II 

112TH CONGRESS 

1ST SESSION S. 1449 

To authorize the appropriation of funds for highway safety programs and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2011 

Mr. PRYOR (for himself, Mr. ROCKEFELLER, Ms. KLOBUCHAR, Mr. UDALL of 

New Mexico, and Mrs. GILLIBRAND) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To authorize the appropriation of funds for highway safety 

programs and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Motor Vehicle and Highway Safety Improvement Act of 

6 2011’’ or ‘‘Mariah’s Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition. 


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TITLE I—HIGHWAY SAFETY 

Sec. 101. Authorization of appropriations. 

Sec. 102. Highway safety programs. 

Sec. 103. Highway safety research and development. 

Sec. 104. National driver register. 

Sec. 105. Combined occupant protection grants. 

Sec. 106. State traffic safety information system improvements. 

Sec. 107. Impaired driving countermeasures. 

Sec. 108. Distracted driving grants. 

Sec. 109. High visibility enforcement program. 

Sec. 110. Motorcyclist safety. 

Sec. 111. Driver alcohol detection system for safety research. 

Sec. 112. State graduated driver licensing laws. 

Sec. 113. Agency accountability. 

Sec. 114. Emergency medical services. 

Sec. 115. Effective date. 

TITLE II—ENHANCED SAFETY AUTHORITIES 

Sec. 201. Definition of motor vehicle equipment. 

Sec. 202. Permit reminder system for non-use of safety belts. 

Sec. 203. Civil penalties. 

Sec. 204. Motor vehicle safety research and development. 

Sec. 205. Odometer requirements definition. 

Sec. 206. Electronic disclosures of odometer information. 

Sec. 207. Increased penalties and damages for odometer fraud. 

Sec. 208. Extend prohibitions on importing noncompliant vehicles and equipment to defective vehicles and equipment. 

Sec. 209. Financial responsibility requirements for importers. 

Sec. 210. Conditions on importation of vehicles and equipment. 

Sec. 211. Port inspections; samples for examination or testing. 

TITLE III—TRANSPARENCY AND ACCOUNTABILITY 

Sec. 301. Improved NHTSA vehicle safety database. 

Sec. 302. NHTSA hotline for manufacturer, dealer, and mechanic personnel. 

Sec. 303. Consumer notice of software updates and other communications with 

dealers. 

Sec. 304. Public availability of early warning data. 

Sec. 305. Corporate responsibility for NHTSA reports. 

Sec. 306. Passenger motor vehicle information program. 

Sec. 307. Promotion of vehicle defect reporting. 

Sec. 308. Whistleblower protections for motor vehicle manufacturers, part suppliers, and dealership employees. 

Sec. 309. Activities to promote motor vehicle and highway safety. 

Sec. 310. Anti-revolving door. 

Sec. 311. Study of crash data collection. 

Sec. 312. Update means of providing notification; improving efficacy of recalls. 

Sec. 313. Expanding choices of remedy available to manufacturers of replacement equipment. 

Sec. 314. Recall obligations and bankruptcy of manufacturer. 

Sec. 315. Repeal of insurance reports and information provision. 

Sec. 316. Monroney sticker to permit additional safety rating categories. 

TITLE IV—VEHICLE ELECTRONICS AND SAFETY STANDARDS 


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Sec. 401. NHTSA electronics, software, and engineering expertise. 

Sec. 402. Vehicle stopping distance and brake override standard. 

Sec. 403. Pedal placement standard. 

Sec. 404. Electronic systems performance standard. 

Sec. 405. Pushbutton ignition systems standard. 

Sec. 406. Vehicle event data recorders. 

Sec. 407. Prohibition on electronic visual entertainment in driver’s view. 

TITLE V—CHILD SAFETY STANDARDS 

Sec. 501. Child safety seats. 

Sec. 502. Child restraint anchorage systems. 

Sec. 503. Rear seat belt reminders. 

Sec. 504. Unattended passenger reminders. 

Sec. 505. New deadline. 

1 SEC. 2. DEFINITION. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Transportation. 

4 TITLE I—HIGHWAY SAFETY 

5 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—The following sums are author7 ized to be appropriated out of the Highway Trust Fund 

8 (other than the Mass Transit Account): 

9 (1) HIGHWAY SAFETY PROGRAMS.—For car10 rying out section 402 of title 23, United States 

11 Code— 

12 (A) $243,000,000 for fiscal year 2012; and 

13 (B) $243,000,000 for fiscal year 2013. 

14 (2) HIGHWAY SAFETY RESEARCH AND DEVEL15 OPMENT.—For carrying out section 403 of title 23, 

16 United States Code— 

17 (A) $130,000,000 for fiscal year 2012; and 

18 (B) $139,000,000 for fiscal year 2013. 


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1 (3) COMBINED OCCUPANT PROTECTION

2 GRANTS.—For carrying out section 405 of title 23, 

3 United States Code— 

4 (A) $44,000,000 for fiscal year 2012; and 

5 (B) $44,000,000 for fiscal year 2013. 

6 (4) STATE TRAFFIC SAFETY INFORMATION SYS7 TEM IMPROVEMENTS.—For carrying out section 408 

8 of title 23, United States Code— 

9 (A) $44,000,000 for fiscal year 2012; and 

10 (B) $44,000,000 for fiscal year 2013. 

11 (5) IMPAIRED DRIVING COUNTERMEASURES.— 

12 For carrying out section 410 of title 23, United 

13 States Code— 

14 (A) $139,000,000 for fiscal year 2012; and 

15 (B) $139,000,000 for fiscal year 2013. 

16 (6) DISTRACTED DRIVING GRANTS.—For car17 rying out section 411 of title 23, United States 

18 Code— 

19 (A) $39,000,000 for fiscal year 2012; and 

20 (B) $39,000,000 for fiscal year 2013. 

21 (7) NATIONAL DRIVER REGISTER.—For the Na22 tional Highway Traffic Safety Administration to 

23 carry out chapter 303 of title 49, United States 

24 Code— 

25 (A) $5,000,000 for fiscal year 2012; and 


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1 (B) $5,000,000 for