a) GRANTS AUTHORIZED.—Subject to the requirements of this section, the Secretary of Transportation shall award grants to States 

that adopt and implement— 

(1) effective programs to reduce driving under the influence of 

alcohol, drugs, or the combination of alcohol and drugs; or 

(2) alcohol-ignition interlock laws. 

(b) FEDERAL SHARE.—The Federal share of the costs of activities 

funded using amounts from grants under this section may not exceed 80 percent in any fiscal year in which the State receives a 

grant. 

(c) ELIGIBILITY.— 

(1) LOW-RANGE STATES.—Low-range States shall be eligible 

for a grant under this section. 

(2) MID-RANGE STATES.—A mid-range State shall be eligible 

for a grant under this section if— 

(A) a statewide impaired driving task force in the State 

developed a statewide plan during the most recent 3 calendar years to address the problem of impaired driving; or 

(B) the State will convene a statewide impaired driving 

task force to develop such a plan during the first year of 

the grant. 

(3) HIGH-RANGE STATES.—A high-range State shall be eligible 

for a grant under this section if the State— 

(A)(i) conducted an assessment of the State’s impaired 

driving program during the most recent 3 calendar years; 

or 

(ii) will conduct such an assessment during the first 

year of the grant; 

(B) convenes, during the first year of the grant, a statewide impaired driving task force to develop a statewide 

plan that— 

(i) addresses any recommendations from the assessment conducted under subparagraph (A); 

(ii) includes a detailed plan for spending any grant 

funds provided under this section; and 

(iii) describes how such spending supports the statewide program; 

(C)(i) submits the statewide plan to the National Highway Traffic Safety Administration during the first year of 

the grant for the agency’s review and approval; 

(ii) annually updates the statewide plan in each subsequent year of the grant; and 

(iii) submits each updated statewide plan for the 

agency’s review and comment; and 

(D) appoints a full or part-time impaired driving coordinator— 


tjames on DSK6SPTVN1PROD with 
51 

(i) to coordinate the State’s activities to address enforcement and adjudication of laws to address driving 

while impaired by alcohol; and 

(ii) to oversee the implementation of the statewide 

plan. 

(d) USE OF GRANT AMOUNTS.— 

(1) REQUIRED PROGRAMS.—High-range States shall use grant 

funds for— 

(A) high visibility enforcement efforts; and 

(B) any of the activities described in paragraph (2) if— 

(i) the activity is described in the statewide plan; and 

(ii) the Secretary approves the use of funding for 

such activity. 

(2) AUTHORIZED PROGRAMS.—Medium-range and low-range 

States may use grant funds for— 

(A) any of the purposes described in paragraph (1); 

(B) paid and earned media in support of high visibility 

enforcement efforts; 

(C) hiring a full-time impaired driving coordinator of the 

State’s activities to address the enforcement and adjudication of laws regarding driving while impaired by alcohol; 

(D) court support of high visibility enforcement efforts; 

(E) alcohol ignition interlock programs; 

(F) improving blood-alcohol concentration testing and reporting; 

(G) establishing driving while intoxicated courts; 

(H) conducting— 

(i) standardized field sobriety training; 

(ii) advanced roadside impaired driving evaluation 

training; and 

(iii) drug recognition expert training for law enforcement; 

(I) training and education of criminal justice professionals (including law enforcement, prosecutors, judges and 

probation officers) to assist such professionals in handling 

impaired driving cases; 

(J) traffic safety resource prosecutors; 

(K) judicial outreach liaisons; 

(L) equipment and related expenditures used in connection with impaired driving enforcement in accordance with 

criteria established by the National Highway Traffic Safety 

Administration; 

(M) training on the use of alcohol screening and brief 

intervention; 

(N) developing impaired driving information systems; 

and 

(O) costs associated with a ‘‘24-7 sobriety program’’. 

(3) OTHER PROGRAMS.—Low-range States may use grant 

funds for any expenditure designed to reduce impaired driving 

based on problem identification. Medium and high-range States 

may use funds for such expenditures upon approval by the Secretary. 

(e) GRANT AMOUNT.—Subject to subsection (g), the allocation of 

grant funds to a State under this section for a fiscal year shall be 


tjames on DSK6SPTVN1PROD with 
52 

in proportion to the State’s apportionment under section 402(c) for 

fiscal year 2009. 

(f) GRANTS TO STATES THAT ADOPT AND ENFORCE MANDATORY

ALCOHOL-IGNITION INTERLOCK LAWS.— (1) IN GENERAL.—The Secretary shall make a separate grant 

under this section to each State that adopts and is enforcing a 

mandatory alcohol-ignition interlock law for all individuals 

convicted of driving under the influence of alcohol or of driving 

while intoxicated. 

(2) USE OF FUNDS.—Such grants may be used by recipient 

States only for costs associated with the State’s alcohol-ignition 

interlock program, including screening, assessment, and program and offender oversight. 

(3) ALLOCATION.—Funds made available under this subsection shall be allocated among States described in paragraph 

(1) on the basis of the apportionment formula under section 

402(c). 

(4) FUNDING.—Not more than 15 percent of the amounts 

made available to carry out this section in a fiscal year shall 

be made available by the Secretary for making grants under 

this subsection. 

(g) DEFINITIONS.—In this section: 

(1) 24-7 SOBRIETY PROGRAM.—The term ‘‘24-7 sobriety program’’ means a State law or program that authorizes a State 

court or a State agency, as a condition of sentence, probation, 

parole, or work permit, to— 

(A) require an individual who plead guilty or was convicted of driving under the influence of alcohol or drugs to 

totally abstain from alcohol or drugs for a period of time; 

and 

(B) require the individual to be subject to testing for alcohol or drugs— 

(i) at least twice a day; 

(ii) by continuous transdermal alcohol monitoring 

via an electronic monitoring device; or 

(iii) by an alternate method with the concurrence of 

the Secretary. 

(2) AVERAGE IMPAIRED DRIVING FATALITY RATE.—The term 

‘‘average impaired driving fatality rate’’ means the number of 

fatalities in motor vehicle crashes involving a driver with a 

blood alcohol concentration of at least 0.08 for every 

100,000,000 vehicle miles traveled, based on the most recently 

reported 3 calendar years of final data from the Fatality Analysis Reporting System, as calculated in accordance with regulations prescribed by the Administrator of the National Highway 

Traffic Safety Administration. 

(3) HIGH-RANGE STATE.—The term ‘‘high-range State’’ means 

a State that has an average impaired driving fatality rate of 

0.60 or higher. 

(4) LOW-RANGE STATE.—The term ‘‘low-range State’’ means a 

State that has an average impaired driving fatality rate of 0.30 

or lower. 

(5) MID-RANGE STATE.—The term ‘‘mid-range State’’ means a 

State that has an average impaired driving fatality rate that is 

higher than 0.30 and lower than 0.60. 


tjames on DSK6SPTVN1PROD with 
53 

ø§ 411. State highway safety data improvements 

ø(a) GENERAL AUTHORITY.— 

ø(1) AUTHORITY TO MAKE GRANTS.—Subject to the requirements of this section, the Secretary shall make grants to 

States that adopt and implement effective programs— 

ø(A) to improve the timeliness, accuracy, completeness, 

uniformity, and accessibility of the data of the State that 

is needed to identify priorities for national, State, and local 

highway and traffic safety programs; 

ø(B) to evaluate the effectiveness of efforts to make such 

improvements; 

ø(C) to link these State data systems, including traffic 

records, with other data systems within the State, such as 

systems that contain medical and economic data; and 

ø(D) to improve the compatibility of the data system of 

the State with national data systems and data systems of 

other States and to enhance the ability of the Secretary to 

observe and analyze national trends in crash occurrences, 

rates, outcomes, and circumstances. Such grants may be 

used by recipient States only to implement such programs. 

ø(2) MODEL DATA ELEMENTS.—The Secretary, in consultation 

with States and other appropriate parties, shall determine the 

model data elements necessary to observe and analyze national 

trends in crash occurrences, rates, outcomes, and circumstances. In order to become eligible for a grant under this 

section, a State shall demonstrate how the multiyear highway 

safety data and traffic records plan of the State described in 

subsection (b)(1) will be incorporated into data systems of the 

State. 

ø(3) MAINTENANCE OF EFFORT.—No grant may be made to a 

State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary 

may require to ensure that the State will maintain its aggregate expenditures from all other sources for highway safety 

data programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of 

the Transportation Equity Act for the 21st Century. 

ø(4) MAXIMUM PERIOD OF ELIGIBILITY.—No State may receive 

grants under this section in more than 6 fiscal years beginning 

after September 30, 1997. 

ø(5) FEDERAL SHARE.—The Federal share of the cost of implementing and enforcing, as appropriate, in a fiscal year a 

program adopted by a State pursuant to paragraph (1) shall 

not exceed— 

ø(A) in the first and second fiscal years in which the 

State receives a grant under this section, 75 percent; 

ø(B) in the third and fourth fiscal years in which the 

State receives a grant under this section, 50 percent; and 

ø(C) in the fifth and sixth fiscal years in which the State 

receives a grant under this section, 25 percent. 

ø(b) FIRST-YEAR GRANTS.— 

ø(1) ELIGIBILITY.—A State shall become eligible for a firstyear grant under this subsection in a fiscal year if the State 

either— 


tjames on DSK6SPTVN1PROD with 
54 

ø(A) demonstrates, to the satisfaction of the Secretary, 

that the State has— 

ø(i) established a highway safety data and traffic 

records coordinating committee with a multidisciplinary membership, including the administrators, collectors, and users of such data (including the public 

health, injury control, and motor carrier communities); 

ø(ii) completed, within the preceding 5 years, a highway safety data and traffic records assessment or an 

audit of the highway safety data and traffic records 

system of the State; and 

ø(iii) initiated the development of a multiyear highway safety data and traffic records strategic plan 

that— 

ø(I) identifies and prioritizes the highway safety 

data and traffic records needs and goals of the 

State; 

ø(II) identifies performance-based measures by 

which progress toward those goals will be determined; and 

ø(III) will be submitted to the highway safety 

data and traffic records coordinating committee of 

the State for approval; or 

ø(B) provides, to the satisfaction of the Secretary— 

ø(i) a certification that the State has met the requirements of clauses (i) and (ii) of subparagraph (A); 

ø(ii) a multiyear highway safety data and traffic 

records strategic plan that— 

ø(I) meets the requirements of subparagraph 

(A)(iii); and 

ø(II) specifies how the incentive funds of the 

State for the fiscal year will be used to address 

needs and goals identified in the plan; and 

ø(iii) a certification that the highway safety data 

and traffic records coordinating committee of the State 

continues to operate and supports the multiyear plan 

described in clause (ii). 

ø(2) GRANT AMOUNTS.—The amount of a first-year grant 

made to a State for a fiscal year under this subsection shall 

equal— 

ø(A) if the State is eligible for the grant under para- graph (1)(A), $125,000; and 

ø(B) if the State is eligible for the grant under paragraph (1)(B), an amount determined by multiplying— 

ø(i) the amount appropriated to carry out this section for such fiscal year; by 

ø(ii) the ratio that the funds apportioned to the 

State under section 402 for fiscal year 1997 bears to 

the funds apportioned to all States under section 402 

for fiscal year 1997; 

except that no State eligible for a grant under paragraph (1)(B) 

shall receive less than $250,000. 

ø(3) STATES NOT MEETING CRITERIA.—The Secretary may 

award a grant of up to $25,000 for 1 year to any State that 

does not meet the criteria established in paragraph (1). The 


tjames on DSK6SPTVN1PROD with 
55 

grant may only be used to conduct activities needed to enable 

the State to qualify for a first-year grant in the next fiscal 

year. 

ø(c) SUCCEEDING YEAR GRANTS.— 

ø(1) ELIGIBILITY.—A State shall be eligible for a grant under 

this subsection in a fiscal year succeeding the first fiscal year 

in which the State receives a grant under subsection (b) if the 

State, to the satisfaction of the Secretary— 

ø(A) submits or updates a multiyear highway safety data 

and traffic records strategic plan that meets the requirements of subsection (b)(1); 

ø(B) certifies that the highway safety data and traffic 

records coordinating committee of the State continues to 

operate and supports the multiyear plan; and 

ø(C) reports annually on the progress of the State in implementing the multiyear plan. 

ø(2) GRANT AMOUNTS.—The amount of a succeeding year 

grant made to the State for a fiscal year under this paragraph 

shall equal the amount determined by multiplying— 

ø(A) the amount appropriated to carry out this section 

for such fiscal year; by 

ø(B) the ratio that the funds apportioned to the State 

under section 402 for fiscal year 1997 bears to the funds 

apportioned to all States under section 402 for fiscal year 

1997; 

except that no State eligible for a grant under this paragraph 

shall receive less than $225,000. 

ø(d) ADMINISTRATIVE EXPENSES.—Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to 

a deduction not to exceed 5 percent for the necessary costs of administering the provisions of this section. 

ø(e) APPLICABILITY OF CHAPTER 1.—The provisions contained in 

section 402(d) shall apply to this section.¿ 

§ 411. Distracted driving grants 

(a) IN GENERAL.—The Secretary shall award a grant under this 

section to any State that enacts and enforces a statute that meets 

the requirements set forth in subsections (b) and (c). 

(b) PROHIBITION ON TEXTING WHILE DRIVING.—A State statute 

meets the requirements set forth in this subsection if the statute— 

(1) prohibits drivers from texting through a personal wireless 

communications device while driving; 

(2) makes violation of the statute a primary offense; 

(3) establishes— 

(A) a minimum fine for a first violation of the statute; 

and 

(B) increased fines for repeat violations; and 

(4) provides increased civil and criminal penalties than 

would otherwise apply if a vehicle accident is caused by a driver who is using such a device in violation of the statute. 

(c) PROHIBITION ON YOUTH CELL PHONE USE WHILE DRIVING.— 

A State statute meets the requirements set forth in this subsection 

if the statute— 


tjames on DSK6SPTVN1PROD with 
56 

(1) prohibits a driver who is younger than 18 years of age 

from using a personal wireless communications device while 

driving; 

(2) makes violation of the statute a primary offense; 

(3) requires distracted driving issues to be tested as part of 

the State driver’s license examination; 

(4) establishes— 

(A) a minimum fine for a first violation of the statute; 

and 

(B) increased fines for repeat violations; and 

(5) provides increased civil and criminal penalties than 

would otherwise apply if a vehicle accident is caused by a driver who is using such a device in violation of the statute. 

(d) PERMITTED EXCEPTIONS.—A statute that meets the requirements set forth in subsections (b) and (c) may provide exceptions 

for— 

(1) a driver who uses a personal wireless communications device to contact emergency services; 

(2) emergency services personnel who use a personal wireless 

communications device while— 

(A) operating an emergency services vehicle; and 

(B) engaged in the performance of their duties as emergency services personnel; and 

(3) an individual employed as a commercial motor vehicle 

driver or a school bus driver who uses a personal wireless communications device within the scope of such individual’s employment if such use is permitted under the regulations promulgated pursuant to section 31152 of title 49. 

(e) USE OF GRANT FUNDS.—Of the grant funds received by a State 

under this section— 

(1) at least 50 percent shall be used— 

(A) to educate the public through advertising containing 

information about the dangers of texting or using a cell 

phone while driving; 

(B) for traffic signs that notify drivers about the distracted driving law of the State; or 

(C) for law enforcement costs related to the enforcement 

of the distracted driving law; and 

(2) up to 50 percent may be used for other projects that— 

(A) improve traffic safety; and 

(B) are consistent with the criteria set forth in section 

402(a). 

(f) ADDITIONAL GRANTS.—In fiscal year 2012, the Secretary may 

use up to 25 percent of the funding available for grants under this 

section to award grants to States that— 

(1) enacted statutes before July 1, 2011, which meet the requirements under paragraphs (1) and (2) of subsection (b); and 

(2) are otherwise ineligible for a grant under this section. 

(g) DEFINITIONS.—In this section: 

(1) DRIVING.—The term ‘‘driving’’— 

(A) means operating a motor vehicle on a public road, including operation while temporarily stationary because of 

traffic, a traffic light or stop sign, or otherwise; and 

(B) does not include operating a motor vehicle when the 

vehicle has pulled over to the side of, or off, an active roadVerDate Mar 15 2010 05:26 Dec 24, 2012 Jkt 029010 PO 00000 Frm 00058 Fmt 6659 Sfmt 6603 E:\HR\OC\SR261.XXX SR261

tjames on DSK6SPTVN1PROD with 
57 

way and has stopped in a location where it can safely remain stationary. 

(2) PERSONAL WIRELESS COMMUNICATIONS DEVICE.—The term 

‘‘personal wireless communications device’’— 

(A) means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted; and 

(B) does not include a global navigation satellite system 

receiver used for positioning, emergency notification, or 

navigation purposes. 

(3) PRIMARY OFFENSE.—The term ‘‘primary offense’’ means an 

offense for which a law enforcement officer may stop a vehicle 

solely for the purpose of issuing a citation in the absence of evidence of another offense. 

(4) PUBLIC ROAD.—The term ‘‘public road’’ has the meaning 

given that term in section 402(c). 

(5) TEXTING.—The term ‘‘texting’’ means reading from or 

manually entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, 

e-mailing, instant messaging, or engaging in any other form of 

electronic data retrieval or electronic data communication. 

§ 412. Agency accountability 

ø(a) TRIENNIAL STATE MANAGEMENT REVIEWS.—At least once 

every 3 years the Secretary shall conduct a review of each State 

highway safety program. The review shall include a management 

evaluation of all grant programs funded under this chapter. The 

Secretary shall provide review-based recommendations on how 

each State could improve the management and oversight of its 

grant activities and may provide a management and oversight plan 

for such grant programs.¿ 

(a) TRIENNIAL STATE MANAGEMENT REVIEWS.— (1) IN GENERAL.—Except as provided under paragraph (2), 

the Secretary shall conduct a review of each State highway safety program at least once every 3 years. 

(2) EXCEPTIONS.—The Secretary may conduct reviews of the 

highway safety programs of the United States Virgin Islands, 

Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands as often as the Secretary determines to be 

appropriate. 

(3) COMPONENTS.—Reviews under this subsection shall include— 

(A) a management evaluation of all grant programs 

funded under this chapter; 

(B) an assessment of State data collection and evaluation 

relating to performance measures established by the Secretary; 

(C) a comparison of State efforts under subparagraphs 

(A) and (B) to best practices and programs that have been 

evaluated for effectiveness; and 

(D) the development of recommendations on how each 

State could— 

(i) improve the management and oversight of its 

grant activities; and 


tjames on DSK6SPTVN1PROD with 
58 

(ii) provide a management and oversight plan for 

such grant programs. 

(b) RECOMMENDATIONS BEFORE SUBMISSION.—In order to provide 

guidance to State highway safety agencies on matters that should 

be addressed in the goals and initiatives of the State highway safety program before the program is submitted for review, the Secretary shall provide data-based recommendations to each State at 

least 90 days before the date on which the program is to be submitted for approval. 

(c) STATE PROGRAM REVIEW.—The Secretary shall— 

(1) conduct a program improvement review of a highway 

safety program under this chapter of a State that does not 

make substantial progress over a 3-year period in meeting its 

priority program goals; and 

(2) provide technical assistance and safety program requirements to be incorporated in the State highway safety program 

for any goal not achieved. 

(d) REGIONAL HARMONIZATION.—The Secretary and the Inspector 

General of the Department of Transportation shall undertake an 

administrative review of the practices and procedures of the management reviews and program reviews of State highway safety programs under this chapter conducted by the regional offices of the 

National Highway Traffic Safety Administration and prepare a 

written report of best practices and procedures for use by the regional offices in conducting such reviews. The report shall be completed within 180 days after the date of enactment of this section. 

(e) BEST PRACTICES GUIDELINES.— (1) UNIFORM GUIDELINES.—The Secretary shall issue uniform 

management review guidelines and program review guidelines 

based on the report under subsection (d). Each regional office 

shall use the guidelines in executing its State administrative 

review duties under this section. 

(2) PUBLICATION.—The Secretary shall make publicly available on the Web site (or successor electronic facility) of the Administration the following documents upon their completion: 

(A) The Secretary’s management review guidelines and 

program review guidelines. 

(B) All State highway safety programs submitted under 

this chapter. 

(C) State annual accomplishment reports. 

(D) The Administration’s Summary Report of findings 

from Management Reviews and Improvement Plans. 

(3) REPORTS TO STATE HIGHWAY SAFETY AGENCIES.—The Secretary may not make publicly available a program, report, or 

review under paragraph (2) that is directed to a State highway 

safety agency until after the date on which the program, report, or review is submitted to that agency under this chapter. 

ø(f) GAO REVIEW.— 

ø(1) ANALYSIS.—The Comptroller General shall analyze the 

effectiveness of the Administration’s oversight of traffic safety 

grants under this chapter by determining the usefulness of the 

Administration’s advice to the States regarding administration 

and State activities under this chapter, the extent to which the 

States incorporate the Administration’s recommendations into 

their highway safety programs, and the improvements that reVerDate Mar 15 2010 05:26 Dec 24, 2012 Jkt 029010 PO 00000 Frm 00060 Fmt 6659 Sfmt 6601 E:\HR\OC\SR261.XXX SR261

tjames on DSK6SPTVN1PROD with 
59 

sult in a State’s highway safety program that may be attributable to the Administration’s recommendations. 

ø(2) REPORT.—Not later than September 30, 2008, the Comptroller General shall submit a report on the results of the analysis to the Committee on Transportation and Infrastructure of 

the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.¿ 

§ 413. In-vehicle alcohol detection device research 

(a) IN GENERAL.—The Administrator of the National Highway 

Traffic Safety Administration shall carry out a collaborative research effort under chapter 301 of title 49, United States Code, to 

continue to explore the feasibility and the potential benefits of, and 

the public policy challenges associated with, more widespread deployment of in-vehicle technology to prevent alcohol-impaired driving. 

(b) REPORTS.—The Administrator shall submit a report annually 

to the Senate Committee on Commerce, Science, and Transportation 

and the House of Representatives Committee on Transportation and 

Infrastructure— 

(1) describing progress in carrying out the collaborative research effort; and 

(2) including an accounting for the use of Federal funds obligated or expended in carrying out that effort. 

(c) DEFINITIONS.—In this title: 

(1) ALCOHOL-IMPAIRED DRIVING.—The term ‘‘alcohol-impaired 

driving’’ means operation of a motor vehicle (as defined in section 30102(a)(6) of title 49, United States Code) by an individual whose blood alcohol content is at or above the legal 

limit. 

(2) LEGAL LIMIT.—The term ‘‘legal limit’’ means a blood alcohol concentration of 0.08 percent or greater (as specified by 

chapter 163 of title 23, United States Code) or such other percentage limitation as may be established by applicable Federal, 

State, or local law. 

§ 414. State Graduated Driver Licensing Incentive Grant 

(a) GRANTS AUTHORIZED.—Subject to the requirements of this section, the Secretary shall award grants to States that adopt and implement graduated driver licensing laws in accordance with the requirements set forth in subsection (b). 

(b) MINIMUM REQUIREMENTS.— 

(1) IN GENERAL.—A State meets the requirements set forth in 

this subsection if the State has a graduated driver licensing law 

that requires novice drivers younger than 21 years of age to 

comply with the 2-stage licensing process described in paragraph (2) before receiving an unrestricted driver’s license. 

(2) LICENSING PROCESS.—A State is in compliance with the 2- 

stage licensing process described in this paragraph if the State’s 

driver’s license laws include— 

(A) a learner’s permit stage that— 

(i) is at least 6 months in duration; 

(ii) prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation; and 


tjames on DSK6SPTVN1PROD with 
60 

(iii) remains in effect until the driver— 

(I) reaches 16 years of age and enters the intermediate stage; or 

(II) reaches 18 years of age; 

(B) an intermediate stage that— 

(i) commences immediately after the expiration of the 

learner’s permit stage; 

(ii) is at least 6 months in duration; 

(iii) prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation; 

(iv) restricts driving at night; 

(v) prohibits the driver from operating a motor vehicle with more than 1 nonfamilial passenger younger 

than 21 years of age unless a licensed driver who is at 

least 21 years of age is in the motor vehicle; and 

(vi) remains in effect until the driver reaches 18 

years of age; and 

(C) any other requirement prescribed by the Secretary of 

Transportation, including— 

(i) in the learner’s permit stage— 

(I) at least 40 hours of behind-the-wheel training 

with a licensed driver who is at least 21 years of 

age; 

(II) a driver training course; and 

(III) a requirement that the driver be accompanied and supervised by a licensed driver, who is 

at least 21 years of age, at all times while such 

driver is operating a motor vehicle; and 

(ii) in the learner’s permit or intermediate stage, a 

requirement, in addition to any other penalties imposed by State law, that the grant of an unrestricted 

driver’s license be automatically delayed for any individual who, during the learner’s permit or intermediate 

stage, is convicted of a driving-related offense, including— 

(I) driving while intoxicated; 

(II) misrepresentation of his or her true age; 

(III) reckless driving; 

(IV) driving without wearing a seat belt; 

(V) speeding; or 

(VI) any other driving-related offense, as determined by the Secretary. 

(c) RULEMAKING.— 

(1) IN GENERAL.—The Secretary shall promulgate regulations 

necessary to implement the requirements under subsection (b), 

in accordance with the notice and comment provisions under 

section 553 of title 5, United States Code. 

(2) EXCEPTION.—A State that otherwise meets the minimum 

requirements set forth in subsection (b) shall be deemed by the 

Secretary to be in compliance with the requirement set forth in 

subsection (b) if the State enacted a law before January 1, 2011, 

establishing a class of license that permits licensees or applicants younger than 18 years of age to drive a motor vehicle— 


tjames on DSK6SPTVN1PROD with 
61 

(A) in connection with work performed on, or for the operation of, a farm owned by family members who are directly related to the applicant or licensee; or 

(B) if demonstrable hardship would result from the denial of a license to the licensees or applicants. 

(d) ALLOCATION.—Grant funds allocated to a State under this section for a fiscal year shall be in proportion to a State’s apportionment under section 402 for such fiscal year. 

(e) USE OF FUNDS.—Grant funds received by a State under this 

section may be used for— 

(1) enforcing a 2-stage licensing process that complies with 

subsection (b)(2); 

(2) training for law enforcement personnel and other relevant 

State agency personnel relating to the enforcement described in 

paragraph (1); 

(3) publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law; 

(4) carrying out other administrative activities that the Secretary considers relevant to the State’s 2-stage licensing process; 

and 

(5) carrying out a teen traffic safety program described in section 402(m). 

TITLE 49. TRANSPORTATION 

SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS

PART A. GENERAL

CHAPTER 301. MOTOR VEHICLE SAFETY

SUBCHAPTER I. GENERAL

§ 30102. Definitions 

(a) GENERAL DEFINITIONS.—In this chapter— 

(1) ‘‘dealer’’ means a person selling and distributing new 

motor vehicles or motor vehicle equipment primarily to purchasers that in good faith purchase the vehicles or equipment 

other than for resale. 

(2) ‘‘defect’’ includes any defect in performance, construction, 

a component, or material of a motor vehicle or motor vehicle 

equipment. 

(3) ‘‘distributor’’ means a person primarily selling and distributing motor vehicles or motor vehicle equipment for resale. 

(4) ‘‘interstate commerce’’ means commerce between a place 

in a State and a place in another State or between places in 

the same State through another State. 

(5) ‘‘manufacturer’’ means a person— 

(A) manufacturing or assembling motor vehicles or 

motor vehicle equipment; or 

(B) importing motor vehicles or motor vehicle equipment 

for resale. 

(6) ‘‘motor vehicle’’ means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public 

streets, roads, and highways, but does not include a vehicle operated only on a rail line. 

(7) ‘‘motor vehicle equipment’’ means— 


tjames on DSK6SPTVN1PROD with 
62 

(A) any system, part, or component of a motor vehicle as 

originally manufactured; 

(B) any similar part or component manufactured or sold 

for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; 

or 

ø(C) any device or an article or apparel (except medicine 

or eyeglasses prescribed by a licensed practitioner) that is 

not a system, part, or component of a motor vehicle and is 

manufactured, sold, delivered, offered, or intended to be 

used only to safeguard motor vehicles and highway users 

against risk of accident, injury, or death.¿ 

(C) any device or an article or apparel, including a motorcycle helmet and excluding medicine or eyeglasses prescribed by a licensed practitioner, that— 

(i) is not a system, part, or component of a motor vehicle; and 

(ii) is manufactured, sold, delivered, or offered to be 

sold for use on public streets, roads, and highways 

with the apparent purpose of safeguarding motor vehicles and highway users against risk of accident, injury, 

or death. 

(8) ‘‘motor vehicle safety’’ means the performance of a motor 

vehicle or motor vehicle equipment in a way that protects the 

public against unreasonable risk of accidents occurring because 

of the design, construction, or performance of a motor vehicle, 

and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle. 

(9) ‘‘motor vehicle safety standard’’ means a minimum standard for motor vehicle or motor vehicle equipment performance. 

(10) ‘‘State’’ means a State of the United States, the District 

of Columbia, Puerto Rico, the Northern Mariana Islands, 

Guam, American Samoa, and the Virgin Islands. 

(11) ‘‘United States district court’’ means a district court of 

the United States, a United States court for Guam, the Virgin 

Islands, and American Samoa, and the district court for the 

Northern Mariana Islands. 

(b) LIMITED DEFINITIONS.— 

(1) In sections 30117(b), 30118-30121, and 30166(f) of this 

title— 

(A) ‘‘adequate repair’’ does not include repair resulting in 

substantially impaired operation of a motor vehicle or 

motor vehicle equipment; 

(B) ‘‘first purchaser’’ means the first purchaser of a 

motor vehicle or motor vehicle equipment other than for 

resale; 

(C) ‘‘original equipment’’ means motor vehicle equipment 

(including a tire) installed in or on a motor vehicle at the 

time of delivery to the first purchaser; 

(D) ‘‘replacement equipment’’ means motor vehicle equipment (including a tire) that is not original equipment; 

(E) a brand name owner of a tire marketed under a 

brand name not owned by the manufacturer of the tire is 

deemed to be the manufacturer of the tire; 


tjames on DSK6SPTVN1PROD with 
63 

(F) a defect in original equipment, or noncompliance of 

original equipment with a motor vehicle safety standard 

prescribed under this chapter, is deemed to be a defect or 

noncompliance of the motor vehicle in or on which the 

equipment was installed at the time of delivery to the first 

purchaser; 

(G) a manufacturer of a motor vehicle in or on which 

original equipment was installed when delivered to the 

first purchaser is deemed to be the manufacturer of the 

equipment; and 

(H) a retreader of a tire is deemed to be the manufacturer of the tire. 

(2) The Secretary of Transportation may prescribe regulations changing paragraph (1)(C), (D), (F), or (G) of this subsection. 

§ 30107. Restriction on covered motor vehicle safety officials 

(a) IN GENERAL.—During the 2-year period after the termination 

of his or her service or employment, a covered vehicle safety official 

may not knowingly make, with the intent to influence, any communication to or appearance before any officer or employee of the National Highway Traffic Safety Administration on behalf of any 

manufacturer subject to regulation under this chapter in connection 

with any matter involving motor vehicle safety on which such person seeks official action by any officer or employee of the National 

Highway Traffic Safety Administration. 

(b) MANUFACTURERS.—It is unlawful for any manufacturer or 

other person subject to regulation under this chapter to employ or 

contract for the services of an individual to whom subsection (a) applies during the 2-year period commencing on the individual’s termination of employment with the National Highway Traffic Safety 

Administration in a capacity in which the individual is prohibited 

from serving during that period. 

(c) SPECIAL RULE FOR DETAILEES.—For purposes of this section, 

a person who is detailed from 1 department, agency, or other entity 

to another department, agency, or other entity shall, during the period such person is detailed, be deemed to be an officer or employee 

of both departments, agencies, or such entities. 

(d) SAVINGS PROVISION.—Nothing in this section may be construed to expand, contract, or otherwise affect the application of any 

waiver or criminal penalties under section 207 of title 18. 

(e) EXCEPTION FOR TESTIMONY.—Nothing in this section may be 

construed to prevent an individual from giving testimony under 

oath, or from making statements required to be made under penalty 

of perjury. 

(f) DEFINED TERM.—In this section, the term ‘‘covered vehicle safety official’’ means any officer or employee of the National Highway 

Traffic Safety Administration— 

(1) who, during the final 12 months of his or her service or 

employment with the agency, serves or served in a technical or 

legal capacity, and whose job responsibilities include or included vehicle safety defect investigation, vehicle safety compliance, vehicle safety rulemaking, or vehicle safety research; and 

(2) who serves in a supervisory or management capacity over 

an officer or employee described in paragraph (1). 


tjames on DSK6SPTVN1PROD with 
64 

(g) EFFECTIVE DATE.—This section shall apply to covered vehicle 

safety officials who terminate service or employment with the National Highway Traffic Safety Administration after the date of enactment of the Motor Vehicle and Highway Safety Improvement Act 

of 2011. 

SUBCHAPTER II. STANDARDS AND COMPLIANCE

§ 30112. Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment 

(a) GENERAL.— 

(1) Except as provided in this section, sections 30113 and 

30114 of this title, and subchapter III of this chapter, a person 

may not manufacture for sale, sell, offer for sale, introduce or 

deliver for introduction in interstate commerce, or import into 

the United States, any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor 

vehicle safety standard prescribed under this chapter takes effect unless the vehicle or equipment complies with the standard and is covered by a certification issued under section 30115 

of this title. 

(2) Except as provided in this section, sections 30113 and 

30114 of this title, and subchapter III of this chapter, a school 

or school system may not purchase or lease a new 15-passenger van if it will be used significantly by, or on behalf of, 

the school or school system to transport preprimary, primary, 

or secondary school students to or from school or an event related to school, unless the 15-passenger van complies with the 

motor vehicle standards prescribed for school buses and multifunction school activity buses under this title. This paragraph 

does not apply to the purchase or lease of a 15-passenger van 

under a contract executed before the date of enactment of this 

paragraph. 

(3) Except as provided in this section, section 30114, subsections (i) and (j) of section 30120, and subchapter III, a person may not sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States 

any motor vehicle or motor vehicle equipment if the vehicle or 

equipment contains a defect related to motor vehicle safety 

about which notice was given under section 30118(c) or an 

order was issued under section 30118(b). Nothing in this paragraph may be construed to prohibit the importation of a new 

motor vehicle that receives a required recall remedy before being 

sold to a consumer in the United States. 

(b) NONAPPLICATION.—This section does not apply to— 

(1) the sale, offer for sale, or introduction or delivery for introduction in interstate commerce of a motor vehicle or motor 

vehicle equipment after the first purchase of the vehicle or 

equipment in good faith other than for resale; 

(2) a person— 

(A) establishing that the person had no reason to know, 

despite exercising reasonable care, that a motor vehicle or 

motor vehicle equipment does not comply with applicable 

motor vehicle safety standards prescribed under this chapter; øor¿ 


tjames on DSK6SPTVN1PROD with 
65 

(B) holding, without knowing about the noncompliance 

and before the vehicle or equipment is first purchased in 

good faith other than for resale, a certificate issued by a 

manufacturer or importer stating the vehicle or equipment 

complies with applicable standards prescribed under this 

chapter; or 

(C) having no reason to know, despite exercising reasonable care, that a motor vehicle or motor vehicle equipment 

contains a defect related to motor vehicle safety about 

which notice was given under section 30118(c) or an order 

was issued under section 30118(b); 

(3) a motor vehicle or motor vehicle equipment intended only 

for export, labeled for export on the vehicle or equipment and 

on the outside of any container of the vehicle or equipment, 

and exported; 

(4) a motor vehicle the Secretary of Transportation decides 

under section 30141 of this title is capable of complying with 

applicable standards prescribed under this chapter; 

(5) a motor vehicle imported for personal use by an individual who receives an exemption under section 30142 of this 

title; 

(6) a motor vehicle under section 30143 of this title imported 

by an individual employed outside the United States; 

(7) a motor vehicle under section 30144 of this title imported 

on a temporary basis; 

(8) a motor vehicle or item of motor vehicle equipment under 

section 30145 of this title requiring further manufacturing; or 

(9) a motor vehicle that is at least 25 years old. 

§ 30119. Notification procedures 

(a) CONTENTS OF NOTIFICATION.—Notification by a manufacturer 

required under section 30118 of this title of a defect or noncompliance shall contain— 

(1) a clear description of the defect or noncompliance; 

(2) an evaluation of the risk to motor vehicle safety reasonably related to the defect or noncompliance; 

(3) the measures to be taken to obtain a remedy of the defect 

or noncompliance; 

(4) a statement that the manufacturer giving notice will remedy the defect or noncompliance without charge under section 

30120 of this title; 

(5) the earliest date on which the defect or noncompliance 

will be remedied without charge, and for tires, the period during which the defect or noncompliance will be remedied without charge under section 30120 of this title; 

(6) the procedure the recipient of a notice is to follow to inform the Secretary of Transportation when a manufacturer, 

distributor, or dealer does not remedy the defect or noncompliance without charge under section 30120 of this title; and 

(7) other information the Secretary prescribes by regulation. 

(b) EARLIEST REMEDY DATE.—The date specified by a manufacturer in a notification under subsection (a)(5) of this section or section 30121(c)(2) of this title is the earliest date that parts and facilities reasonably can be expected to be available to remedy the defect or noncompliance. The Secretary may disapprove the date. 


tjames on DSK6SPTVN1PROD with 
66 

(c) TIME FOR NOTIFICATION.—Notification required under section 

30118 of this title shall be given within a reasonable time— 

(1) prescribed by the Secretary, after the manufacturer receives notice of a final decision under section 30118(b) of this 

title; or 

(2) after the manufacturer first decides that a safety-related 

defect or noncompliance exists under section 30118(c) of this 

title. 

(d) MEANS OF PROVIDING NOTIFICATION.— (1) Notification required under section 30118 of this title 

about a motor vehicle shall be sent øby first class mail¿ in the 

manner prescribed by the Secretary, by regulation— (A) to each person registered under State law as the 

owner and whose name and address are reasonably ascertainable by the manufacturer through State records or 

other available sources; or 

(B) if a registered owner is not notified under clause (A) 

of this paragraph, to the most recent purchaser known to 

the manufacturer. 

(2) Notification required under section 30118 of this title 

about replacement equipment ø(except a tire) shall be sent by 

first class mail¿ shall be sent in the manner prescribed by the 

Secretary, by regulation to the most recent purchaser known to 

the manufacturer. øIn addition, if the Secretary decides that 

public notice is required for motor vehicle safety, public notice 

shall be given in the way required by the Secretary after consulting with the manufacturer.¿ 

(3) øNotification required under section 30118 of this title 

about a tire shall be sent by first class mail (or, if the manufacturer prefers, by certified mail) to the most recent purchaser 

known to the manufacturer.¿ In addition to the notification required under paragraphs (1) and (2), if the Secretary decides 

that public notice is required for motor vehicle safety, public 

notice shall be given by the manufacturer in the way required 

by the Secretary after consulting with the manufacturer. In deciding whether public notice is required, the Secretary shall 

consider— 

(A) the magnitude of the risk to motor vehicle safety 

caused by the defect or noncompliance; and 

(B) the cost of public notice compared to the additional 

number of owners the notice may reach. 

(4) A dealer to whom a motor vehicle or replacement equipment was delivered shall be notified øby certified mail or 

quicker means if available¿ in the manner prescribed by the 

Secretary, by regulation. 

(e) øSECOND¿ ADDITIONAL NOTIFICATION.—øIf the Secretary¿ 

(1) SECOND NOTIFICATION.—If the Secretary decides that a 

notification sent by a manufacturer under this section has not 

resulted in an adequate number of motor vehicles or items of 

replacement equipment being returned for remedy, the Secretary may order the manufacturer to send a 2d notification in 

the way the Secretary prescribes by regulation. 

(2) ADDITIONAL NOTIFICATIONS.—If the Secretary determines, 

after considering the severity of the defect or noncompliance, 

that the second notification by a manufacturer does not result 


tjames on DSK6SPTVN1PROD with 
67 

in an adequate number of motor vehicles or items of replacement equipment being returned for remedy, the Secretary may 

order the manufacturer— 

(A) to send additional notifications in the manner prescribed by the Secretary, by regulation; 

(B) to take additional steps to locate and notify each person registered under State law as the owner or lessee or the 

most recent purchaser or lessee, as appropriate; and 

(C) to emphasize the magnitude of the safety risk caused 

by the defect or noncompliance in such notification. 

(f) NOTIFICATION BY LESSOR TO LESSEE.— (1) In this subsection, ‘‘leased motor vehicle’’ means a motor 

vehicle that is leased to a person for at least 4 months by a 

lessor that has leased at least 5 motor vehicles in the 12 

months before the date of the notification. 

(2) A lessor that receives a notification required by section 

30118 of this title about a leased motor vehicle shall provide 

a copy of the notification to the lessee in the way the Secretary 

prescribes by regulation. 

§ 30120. Remedies for defects and noncompliance 

(a) WAYS TO REMEDY.— (1) Subject to subsections (f) and (g) of this section, when notification of a defect or noncompliance is required under section 

30118(b) or (c) of this title, the manufacturer of the defective 

or noncomplying motor vehicle or replacement equipment shall 

remedy the defect or noncompliance without charge when the 

vehicle or equipment is presented for remedy. Subject to subsections (b) and (c) of this section, the manufacturer shall remedy the defect or noncompliance in any of the following ways 

the manufacturer chooses: 

(A) if a vehicle— 

(i) by repairing the vehicle; 

(ii) by replacing the vehicle with an identical or reasonably equivalent vehicle; or 

(iii) by refunding the purchase price, less a reasonable allowance for depreciation. 

ø(B) if replacement equipment, by repairing the equipment or replacing the equipment with identical or reasonably equivalent equipment.¿ 

(B) if replacement equipment, by repairing the equipment, replacing the equipment with identical or reasonably 

equivalent equipment, or by refunding the purchase price. 

(2) The Secretary of Transportation may prescribe regulations to allow the manufacturer to impose conditions on the replacement of a motor vehicle or refund of its price. 

* * * * * * * 

(i) LIMITATION ON SALE OR LEASE OF NEW VEHICLES OR EQUIP- MENT.— 

(1) If notification is required by an order under section 

30118(b) of this title or is required under section 30118(c) of 

this title and the manufacturer has provided to a dealer (including retailers of motor vehicle equipment) notification about 

a new motor vehicle or new item of replacement equipment in 

the dealer’s possession at the time of notification that contains 


tjames on DSK6SPTVN1PROD with 
68 

a defect related to motor vehicle safety or does not comply with 

an applicable motor vehicle safety standard prescribed under 

this chapter, the dealer may sell or lease the motor vehicle or 

item of replacement equipment only if— 

(A) the defect or noncompliance is remedied as required 

by this section before delivery under the sale or lease; or 

(B) when the notification is required by an order under 

section 30118(b) of this title, enforcement of the order is 

restrained or the order is set aside in a civil action to 

which section 30121(d) of this title applies. 

(2) This subsection does not prohibit a dealer from offering 

for sale or lease the vehicle or equipment. 

(j) PROHIBITION ON SALES OF øREPLACED¿ REPLACEMENT EQUIPMENT.—No person may sell or lease any motor vehicle equipment 

(including a tire), for installation on a motor vehicle, that is the 

subject of a decision under section 30118(b) or a notice required 

under section 30118(c) in a condition that it may be reasonably 

used for its original purpose unless— 

(1) the defect or noncompliance is remedied as required by 

this section before delivery under the sale or lease; or 

(2) notification of the defect or noncompliance is required 

under section 30118(b) but enforcement of the order is set 

aside in a civil action to which section 30121(d) applies. 

§ 30120A. Recall obligations and bankruptcy of a manufacturer 

A manufacturer’s filing of a petition in bankruptcy under chapter 

11 of title 11, does not negate the manufacturer’s duty to comply 

with section 30112 or sections 30115 through 30120 of this title. In 

any bankruptcy proceeding, the manufacturer’s obligations under 

such sections shall be treated as a claim of the United States Government against such manufacturer, subject to subchapter II of 

chapter 37 of title 31, United States Code, and given priority, pursuant to section 3710 of such chapter, to ensure that consumers are 

adequately protected from any safety defect or noncompliance determined to exist in the manufacturer’s products. This section shall 

apply equally to actions of a manufacturer taken before or after the 

filing of a petition in bankruptcy. 

§ 30122. Making safety devices and elements inoperative 

(a) DEFINITION.—In this section, ‘‘motor vehicle repair business’’ 

means a person holding itself out to the public to repair for compensation a motor vehicle or motor vehicle equipment. 

(b) PROHIBITION.—A manufacturer, distributor, dealer, or motor 

vehicle repair business may not knowingly make inoperative any 

part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable 

motor vehicle safety standard prescribed under this chapter unless 

the manufacturer, distributor, dealer, or repair business reasonably 

believes the vehicle or equipment will not be used (except for testing or a similar purpose during maintenance or repair) when the 

device or element is inoperative. 

(c) REGULATIONS.—The Secretary of Transportation may prescribe regulations— 


tjames on DSK6SPTVN1PROD with 
69 

(1) to exempt a person from this section if the Secretary decides the exemption is consistent with motor vehicle safety and 

section 30101 of this title; and 

(2) to define ‘‘make inoperative’’. 

ø(d) NONAPPLICATION.—This section does not apply to a safety 

belt interlock or buzzer designed to indicate a safety belt is not in 

use as described in section 30124 of this title.¿ 

ø§ 30124. Buzzers indicating nonuse of safety belts 

A motor vehicle safety standard prescribed under this chapter 

may not require or allow a manufacturer to comply with the standard by using a safety belt interlock designed to prevent starting or 

operating a motor vehicle if an occupant is not using a safety belt 

or a buzzer designed to indicate a safety belt is not in use, except 

a buzzer that operates only during the 8-second period after the ignition is turned to the ‘‘start’’ or ‘‘on’’ position.¿ 

§ 30124. Nonuse of safety belts 

A motor vehicle safety standard prescribed under this chapter 

may not require a manufacturer to comply with the standard by 

using a safety belt interlock designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt. 

SUBCHAPTER III. IMPORTING øNONCOMPLYING¿ MOTOR VEHICLES AND

EQUIPMENT

§ 30147. Responsibility for defects and noncompliance 

(a) DEEMING DEFECT OR NONCOMPLIANCE TO CERTAIN VEHICLES

AND IMPORTER AS MANUFACTURER.— 

(1) In carrying out sections 30117(b), 30118-30121, and 

30166(f) of this title— 

(A) for a defect or noncompliance with an applicable 

motor vehicle safety standard prescribed under this chapter for a motor vehicle originally manufactured for import 

into the United States, an imported motor vehicle having 

a valid certification under section 30146(a)(1) of this title 

and decided to be substantially similar to that motor vehicle shall be deemed as having the same defect or as not 

complying with the same standard unless the manufacturer or importer registered under section 30141(c) of this 

title demonstrates otherwise to the Secretary of Transportation; and 

(B) the registered importer shall be deemed to be the 

manufacturer of any motor vehicle that the importer imports or brings into compliance with the standards for an 

individual under section 30142 of this title. 

(2) The Secretary shall publish in the Federal Register notice 

of any defect or noncompliance under paragraph (1)(A) of this 

subsection. 

ø(b) FINANCIAL RESPONSIBILITY REQUIREMENT.—The Secretary 

shall require by regulation each registered importer (including any 

successor in interest) to provide and maintain evidence, satisfactory to the Secretary, of sufficient financial responsibility to meet 

its obligations under sections 30117(b), 30118-30121, and 30166(f) 

of this title.¿ 


tjames on DSK6SPTVN1PROD with 
70 

(b) FINANCIAL RESPONSIBILITY REQUIREMENT.— 

(1) RULEMAKING.—The Secretary of Transportation may issue 

regulations requiring each person that imports a motor vehicle 

or motor vehicle equipment into the customs territory of the 

United States, including a registered importer (or any successor 

in interest), provide and maintain evidence, satisfactory to the 

Secretary, of sufficient financial responsibility to meet its obligations under section 30117(b), sections 30118 through 30121, 

and section 30166(f). 

(2) REFUSAL OF ADMISSION.—If the Secretary of Transportation believes that a person described in paragraph (1) has not 

provided and maintained evidence of sufficient financial responsibility to meet the obligations referred to in paragraph (1), 

the Secretary of Homeland Security may refuse the admission 

into the customs territory of the United States of any motor vehicle or motor vehicle equipment imported by the person. 

(3) EXCEPTION.—This subsection shall not apply to original 

manufacturers (or wholly owned subsidiaries) of motor vehicles 

that, prior to the date of enactment of the Motor Vehicle and 

Highway Safety Improvement Act of 2011— 

(A) have imported motor vehicles into the United States 

that are certified to comply with all applicable Federal 

motor vehicle safety standards; 

(B) have submitted to the Secretary appropriate manufacturer identification information under part 566 of title 49, 

Code of Federal Regulations; and 

(C) if applicable, have identified a current agent for service of process in accordance with part 551 of title 49, Code 

of Federal Regulations. 

SUBCHAPTER IV. ENFORCEMENT AND ADMINISTRATIVE

§ 30164. Service of process; conditions on importation of vehicles and equipment 

(a) DESIGNATING AGENTS.—A manufacturer offering a motor vehicle or motor vehicle equipment for import shall designate an 

agent on whom service of notices and process in administrative and 

judicial proceedings may be made. The designation shall be in writing and filed with the Secretary of Transportation. The designation 

may be changed in the same way as originally made. 

(b) SERVICE.—An agent may be served at the agent’s office or 

usual place of residence. Service on the agent is deemed to be service on the manufacturer. If a manufacturer does not designate an 

agent, service may be made by posting the notice or process in the 

office of the Secretary. 

(c) IDENTIFYING INFORMATION.—A manufacturer (including an 

importer) offering a motor vehicle or motor vehicle equipment for 

import shall provide such information as the Secretary may, by 

rule, request including— 

(1) the product by name and the manufacturer’s address; and 

(2) each retailer or distributor to which the manufacturer directly supplied motor vehicles or motor vehicle equipment over 

which the Secretary has jurisdiction under this chapter. 

(d) RULEMAKING.—The Secretary may issue regulations that— 


tjames on DSK6SPTVN1PROD with 
71 

(1) condition the import of a motor vehicle or motor vehicle 

equipment on the manufacturer’s compliance with— 

(A) the requirements under this section; 

(B) any rules issued with respect to such requirements; or 

(C) any other requirements under this chapter or rules 

issued with respect to such requirements; 

(2) provide an opportunity for the manufacturer to present information before the Secretary’s determination as to whether the 

manufacturer’s imports should be restricted; and 

(3) establish a process by which a manufacturer may petition 

for reinstatement of its ability to import motor vehicles or motor 

vehicle equipment. 

(e) EXCEPTION.—The requirements of subsections (c) and (d) shall 

not apply to original manufacturers (or wholly owned subsidiaries) 

of motor vehicles that, prior to the date of enactment of the Motor 

Vehicle and Highway Safety Improvement Act of 2011— 

(1) have imported motor vehicles into the United States that 

are certified to comply with all applicable Federal motor vehicle 

safety standards, 

(2) have submitted to the Secretary appropriate manufacturer 

identification information under part 566 of title 49, Code of 

Federal Regulations; and 

(3) if applicable, have identified a current agent for service of 

process in accordance with part 551 of title 49, Code of Federal 

Regulations. 

§ 30165. Civil penalty 

(a) CIVIL PENALTIES.— 

(1) IN GENERAL.—A person that violates any of section 30112, 

30115, 30117 through 30122, ø30123(d)¿ 30123(a), 30125(c), 

30127, or 30141 through 30147, or a regulation prescribed 

thereunder, is liable to the United States Government for a 

civil penalty of not more than $5,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum 

penalty under this subsection for a related series of violations 

is ø$15,000,000¿ $250,000,000. 

(2) SCHOOL BUSES.— 

(A) IN GENERAL.—Notwithstanding paragraph (1), the 

maximum amount of a civil penalty under this paragraph 

shall be $10,000 in the case of— 

(i) the manufacture, sale, offer for sale, introduction 

or delivery for introduction into interstate commerce, 

or importation of a school bus or school bus equipment 

(as those terms are defined in section 30125(a) of this 

title) in violation of section 30112(a)(1) of this title; or 

(ii) a violation of section 30112(a)(2) of this title. 

(B) RELATED SERIES OF VIOLATIONS.—A separate violation occurs for each motor vehicle or item of motor vehicle 

equipment and for each failure or refusal to allow or perform an act required by that section. The maximum penalty under this paragraph for a related series of violations 

is $15,000,000. 


tjames on DSK6SPTVN1PROD with 
72 

(3) SECTION 30166.—øA person¿ Except as provided in paragraph (4), a person who violates section 30166 or a regulation 

prescribed under that section is liable to the United States 

Government for a civil penalty for failing or refusing to allow 

or perform an act required under that section or regulation. 

The maximum penalty under this paragraph is $5,000 per violation per day. The maximum penalty under this paragraph for 

a related series of daily violations is ø$15,000,000¿ 

$250,000,000. 

(4) FALSE, MISLEADING, OR INCOMPLETE REPORTS.—A person 

who knowingly and willfully submits materially false, misleading, or incomplete information to the Secretary, after certifying the same information as accurate and complete under the 

certification process established pursuant to section 30166(o), 

shall be subject to a civil penalty of not more than $5,000 per 

day. The maximum penalty under this paragraph for a related 

series of daily violations is $5,000,000. 

(5) IMPROPER INFLUENCE.—An individual who violates section 30107(a) is liable to the United States Government for a 

civil penalty, as determined under section 216(b) of title 18, for 

an offense under section 207 of that title. A manufacturer or 

other person subject to regulation under this chapter who violates section 30107(b) is liable to the United States Government 

for a civil penalty equal to the sum of— 

(A) an amount equal to not less than $100,000; and 

(B) an amount equal to 90 percent of the annual compensation or fee paid or payable to the individual with respect to whom the violation occurred. 

(b) COMPROMISE AND SETOFF.— 

(1) The Secretary of Transportation may compromise the 

amount of a civil penalty imposed under this section. 

(2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts 

it owes the person liable for the penalty. 

ø(c) CONSIDERATIONS.—In determining the amount of a civil penalty or compromise, the appropriateness of the penalty or compromise to the size of the business of the person charged and the 

gravity of the violation shall be considered.¿ 

(c) RELEVANT FACTORS IN DETERMINING AMOUNT OF PENALTY OR

COMPROMISE.—In determining the amount of a civil penalty or compromise under this section, the Secretary of Transportation shall 

consider the nature, circumstances, extent, and gravity of the violation. Such determination shall include, as appropriate— 

(1) the nature of the defect or noncompliance; 

(2) knowledge by the person charged of its obligation to recall 

or notify the public; 

(3) the severity of the risk of injury; 

(4) the occurrence or absence of injury; 

(5) the number of motor vehicles or items of motor vehicle 

equipment distributed with the defect or noncompliance; 

(6) the existence of an imminent hazard; 

(7) actions taken by the person charged to identify, investigate, or mitigate the condition; 


tjames on DSK6SPTVN1PROD with 
73 

(8) the appropriateness of such penalty in relation to the size 

of the business of the person charged, including the potential for 

undue adverse economic impacts; 

(9) whether the person has previously been assessed civil penalties under this section during the most recent 5 years; and 

(10) other appropriate factors. 

(d) SUBPENAS FOR WITNESSES.—In a civil action brought under 

this section, a subpena for a witness may be served in any judicial 

district. 

§ 30166. Inspections, investigations, and records 

(a) DEFINITION.—In this section, ‘‘motor vehicle accident’’ means 

an occurrence associated with the maintenance or operation of a 

motor vehicle or motor vehicle equipment resulting in personal injury, death, or property damage. 

(b) AUTHORITY TO INSPECT AND INVESTIGATE.— (1) The Secretary of Transportation may conduct an inspection or investigation— 

(A) that may be necessary to enforce this chapter or a 

regulation prescribed or order issued under this chapter; 

or 

(B) related to a motor vehicle accident and designed to 

carry out this chapter. 

(2) The Secretary of Transportation shall cooperate with 

State and local officials to the greatest extent possible in an inspection or investigation under paragraph (1)(B) of this subsection. 

(c) MATTERS THAT CAN BE INSPECTED AND IMPOUNDMENT.—In 

carrying out this chapter, an officer or employee designated by the 

Secretary of Transportation— 

(1) at reasonable times, may inspect and copy any record related to this chapter; 

(2) on request, may inspect records of a manufacturer, distributor, or dealer to decide whether the manufacturer, distributor, or dealer has complied or is complying with this chapter or a regulation prescribed or order issued under this chapter; øand¿ 

(3) at reasonable times, in a reasonable way, and on display 

of proper credentials and written notice to an owner, operator, 

or agent in charge, may— 

(A) enter and inspect with reasonable promptness premises in which a motor vehicle or motor vehicle equipment 

is manufactured, held for introduction in interstate commerce, or held for sale after introduction in interstate commerce (including at United States ports of entry); 

(B) enter and inspect with reasonable promptness premises at which a vehicle or equipment involved in a motor 

vehicle accident is located; 

(C) inspect with reasonable promptness that vehicle or 

equipment, including any electronic data contained within 

the vehicle’s diagnostic system or event data recorder; and 

(D) impound for not more than 72 hours a vehicle or 

equipment involved in a motor vehicle accidentø.¿; 

(4) shall obtain from the Secretary of Homeland Security 

without charge, upon the request of the Secretary of TransporVerDate Mar 15 2010 05:26 Dec 24, 2012 Jkt 029010 PO 00000 Frm 00075 Fmt 6659 Sfmt 6603 E:\HR\OC\SR261.XXX SR261

tjames on DSK6SPTVN1PROD with 
74 

tation, a reasonable number of samples of motor vehicle equipment being offered for import to determine compliance with this 

chapter or a regulation or order issued under this chapter; and 

(5) shall instruct the Secretary of Homeland Security to refuse 

admission of the motor vehicle equipment into the customs territory of the United States if the Secretary of Transportation determines, after examination of the samples obtained under 

paragraph (4), that such refusal is warranted due to noncompliance with— 

(A) this chapter; 

(B) a regulation prescribed under this chapter; or 

(C) an order issued under this chapter. 

(d) REASONABLE COMPENSATION.—When a motor vehicle (except 

a vehicle subject to subchapter I of chapter 135 of this title) or 

motor vehicle equipment is inspected or temporarily impounded 

under subsection (c)(3) of this section, the Secretary of Transportation shall pay reasonable compensation to the owner of the vehicle if the inspection or impoundment results in denial of use, or reduction in value, of the vehicle. 

(e) RECORDS AND MAKING REPORTS.—The Secretary of Transportation reasonably may require a manufacturer of a motor vehicle 

or motor vehicle equipment to keep records, and a manufacturer, 

distributor, or dealer to make reports, to enable the Secretary to 

decide whether the manufacturer, distributor, or dealer has complied or is complying with this chapter or a regulation prescribed 

or order issued under this chapter. This subsection does not impose 

a recordkeeping requirement on a distributor or dealer in addition 

to those imposed under subsection (f) of this section and section 

30117(b) of this title or a regulation prescribed or order issued 

under subsection (f) or section 30117(b). 

(f) PROVIDING COPIES OF COMMUNICATIONS ABOUT DEFECTS AND

NONCOMPLIANCE.—øA manufacturer shall give the Secretary of 

Transportation¿ 

(1) IN GENERAL.— A manufacturer shall give the Secretary of 

Transportation, and make available on a publicly accessible 

Internet website, a true or representative copy of each communication to the manufacturer’s dealers or to owners or purchasers of a motor vehicle or replacement equipment produced 

by the manufacturer about a defect or noncompliance with a 

motor vehicle safety standard prescribed under this chapter in 

a vehicle or equipment that is sold or serviced. 

(2) NOTICES.—Communications required to be submitted to 

the Secretary and made available on a publicly accessible Internet website under this subsection shall include all notices to 

dealerships of software upgrades and modifications recommended by a manufacturer for all previously sold vehicles. 

Notice is required even if the software upgrade or modification 

is not related to a safety defect or noncompliance with a motor 

vehicle safety standard. The notice shall include a plain language description of the purpose of the update and that description shall be prominently placed at the beginning of the notice. 

(3) INDEX.—Communications required to be submitted to the 

Secretary under this subsection shall be accompanied by an 

index to each communication, which— 


tjames on DSK6SPTVN1PROD with 
75 

(A) identifies the make, model, and model year of the affected vehicles; 

(B) includes a concise summary of the subject matter of 

the communication; and 

(C) shall be made available by the Secretary to the public 

on the Internet in a searchable format. 

* * * * * * * 

(m) EARLY WARNING REPORTING REQUIREMENTS.— 

(1) RULEMAKING REQUIRED.—Not later than 120 days after 

the date of the enactment of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, 

the Secretary shall initiate a rulemaking proceeding to establish early warning reporting requirements for manufacturers of 

motor vehicles and motor vehicle equipment to enhance the 

Secretary’s ability to carry out the provisions of this chapter. 

(2) DEADLINE.—The Secretary shall issue a final rule under 

paragraph (1) not later than June 30, 2002. 

(3) REPORTING ELEMENTS.— 

(A) WARRANTY AND CLAIMS DATA.—As part of the final 

rule promulgated under paragraph (1), the Secretary shall 

require manufacturers of motor vehicles and motor vehicle 

equipment to report, periodically or upon request by the 

Secretary, information which is received by the manufacturer derived from foreign and domestic sources to the extent that such information may assist in the identification 

of defects related to motor vehicle safety in motor vehicles 

and motor vehicle equipment in the United States and 

which concerns— 

(i) data on claims submitted to the manufacturer for 

serious injuries (including death) and aggregate statistical data on property damage from alleged defects in 

a motor vehicle or in motor vehicle equipment; or 

(ii) customer satisfaction campaigns, consumer 

advisories, recalls, or other activity involving the repair or replacement of motor vehicles or items of 

motor vehicle equipment. 

(B) OTHER DATA.—As part of the final rule promulgated 

under paragraph (1), the Secretary may, to the extent that 

such information may assist in the identification of defects 

related to motor vehicle safety in motor vehicles and motor 

vehicle equipment in the United States, require manufacturers of motor vehicles or motor vehicle equipment to report, periodically or upon request of the Secretary, such information as the Secretary may request. 

(C) REPORTING OF POSSIBLE DEFECTS.—The manufacturer of a motor vehicle or motor vehicle equipment shall 

report to the Secretary, in such manner as the Secretary 

establishes by regulation, all incidents of which the manufacturer receives actual notice which involve fatalities or 

serious injuries which are alleged or proven to have been 

caused by a possible defect in such manufacturer’s motor 

vehicle or motor vehicle equipment in the United States, 

or in a foreign country when the possible defect is in a 

motor vehicle or motor vehicle equipment that is identical 


tjames on DSK6SPTVN1PROD with 
76 

or substantially similar to a motor vehicle or motor vehicle 

equipment offered for sale in the United States. 

(4) HANDLING AND UTILIZATION OF REPORTING ELEMENTS.— (A) SECRETARY’S SPECIFICATIONS.—In requiring the reporting of any information requested by the Secretary 

under this subsection, the Secretary shall specify in the 

final rule promulgated under paragraph (1)— 

(i) how such information will be reviewed and utilized to assist in the identification of defects related to 

motor vehicle safety; 

(ii) the systems and processes the Secretary will employ or establish to review and utilize such information; and 

(iii) the manner and form of reporting such information, including in electronic form. 

(B) INFORMATION IN POSSESSION OF MANUFACTURER.— 

The regulations promulgated by the Secretary under paragraph (1) may not require a manufacturer of a motor vehicle or motor vehicle equipment to maintain or submit 

records respecting information not in the possession of the 

manufacturer. 

ø(C) DISCLOSURE.—None of the information collected 

pursuant to the final rule promulgated under paragraph 

(1) shall be disclosed pursuant to section 30167(b) unless 

the Secretary determines the disclosure of such information will assist in carrying out sections 30117(b) and 30118 

through 30121.¿ 

(C) DISCLOSURE.— (i) IN GENERAL.—The information provided to the 

Secretary pursuant to this subsection shall be disclosed 

publicly unless exempt from disclosure under section 

552(b) of title 5. 

(ii) PRESUMPTION.—In administering this subparagraph, the Secretary shall presume in favor of maximum public availability of information. 

(D) BURDENSOME REQUIREMENTS.—In promulgating the 

final rule under paragraph (1), the Secretary shall not impose requirements unduly burdensome to a manufacturer 

of a motor vehicle or motor vehicle equipment, taking into 

account the manufacturer’s cost of complying with such requirements and the Secretary’s ability to use the information sought in a meaningful manner to assist in the identification of defects related to motor vehicle safety. 

(5) PERIODIC REVIEW.—As part of the final rule promulgated 

pursuant to paragraph (1), the Secretary shall specify procedures for the periodic review and update of such rule. 

(n) SALE OR LEASE OF DEFECTIVE OR NONCOMPLIANT TIRE.— 

(1) IN GENERAL.—The Secretary shall, within 90 days of the 

date of the enactment of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, issue 

a final rule requiring any person who knowingly and willfully 

sells or leases for use on a motor vehicle a defective tire or a 

tire which is not compliant with an applicable tire safety 

standard with actual knowledge that the manufacturer of such 

tire has notified its dealers of such defect or noncompliance as 


tjames on DSK6SPTVN1PROD with 
77 

required under section 30118(c) or as required by an order 

under section 30118(b) to report such sale or lease to the Secretary. 

(2) DEFECT OR NONCOMPLIANCE REMEDIED OR ORDER NOT IN

EFFECT.—Regulations under paragraph (1) shall not require 

the reporting described in paragraph (1) where before delivery 

under a sale or lease of a tire— 

(A) the defect or noncompliance of the tire is remedied 

as required by section 30120; or 

(B) notification of the defect or noncompliance is required under section 30118(b) but enforcement of the order 

is restrained or the order is set aside in a civil action to 

which section 30121(d) applies. 

(o) CORPORATE RESPONSIBILITY FOR REPORTS.— 

(1) IN GENERAL.—The Secretary shall require a senior official 

responsible for safety in each company submitting information 

to the Secretary in response to a request for information in a 

safety defect or compliance investigation under this chapter to 

certify that— 

(A) the signing official has reviewed the submission; and 

(B) based on the official’s knowledge, the submission does 

not— 

(i) contain any untrue statement of a material fact; 

or 

(ii) omit to state a material fact necessary in order 

to make the statements made not misleading, in light 

of the circumstances under which such statements were 

made. 

(2) NOTICE.—The certification requirements of this section 

shall be clearly stated on any request for information under 

paragraph (1). 

ø§ 30168. Research, testing, development, and training 

ø(a) GENERAL AUTHORITY.— 

ø(1) The Secretary of Transportation shall conduct research, 

testing, development, and training necessary to carry out this 

chapter. The research, development, testing, and training shall 

include— 

ø(A) collecting information to determine the relationship 

between motor vehicle or motor vehicle equipment performance characteristics and— 

ø(i) accidents involving motor vehicles; and 

ø(ii) the occurrence of death or personal injury resulting from those accidents; 

ø(B) obtaining experimental and other motor vehicles 

and motor vehicle equipment for research or testing; and 

ø(C) selling or otherwise disposing of test motor vehicles 

and motor vehicle equipment and crediting the proceeds to 

current appropriations available to carry out this chapter. 

ø(2) The Secretary may carry out this subsection through 

grants to States, interstate authorities, and nonprofit institutions. 

ø(b) USE OF PUBLIC AGENCIES.—In carrying out this chapter, the 

Secretary shall use the services, research, and testing facilities of 


tjames on DSK6SPTVN1PROD with 
78 

public agencies to the maximum extent practicable to avoid duplication. 

ø(c) FACILITIES.—The Secretary may plan, design, and build a 

new facility or modify an existing facility to conduct research, development, and testing in traffic safety, highway safety, and motor 

vehicle safety. An expenditure of more than $100,000 for planning, 

design, or construction may be made only if the planning, design, 

or construction is approved by substantially similar resolutions by 

the Committees on Commerce and Transportation and Infrastructure of the House of Representatives and the Committees on Commerce, Science, and Transportation and Environment and Public 

Works of the Senate. To obtain that approval, the Secretary shall 

submit to Congress a prospectus on the proposed facility. The prospectus shall include— 

ø(1) a brief description of the facility being planned, designed, or built; 

ø(2) the location of the facility; 

ø(3) an estimate of the maximum cost of the facility; 

ø(4) a statement identifying private and public agencies that 

will use the facility and the contribution each agency will make 

to the cost of the facility; and 

ø(5) a justification of the need for the facility. 

ø(d) INCREASING COSTS OF APPROVED FACILITIES.—The estimated 

maximum cost of a facility approved under subsection (c) of this 

section may be increased by an amount equal to the percentage increase in construction costs from the date the prospectus is submitted to Congress. However, the increase in the cost of the facility 

may not be more than 10 percent of the estimated maximum cost 

included in the prospectus. The Secretary shall decide what increase in construction costs has occurred. 

ø(e) AVAILABILITY OF INFORMATION, PATENTS, AND DEVELOPMENTS.—When the United States Government makes more than a 

minimal contribution to a research or development activity under 

this chapter, the Secretary shall include in the arrangement for the 

activity a provision to ensure that all information, patents, and developments related to the activity are available to the public. However, the owner of a background patent may not be deprived of a 

right under the patent.¿ 

§ 30171. Protection of employees providing motor vehicle safety information 

(a) DISCRIMINATION AGAINST EMPLOYEES OF MANUFACTURERS, 

PART SUPPLIERS, AND DEALERSHIPS.—No motor vehicle manufacturer, part supplier, or dealership may discharge an employee or 

otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because 

the employee (or any person acting pursuant to a request of the employee)— 

(1) provided, caused to be provided, or is about to provide 

(with any knowledge of the employer) or cause to be provided 

to the employer or the Secretary of Transportation information 

relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of this chapter; 


tjames on DSK6SPTVN1PROD with 
79 

(2) has filed, caused to be filed, or is about to file (with any 

knowledge of the employer) or cause to be filed a proceeding relating to any violation or alleged violation of any motor vehicle 

defect, noncompliance, or any violation or alleged violation of 

any notification or reporting requirement of this chapter; 

(3) testified or is about to testify in such a proceeding; 

(4) assisted or participated or is about to assist or participate 

in such a proceeding; or 

(5) objected to, or refused to participate in, any activity that 

the employee reasonably believed to be in violation of any provision of any Act enforced by the Secretary of Transportation, or 

any order, rule, regulation, standard, or ban under any such 

Act. 

(b) COMPLAINT PROCEDURE.— 

(1) FILING AND NOTIFICATION.—A person who believes that he 

or she has been discharged or otherwise discriminated against 

by any person in violation of subsection (a) may, not later than 

180 days after the date on which such violation occurs, file (or 

have any person file on his or her behalf) a complaint with the 

Secretary of Labor (hereinafter in this section referred to as the 

‘‘Secretary’’) alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary shall notify, in writing, 

the person named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2). 

(2) INVESTIGATION; PRELIMINARY ORDER.— (A) IN GENERAL.—Not later than 60 days after the date 

of receipt of a complaint filed under paragraph (1) and 

after affording the person named in the complaint an opportunity to submit to the Secretary a written response to 

the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, 

the Secretary shall conduct an investigation and determine 

whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant 

and the person alleged to have committed a violation of 

subsection (a) of the Secretary’s findings. If the Secretary 

concludes that there is a reasonable cause to believe that a 

violation of subsection (a) has occurred, the Secretary shall 

accompany the Secretary’s findings with a preliminary 

order providing the relief prescribed by paragraph (3)(B). 

Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to 

have committed the violation or the complainant may file 

objections to the findings or preliminary order, or both, and 

request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy 

contained in the preliminary order. Such hearings shall be 

conducted expeditiously. If a hearing is not requested in 

such 30-day period, the preliminary order shall be deemed 

a final order that is not subject to judicial review. 

(B) REQUIREMENTS.— 

(i) REQUIRED SHOWING BY COMPLAINANT.—The Secretary shall dismiss a complaint filed under this subVerDate Mar 15 2010 05:26 Dec 24, 2012 Jkt 029010 PO 00000 Frm 00081 Fmt 6659 Sfmt 6603 E:\HR\OC\SR261.XXX SR261

tjames on DSK6SPTVN1PROD with 
80 

section and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (5) of subsection (a) was a contributing factor in the unfavorable 

personnel action alleged in the complaint. 

(ii) SHOWING BY EMPLOYER.—Notwithstanding a 

finding by the Secretary that the complainant has 

made the showing required under clause (i), no investigation otherwise required under subparagraph (A) 

shall be conducted if the employer demonstrates, by 

clear and convincing evidence, that the employer would 

have taken the same unfavorable personnel action in 

the absence of that behavior. 

(iii) CRITERIA FOR DETERMINATION BY SECRETARY.— 

The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs 

(1) through (5) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the 

complaint. 

(iv) PROHIBITION.—Relief may not be ordered under 

subparagraph (A) if the employer demonstrates, by 

clear and convincing evidence, that the employer would 

have taken the same unfavorable personnel action in 

the absence of that behavior. 

(3) FINAL ORDER.— (A) DEADLINE FOR ISSUANCE; SETTLEMENT AGREEMENTS.—Not later than 120 days after the date of conclusion of a hearing under paragraph (2), the Secretary shall 

issue a final order providing the relief prescribed by this 

paragraph or denying the complaint. At any time before 

issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement 

agreement entered into by the Secretary, the complainant, 

and the person alleged to have committed the violation. 

(B) REMEDY.—If, in response to a complaint filed under 

paragraph (1), the Secretary determines that a violation of 

subsection (a) has occurred, the Secretary shall order the 

person who committed such violation— 

(i) to take affirmative action to abate the violation; 

(ii) to reinstate the complainant to his or her former 

position together with the compensation (including 

back pay) and restore the terms, conditions, and privileges associated with his or her employment; and 

(iii) to provide compensatory damages to the complainant. 

(C) ATTORNEYS’ FEES.—If such an order is issued under 

this paragraph, the Secretary, at the request of the complainant, shall assess against the person against whom the 

order is issued a sum equal to the aggregate amount of all 

costs and expenses (including attorneys’ and expert witness 

fees) reasonably incurred, as determined by the Secretary, 

by the complainant for, or in connection with, bringing the 

complaint upon which the order was issued. 


tjames on DSK6SPTVN1PROD with 
81 

(D) FRIVOLOUS COMPLAINTS.—If the Secretary determines 

that a complaint under paragraph (1) is frivolous or has 

been brought in bad faith, the Secretary may award to the 

prevailing employer a reasonable attorney’s fee not exceeding $1,000. 

(E) DE NOVO REVIEW.—With respect to a complaint under 

paragraph (1), if the Secretary of Labor has not issued a 

final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith of the 

employee, the employee may bring an original action at law 

or equity for de novo review in the appropriate district 

court of the United States, which shall have jurisdiction 

over such an action without regard to the amount in controversy, and which action shall, at the request of either 

party to the action, be tried by the court with a jury. The 

action shall be governed by the same legal burdens of proof 

specified in paragraph (2)(B) for review by the Secretary of 

Labor. 

(4) REVIEW.— 

(A) APPEAL TO COURT OF APPEALS.—Any person adversely 

affected or aggrieved by an order issued under paragraph 

(3) may obtain review of the order in the United States 

Court of Appeals for the circuit in which the violation, with 

respect to which the order was issued, allegedly occurred or 

the circuit in which the complainant resided on the date of 

such violation. The petition for review shall be filed not 

later than 60 days after the date of the issuance of the final 

order of the Secretary. Review shall conform to chapter 7 

of title 5. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as 

a stay of the order. 

(B) LIMITATION ON COLLATERAL ATTACK.—An order of the 

Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. 

(5) ENFORCEMENT OF ORDER BY SECRETARY.—Whenever any 

person fails to comply with an order issued under paragraph 

(3), the Secretary may file a civil action in the United States 

district court for the district in which the violation was found 

to occur to enforce such order. In actions brought under this 

paragraph, the district courts shall have jurisdiction to grant 

all appropriate relief, including injunctive relief and compensatory damages. 

(6) ENFORCEMENT OF ORDER BY PARTIES.— 

(A) COMMENCEMENT OF ACTION.—A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order 

was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the 

citizenship of the parties, to enforce such order. 

(B) ATTORNEY FEES.—The court, in issuing any final 

order under this paragraph, may award costs of litigation 

(including reasonable attorney and expert witness fees) to 


tjames on DSK6SPTVN1PROD with 
82 

any party whenever the court determines such award is appropriate. 

(c) MANDAMUS.—Any nondiscretionary duty imposed under this 

section shall be enforceable in a mandamus proceeding brought 

under section 1361 of title 28. 

(d) NONAPPLICABILITY TO DELIBERATE VIOLATIONS.—Subsection 

(a) shall not apply with respect to an employee of a motor vehicle 

manufacturer, part supplier, or dealership who, acting without direction from such motor vehicle manufacturer, part supplier, or 

dealership (or such person’s agent), deliberately causes a violation 

of any requirement relating to motor vehicle safety under this chapter. 

SUBCHAPTER V—MOTOR VEHICLE SAFETY RESEARCH AND 

DEVELOPMENT 

§ 30181. Policy 

The Secretary of Transportation shall conduct research, development, and testing on any area or aspect of motor vehicle safety necessary to carry out this chapter. 

§ 30182. Powers and duties 

(a) IN GENERAL.—The Secretary of Transportation shall— 

(1) conduct motor vehicle safety research, development, and 

testing programs and activities, including new and emerging 

technologies that impact or may impact motor vehicle safety; 

(2) collect and analyze all types of motor vehicle and highway 

safety data and related information to determine the relationship between motor vehicle or motor vehicle equipment performance characteristics and— 

(A) accidents involving motor vehicles; and 

(B) deaths or personal injuries resulting from those accidents; 

(3) promote, support, and advance the education and training 

of motor vehicle safety staff of the National Highway Traffic 

Safety Administration, including using program funds for— 

(A) planning, implementing, conducting, and presenting 

results of program activities; and 

(B) travel and related expenses; 

(4) obtain experimental and other motor vehicles and motor 

vehicle equipment for research or testing; 

(5)(A) use any test motor vehicles and motor vehicle equipment suitable for continued use, as determined by the Secretary 

to assist in carrying out this chapter or any other chapter of 

this title; or 

(B) sell or otherwise dispose of test motor vehicles and 

motor vehicle equipment and use the resulting proceeds to 

carry out this chapter; 

(6) award grants to States and local governments, interstate 

authorities, and nonprofit institutions; and 

(7) enter into cooperative agreements, collaborative research, 

or contracts with Federal agencies, interstate authorities, State 

and local governments, other public entities, private organizations and persons, nonprofit institutions, colleges and universities, consumer advocacy groups, corporations, partnerships, 


tjames on DSK6SPTVN1PROD with 
83 

sole proprietorships, trade associations, Federal laboratories 

(including government-owned, government-operated laboratories 

and government-owned, contractor-operated laboratories), and 

foreign governments and research organizations. 

(b) USE OF PUBLIC AGENCIES.—In carrying out this subchapter, 

the Secretary shall avoid duplication by using the services, research, 

and testing facilities of public agencies, as appropriate. 

(c) FACILITIES.—The Secretary may plan, design, and build a new 

facility or modify an existing facility to conduct research, development, and testing in traffic safety, highway safety, and motor vehicle safety. 

(d) AVAILABILITY OF INFORMATION, PATENTS, AND DEVELOPMENTS.—When the United States Government makes more than a 

minimal contribution to a research or development activity under 

this chapter, the Secretary shall include in the arrangement for the 

activity a provision to ensure that all information, patents, and developments related to the activity are available to the public without 

charge. The owner of a background patent may not be deprived of 

a right under the patent. 

§ 30183. Prohibition on certain disclosures. 

Any report of the National Highway Traffic Safety Administration, or of any officer, employee, or contractor of the National Highway Traffic Safety Administration, relating to any highway traffic 

accident or the investigation of such accident conducted pursuant to 

this chapter or section 403 of title 23, shall be made available to the 

public in a manner that does not identify individuals. 

CHAPTER 303. NATIONAL DRIVER REGISTER

§ 30302. National Driver Register 

(a) ESTABLISHMENT AND CONTENTS.—The Secretary of Transportation shall establish as soon as practicable and maintain a National Driver Register to assist chief driver licensing officials of 

participating States in exchanging information about the motor vehicle driving records of individuals. The Register shall contain an 

index of the information reported to the Secretary under section 

30304 of this title. The Register shall enable the Secretary (electronically or, until all States can participate electronically, by 

United States mail)— 

(1) to receive information submitted under section 30304 of 

this title by the chief driver licensing official of a State of 

record; 

(2) to receive a request for information made by the chief 

driver licensing official of a participating State under section 

30305 of this title; 

(3) to refer the request to the chief driver licensing official 

of a State of record; and 

(4) in response to the request, to relay information provided 

by a chief driver licensing official of a State of record to the 

chief driver licensing official of a participating State, without 

interception of the information. 

(b) ACCURACY OF INFORMATION.—The Secretary is not responsible 

for the accuracy of information relayed to the chief driver licensing 

official of a participating State. However, the Secretary shall mainVerDate Mar 15 2010 05:26 Dec 24, 2012 Jkt 029010 PO 00000 Frm 00085 Fmt 6659 Sfmt 6601 E:\HR\OC\SR261.XXX SR261

tjames on DSK6SPTVN1PROD with 
84 

tain the Register in a way that ensures against inadvertent alteration of information during a relay. The Secretary shall make continual improvements to modernize the Register’s data processing 

system. 

* * * * * * * 

PART C. INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 323. CONSUMER INFORMATION

§ 32301. Definitions 

In this chapter— 

(1) ‘‘crash avoidance’’ means preventing or mitigating a crash; 

ø(1)¿ (2) ‘‘crashworthiness’’ means the protection a passenger 

motor vehicle gives its passengers against personal injury or 

death from a motor vehicle accidentø.¿ ; and 

ø(2)¿ (3) ‘‘damage susceptibility’’ means the susceptibility of 

a passenger motor vehicle to damage in a motor vehicle accident. 

§ 32302. Passenger motor vehicle information 

(a) INFORMATION PROGRAM.—The Secretary of Transportation 

shall maintain a program for developing the following information 

on passenger motor vehicles: 

(1) damage susceptibility. 

(2) crashworthiness, crash avoidance, and any other areas 

the Secretary determines will improve the safety of passenger 

motor vehicles. (3) the degree of difficulty of diagnosis and repair of damage 

to, or failure of, mechanical and electrical systems. 

ø(4) vehicle operating costs dependent on the characteristics 

referred to in clauses (1)-(3) of this subsection, including insurance information obtained under section 32303 of this title.¿ 

(b) MOTOR VEHICLE INFORMATION.—To assist a consumer in buying a passenger motor vehicle, the Secretary shall provide to the 

public information developed under subsection (a) of this section. 

The information shall be in a simple and understandable form that 

allows comparison of the characteristics referred to in subsection 

(a)(1)-(3) of this section among the makes and models of passenger 

motor vehicles. The Secretary may require passenger motor vehicle 

dealers to distribute the information to prospective buyers. 

(c) INSURANCE COST INFORMATION.—The Secretary shall prescribe regulations that require passenger motor vehicle dealers to 

distribute to prospective buyers information the Secretary develops 

and provides to the dealers that compares insurance costs for different makes and models of passenger motor vehicles based on 

damage susceptibility and crashworthiness. 

(d) MOTOR VEHICLE DEFECT REPORTING INFORMATION.— 

(1) RULEMAKING REQUIRED.—Not later than 1 year after the 

date of the enactment of the Motor Vehicle and Highway Safety 

Improvement Act of 2011, the Secretary shall prescribe regulations that require passenger motor vehicle manufacturers— 

(A) to affix, in the glove compartment or in another readily accessible location on the vehicle, a sticker, decal, or 

other device that provides, in simple and understandable 


tjames on DSK6SPTVN1PROD with 
85 

language, information about how to submit a safety-related 

motor vehicle defect complaint to the National Highway 

Traffic Safety Administration; 

(B) to prominently print the information described in 

subparagraph (A) on a separate page within the owner’s 

manual; and 

(C) to not place such information on the label required 

under section 3 of the Automobile Information Disclosure 

Act (15 U.S.C. 1232). 

(2) APPLICATION.—The requirements under paragraph (1) 

shall apply to passenger motor vehicles manufactured in any 

model year beginning more than 1 year after the date on which 

a final rule is published under paragraph (1). 

CHAPTER 327. ODOMETERS

§ 32702. Definitions 

In this chapter— 

(1) ‘‘auction company’’ means a person taking possession of 

a motor vehicle owned by another to sell at an auction. 

(2) ‘‘dealer’’ means a person that sold at least 5 motor vehicles during the prior 12 months to buyers that in good faith 

bought the vehicles other than for resale. 

(3) ‘‘distributor’’ means a person that sold at least 5 motor 

vehicles during the prior 12 months for resale. 

(4) ‘‘leased motor vehicle’’ means a motor vehicle leased to a 

person for at least 4 months by a lessor that leased at least 

5 vehicles during the prior 12 months. 

(5) ‘‘odometer’’ means an instrument or system of components 

for measuring and recording the distance a motor vehicle is 

driven, but does not include an auxiliary instrument designed 

to be reset by the operator of the vehicle to record mileage of 

a trip. 

(6) ‘‘repair’’ and ‘‘replace’’ mean to restore to a sound working 

condition by replacing any part of an odometer or by correcting 

any inoperative part of an odometer. 

(7) ‘‘title’’ means the certificate of title or other document 

issued by the State indicating ownership. 

(8) ‘‘transfer’’ means to change ownership by sale, gift, or any 

other means. 

§ 32705. Disclosure requirements on transfer of motor vehicles 

* * * * * * * 

(g) ELECTRONIC DISCLOSURES.—In carrying out this section, the 

Secretary may prescribe regulations permitting any written disclosures or notices and related matters to be provided electronically. 

§ 32709. Penalties and enforcement 

(a) CIVIL PENALTY.— 

(1) A person that violates this chapter or a regulation prescribed or order issued under this chapter is liable to the 

United States Government for a civil penalty of not more than 

ø$2,000¿ $10,000 for each violation. A separate violation occurs 

for each motor vehicle or device involved in the violation. The 


tjames on DSK6SPTVN1PROD with 
86 

maximum penalty under this subsection for a related series of 

violations is ø$100,000¿ $1,000,000. (2) The Secretary of Transportation shall impose a civil penalty under this subsection. The Attorney General shall bring a 

civil action to collect the penalty. Before referring a penalty 

claim to the Attorney General, the Secretary may compromise 

the amount of the penalty. Before compromising the amount of 

the penalty, the Secretary shall give the person charged with 

a violation an opportunity to establish that the violation did 

not occur. 

(3) In determining the amount of a civil penalty under this 

subsection, the Secretary shall consider— 

(A) the nature, circumstances, extent, and gravity of the 

violation; 

(B) with respect to the violator, the degree of culpability, 

any history of prior violations, the ability to pay, and any 

effect on the ability to continue doing business; and 

(C) other matters that justice requires. 

(b) CRIMINAL PENALTY.—A person that knowingly and willfully 

violates this chapter or a regulation prescribed or order issued 

under this chapter shall be fined under title 18, imprisoned for not 

more than 3 years, or both. If the person is a corporation, the penalties of this subsection also apply to a director, officer, or individual agent of a corporation who knowingly and willfully authorizes, orders, or performs an act in violation of this chapter or a regulation prescribed or order issued under this chapter without regard to penalties imposed on the corporation. 

(c) CIVIL ACTIONS BY ATTORNEY GENERAL.—The Attorney General may bring a civil action to enjoin a violation of this chapter 

or a regulation prescribed or order issued under this chapter. The 

action may be brought in the United States district court for the 

judicial district in which the violation occurred or the defendant is 

found, resides, or does business. Process in the action may be 

served in any other judicial district in which the defendant resides 

or is found. A subpena for a witness in the action may be served 

in any judicial district. 

(d) CIVIL ACTIONS BY STATES.— (1) When a person violates this chapter or a regulation prescribed or order issued under this chapter, the chief law enforcement officer of the State in which the violation occurs may 

bring a civil action— 

(A) to enjoin the violation; or 

(B) to recover amounts for which the person is liable 

under section 32710 of this title for each person on whose 

behalf the action is brought. 

(2) An action under this subsection may be brought in an appropriate United States district court or in a State court of 

competent jurisdiction. The action must be brought not later 

than 2 years after the claim accrues. 

§ 32710. Civil actions by private persons 

(a) VIOLATION AND AMOUNT OF DAMAGES.—A person that violates 

this chapter or a regulation prescribed or order issued under this 

chapter, with intent to defraud, is liable for 3 times the actual 

damages or ø$1,500¿ $10,000, whichever is greater. 


tjames on DSK6SPTVN1PROD with 
87 

(b) CIVIL ACTIONS.—A person may bring a civil action to enforce 

a claim under this section in an appropriate United States district 

court or in another court of competent jurisdiction. The action must 

be brought not later than 2 years after the claim accrues. The court 

shall award costs and a reasonable attorney’s fee to the person 

when a judgment is entered for that person. 

CHAPTER 331. THEFT PREVENTION

ø§ 33112. Insurance reports and information 

ø(a) PURPOSES.—The purposes of this section are— 

ø(1) to prevent or discourage the theft of motor vehicles, particularly those stolen for the removal of certain parts; 

ø(2) to prevent or discourage the sale and distribution in 

interstate commerce of used parts that are removed from those 

vehicles; and 

ø(3) to help reduce the cost to consumers of comprehensive 

insurance coverage for motor vehicles. 

ø(b) DEFINITIONS.—In this section— 

ø(1) ‘‘insurer’’ includes a person (except a governmental authority) having a fleet of at least 20 motor vehicles that are 

used primarily for rental or lease and are not covered by a 

theft insurance policy issued by an insurer of passenger motor 

vehicles. 

ø(2) ‘‘motor vehicle’’ includes a truck, a multipurpose passenger vehicle, and a motorcycle. 

ø(c) ANNUAL INFORMATION REQUIREMENT.— 

ø(1) An insurer providing comprehensive coverage for motor 

vehicles shall provide annually to the Secretary of Transportation information on— 

ø(A) the thefts and recoveries (in any part) of motor vehicles; 

ø(B) the number of vehicles that have been recovered intact; 

ø(C) the rating rules and plans, such as loss information 

and rating characteristics, used by the insurer to establish 

premiums for comprehensive coverage, including the basis 

for the premiums, and premium penalties for motor vehicles considered by the insurer as more likely to be stolen; 

ø(D) the actions taken by the insurer to reduce the premiums, including changing rate levels for comprehensive 

coverage because of a reduction in thefts of motor vehicles; 

ø(E) the actions taken by the insurer to assist in deterring or reducing thefts of motor vehicles; and 

ø(F) other information the Secretary requires to carry 

out this chapter and to make the report and findings required by this chapter. 

ø(2) The information on thefts and recoveries shall include 

an explanation on how the information is obtained, the accuracy and timeliness of the information, and the use made of 

the information, including the extent and frequency of reporting the information to national, public, and private entities 

such as the Federal Bureau of Investigation and State and 

local police. 


tjames on DSK6SPTVN1PROD with 
88 

ø(d) REPORTS ON REDUCED CLAIMS PAYMENTS.—An insurer shall 

report promptly in writing to the Secretary if the insurer, in paying 

a claim under an adjustment or negotiation between the insurer 

and the insured for a stolen motor vehicle— 

ø(1) reduces the payment to the insured by the amount of 

the value, salvage or otherwise, of a recovered part subject to 

a standard prescribed under section 33102 or 33103 of this 

title; and 

ø(2) the reduction is not made at the express election of the 

insured. 

ø(e) GENERAL EXEMPTIONS.—The Secretary shall exempt from 

this section, for one or more years, an insurer that the Secretary 

decides should be exempted because— 

ø(1) the cost of preparing and providing the information is 

excessive in relation to the size of the insurer’s business; and 

ø(2) the information from that insurer will not contribute 

significantly to carrying out this chapter. 

ø(f) SMALL INSURER EXEMPTIONS.— 

ø(1) In this subsection, ‘‘small insurer’’ means an insurer 

whose premiums for motor vehicle insurance issued directly or 

through an affiliate, including a pooling arrangement established under State law or regulation for the issuance of motor 

vehicle insurance, account for— 

ø(A) less than one percent of the total premiums for all 

forms of motor vehicle insurance issued by insurers in the 

United States; and 

ø(B) less than 10 percent of the total premiums for all 

forms of motor vehicle insurance issued by insurers in any 

State. 

ø(2) The Secretary shall exempt by regulation a small insurer from this section if the Secretary finds that the exemption will not significantly affect the validity or usefulness of 

the information collected and compiled under this section, nationally or State-by-State. However, the Secretary may not exempt an insurer under this paragraph that is considered an insurer only because of subsection (b)(1) of this section. 

ø(3) Regulations under this subsection shall provide that eligibility as a small insurer shall be based on the most recent 

calendar year for which adequate information is available, and 

that, once attained, the eligibility shall continue without further demonstration of eligibility for one or more years, as the 

Secretary considers appropriate. 

ø(g) PRESCRIBED FORM.—Information required by this section 

shall be provided in the form the Secretary prescribes. 

ø(h) PERIODIC COMPILATIONS.—Subject to section 552 of title 5, 

the Secretary periodically shall compile and publish information 

obtained by the Secretary under this section, in a form that will 

be helpful to the public, the police, and Congress. 

ø(i) CONSULTATION.—In carrying out this section, the Secretary 

shall consult with public and private agencies and associations the 

Secretary considers appropriate.¿ 


tjames on DSK6SPTVN1PROD with 
89 

SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS (SAFETEALU) 

SEC. 2009. HIGH VISIBILITY ENFORCEMENT PROGRAM. 

[23 U.S.C. 402 note] 

(a) IN GENERAL.—The Administrator of the National Highway 

Traffic Safety Administration shall establish and administer a program under which øat least 2¿ at least 3 high-visibility traffic safety law enforcement campaigns will be carried out for the purposes 

specified in subsection (b) in each of øyears 2006 through 2012.¿ 

fiscal years 2012 and 2013. The Administrator may also initiate 

and support additional campaigns in each of fiscal years 2012 and 

2013 for the purposes specified in subsection (b). 

(b) PURPOSE.— The purpose of each law enforcement campaign 

under this section shall be to achieve øeither or both¿ outcomes related to at least 1 of the following objectives: 

(1) Reduce alcohol-impaired or drug-impaired operation of 

motor vehicles. 

(2) Increase use of seat belts by occupants of motor vehicles. 

(c) ADVERTISING.—The Administrator may use, or authorize the 

use of, funds available to carry out this section to pay for the development, production, and use of broadcast and print media advertising and Internet-based outreach in carrying out traffic safety law 

enforcement campaigns under this section. Consideration shall be 

given to advertising directed at non-English speaking populations, 

including those who listen, read, or watch nontraditional media. 

(d) COORDINATION WITH STATES.— The Administrator shall coordinate with the States in carrying out the traffic safety law enforcement campaigns under this section, including advertising 

funded under subsection (c), with a view to— 

(1) relying on States to provide the law enforcement resources for the campaigns out of funding available under this 

section and sections 402, 405, 406, and 410 of title 23, United 

States Code; and 

(2) providing out of National Highway Traffic Safety Administration resources most of the means necessary for national 

advertising and education efforts associated with the law enforcement campaigns. 

(e) USE OF FUNDS.— Funds made available to carry out this section may only be used for activities described in øsubsections (a), 

(c), and (f)¿ subsection (c). 

ø(f) ANNUAL EVALUATION.— The Secretary shall conduct an annual evaluation of the effectiveness of campaigns referred to in subsection (a).¿ 

ø(g)¿ (f) STATE DEFINED.— The term ‘‘State’’ has the meaning 

such term has under section 401 of title 23, United States Code. 

SEC. 2010. MOTORCYCLIST SAFETY. 

[23 U.S.C. 402 note] 

(a) AUTHORITY TO MAKE GRANTS.—Subject to the requirements of 

this section, the Secretary shall make grants to States that adopt 

and implement effective programs to reduce the number of singleand multi-vehicle crashes involving motorcyclists. 

ø(b) MAINTENANCE OF EFFORT.—No grant may be made to a 

State under this section in a fiscal year unless the State enters into 


tjames on DSK6SPTVN1PROD with 
90 

such agreements with the Secretary as the Secretary may require 

to ensure that the State will maintain its aggregate expenditures 

from all the other sources for motorcyclist safety training programs 

and motorcyclist awareness programs at or above the average level 

of such expenditures in its 2 fiscal years preceding the date of enactment of this Act.¿ 

ø(c)¿ (b) ALLOCATION.—The amount of a grant made to a State for a fiscal year under this section may not be less than $100,000 

and may not exceed 25 percent of the amount apportioned to the 

State for fiscal year 2003 under section 402 of title 23, United 

States Code. 

ø(d)¿ (c) GRANT ELIGIBILITY.— 

(1) IN GENERAL.—A State becomes eligible for a grant under 

this section by adopting or demonstrating øto the satisfaction 

of the Secretary— 

(A) for the first fiscal year for which the State will receive a grant under this section, at least 1 of the 6 criteria 

listed in paragraph (2); and 

(B) for the second, third, fourth, fifth, sixth, and seventh 

fiscal years for which the State will receive a grant under 

this section, at least 2 of the 6 criteria listed in paragraph 

(2).¿, to the satisfaction of the Secretary, at least 2 of the 

6 criteria listed in paragraph (2). 

(2) CRITERIA.—The criteria for eligibility for a grant under 

this section are the following: 

(A) MOTORCYCLE RIDER TRAINING COURSES.—An effective 

motorcycle rider training course that is offered throughout 

the State, provides a formal program of instruction in accident avoidance and other safety-oriented operational skills 

to motorcyclists and that may include innovative training 

opportunities to meet unique regional needs. 

(B) MOTORCYCLISTS AWARENESS PROGRAM.—An effective 

statewide program to enhance motorist awareness of the 

presence of motorcyclists on or near roadways and safe 

driving practices that avoid injuries to motorcyclists. 

(C) REDUCTION OF FATALITIES AND CRASHES INVOLVING

MOTORCYCLES.—A reduction for the preceding calendar 

year in the number of motorcycle fatalities and the rate of 

motor vehicle crashes involving motorcycles in the State 

(expressed as a function of 10,000 motorcycle registrations). 

(D) IMPAIRED DRIVING PROGRAM.—Implementation of a 

statewide program to reduce impaired driving, including 

specific measures to reduce impaired motorcycle operation. 

(E) REDUCTION OF FATALITIES AND ACCIDENTS INVOLVING

IMPAIRED MOTORCYCLISTS.—A reduction for the preceding 

calendar year in the number of fatalities and the rate of 

reported crashes involving alcohol- or drug-impaired motorcycle operators (expressed as a function of 10,000 motorcycle registrations). 

(F) FEES COLLECTED FROM MOTORCYCLISTS.—All fees collected by the State from motorcyclists for the purposes of 

funding motorcycle training and safety programs will be 

used for motorcycle training and safety programs. 

ø(e)¿ (d) ELIGIBLE USES.— 


tjames on DSK6SPTVN1PROD with 
91 

(1) IN GENERAL.—A State may use funds from a grant under 

this section only for motorcyclist safety training and motorcyclist awareness programs, including— 

(A) improvements to motorcyclist safety training curricula; 

(B) improvements in program delivery of motorcycle 

training to both urban and rural areas, including— 

(i) procurement or repair of practice motorcycles; 

(ii) instructional materials; 

(iii) mobile training units; and 

(iv) leasing or purchasing facilities for closed-course 

motorcycle skill training; 

(C) measures designed to increase the recruitment or retention of motorcyclist safety training instructors; and 

(D) public awareness, public service announcements, and 

other outreach programs to enhance driver awareness of 

motorcyclists, such as the ‘‘share-the-road’’ safety messages 

developed under subsection (g). 

(2) SUBALLOCATIONS OF FUNDS.—An agency of a State that 

receives a grant under this section may suballocate funds from 

the grant to a nonprofit organization incorporated in that State 

to carry out under this section. 

ø(f)¿ (e) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) MOTORCYCLIST SAFETY TRAINING.—The term ‘‘motorcyclist 

safety training’’ means a formal program of instruction that is 

approved for use in a State by the designated State authority 

having jurisdiction over motorcyclist safety issues, which may 

include the State motorcycle safety administrator or a motorcycle advisory council appointed by the Governor of the State. 

(2) MOTORCYCLIST AWARENESS.—The term ‘‘motorcyclist 

awareness’’ means individual or collective awareness of— 

(A) the presence of motorcycles on or near roadways; and 

(B) safe driving practices that avoid injury to motorcyclists. 

(3) MOTORCYCLIST AWARENESS PROGRAM.—The term ‘‘motorcyclist awareness program’’ means an informational or public 

awareness program designed to enhance motorcyclist awareness that is developed by or in coordination with the designated State authority having jurisdiction over motorcyclist 

safety issues, which may include the State motorcycle safety 

administrator or a motorcycle advisory council appointed by 

the Governor of the State. 

(4) STATE.—The term ‘‘State’’ has the same meaning such 

term has in section 101(a) of title 23, United States Code. 

ø(g) SHARE-THE-ROAD MODEL LANGUAGE.—Not later than 1 year 

after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the National Highway Traffic Safety 

Administration, shall develop and provide to the States model language for use in traffic safety education courses, driver’s manuals, 

and other driver’s training materials instructing the drivers of 

motor vehicles on the importance of sharing the roads safely with 

motorcyclists.¿ 


tjames on DSK6SPTVN1PROD with 
92 

SEC. 10202. FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY 

MEDICAL SERVICES. 

[42 U.S.C. 300d-4] 

(a) FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY MEDICAL

SERVICES.— 

(1) ESTABLISHMENT.—The Secretary of Transportation, the 

Secretary of Health and Human Services, and the Secretary of 

Homeland Security, acting through the Under Secretary for 

Emergency Preparedness and Response, shall establish a Federal Interagency Committee on Emergency Medical Services. 

(2) MEMBERSHIP.—The Interagency Committee shall consist 

of the following officials, or their designees: 

(A) The Administrator, National Highway Traffic Safety 

Administration. 

(B) The Director, Preparedness Division, Directorate of 

Emergency Preparedness and Response of the Department 

of Homeland Security. 

(C) The Administrator, Health Resources and Services 

Administration, Department of Health and Human Services. 

(D) The Director, Centers for Disease Control and Prevention, Department of Health and Human Services. 

(E) The Administrator, United States Fire Administration, Directorate of Emergency Preparedness and Response 

of the Department of Homeland Security. 

(F) The Administrator, Centers for Medicare and Medicaid Services, Department of Health and Human Services. 

(G) The Under Secretary of Defense for Personnel and 

Readiness. 

(H) The Director, Indian Health Service, Department of 

Health and Human Services. 

(I) The Chief, Wireless Telecommunications Bureau, 

Federal Communications Commission. 

(J) A representative of any other Federal agency appointed by the Secretary of Transportation or the Secretary of Homeland Security through the Under Secretary 

for Emergency Preparedness and Response, in consultation 

with the Secretary of Health and Human Services, as having a significant role in relation to the purposes of the 

Interagency Committee. 

(K) A State emergency medical services director appointed by the Secretary. 

(3) PURPOSES.—The purposes of the Interagency Committee 

are as follows: 

(A) To ensure coordination among the Federal agencies 

involved with State, local, tribal, or regional emergency 

medical services and 9-1-1 systems. 

(B) To identify State, local, tribal, or regional emergency 

medical services and 9-1-1 needs. 

(C) To recommend new or expanded programs, including 

grant programs, for improving State, local, tribal, or regional emergency medical services and implementing improved emergency medical services communications technologies, including wireless 9-1-1. 


tjames on DSK6SPTVN1PROD with 
93 

(D) To identify ways to streamline the process through 

which Federal agencies support State, local, tribal or regional emergency medical services. 

(E) To assist State, local, tribal or regional emergency 

medical services in setting priorities based on identified 

needs. 

(F) To advise, consult, and make recommendations on 

matters relating to the implementation of the coordinated 

State emergency medical services programs. 

(4) ADMINISTRATION.—The Administrator of the National 

Highway Traffic Safety Administration, in cooperation with the 

Administrator of the Health Resources and Services Administration of the Department of Health and Human Services and 

the Director of the Preparedness Division, Directorate of Emergency Preparedness and Response of the Department of Homeland Security, shall provide administrative support to the 

Interagency Committee, including scheduling meetings, setting 

agendas, keeping minutes and records, and producing reports. 

(5) LEADERSHIP.—The members of the Interagency Committee shall select a chairperson of the Committee each year. 

(6) MEETINGS.—The Interagency Committee shall meet as 

frequently as is determined necessary by the chairperson of the 

Committee. 

(7) ANNUAL REPORTS.—The Interagency Committee shall prepare an annual report to Congress regarding the Committee’s 

activities, actions, and recommendations. 

(b) NATIONAL EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL.— 

(1) ESTABLISHMENT.—The Secretary of Transportation, in coordination with the Secretary of Health and Human Services 

and the Secretary of Homeland Security, shall establish a National Emergency Medical Services Advisory Council (referred 

to in this subsection as the ‘‘Advisory Council’’). 

(2) MEMBERSHIP.—The Advisory Council shall be composed of 

25 members, who— 

(A) shall be appointed by the Secretary of Transportation; 

and 

(B) shall collectively be representative of all sectors of the 

emergency medical services community. 

(3) PURPOSES.—The purposes of the Advisory Council are to 

advise and consult with— 

(A) the Federal Interagency Committee on Emergency 

Medical Services on matters relating to emergency medical 

services issues; and 

(B) the Secretary of Transportation on matters relating to 

emergency medical services issues affecting the Department 

of Transportation. 

(4) ADMINISTRATION.—The Administrator of the National 

Highway Traffic Safety Administration shall provide administrative support to the Advisory Council, including scheduling 

meetings, setting agendas, keeping minutes and records, and 

producing reports. 

(5) LEADERSHIP.—The members of the Advisory Council shall 

annually select a chairperson of the Council. 


tjames on DSK6SPTVN1PROD with 
94 

(6) MEETINGS.—The Advisory Council shall meet as frequently as is determined necessary by the chairperson of the 

Council. 

(7) ANNUAL REPORTS.—The Advisory Council shall prepare 

an annual report to the Secretary of Transportation regarding 

the Council’s actions and recommendations. 

AUTOMOBILE INFORMATION DISCLOSURE ACT 

SEC. 3. LABEL AND ENTRY REQUIREMENTS. 

[15 U.S.C. 1232] 

Every manufacturer of new automobiles distributed in commerce 

shall, prior to the delivery of any new automobile to any dealer, or 

at or prior to the introduction date of new models delivered to a 

dealer prior to such introduction date, securely affix to the windshield, or side window of such automobile a label on which such 

manufacturer shall endorse clearly, distinctly and legibly true and 

correct entries disclosing the following information concerning such 

automobile— 

(a) the make, model, and serial or identification number or numbers; 

(b) the final assembly point; 

(c) the name, and the location of the place of business, of the 

dealer to whom it is to be delivered; 

(d) the name of the city or town at which it is to be delivered 

to such dealer; 

(e) the method of transportation used in making delivery of such 

automobile, if driven or towed from final assembly point to place 

of delivery; 

(f) the following information: 

(1) the retail price of such automobile suggested by the manufacturer; 

(2) the retail delivered price suggested by the manufacturer 

for each accessory or item of optional equipment, physically attached to such automobile at the time of its delivery to such 

dealer, which is not included within the price of such automobile as stated pursuant to paragraph (1); 

(3) the amount charged, if any, to such dealer for the transportation of such automobile to the location at which it is delivered to such dealer; and 

(4) the total of the amounts specified pursuant to paragraphs 

(1), (2), and (3); 

(g) if one or more safety ratings for such automobile have been 

assigned and formally published or released by the National Highway Traffic Safety Administration under the New Car Assessment 

Program, information about safety ratings that— 

(1) includes a graphic depiction of the number of stars, or 

other applicable rating, that corresponds to each such assigned 

safety rating displayed in a clearly differentiated fashion indicating the maximum possible safety rating; 

(2) refers to safety rating categories that may include frontal 

impact crash tests, side impact crash tests, and rollover resistance tests (whether or not such automobile has been assigned 

a safety rating for such tests); 


tjames on DSK6SPTVN1PROD with 
95 

(3) contains information describing the nature and meaning 

of the crash test data presented and a reference to additional 

vehicle safety resources, including http://www.safecar.gov; and 

(4) is presented in a legible, visible, and prominent fashion 

and covers at least— 

(A) 8 percent of the total area of the label; or 

(B) an area with a minimum length of 4 1/2 inches and 

a minimum height of 3 1/2 inches; and 

(h) if an automobile has not been tested by the National Highway 

Traffic Safety Administration under the New Car Assessment Program, or safety ratings for such automobile have not been assigned 

in one or more rating categories, a statement to that effect. 

Æ 


tjames on DSK6SPTVN1PROD with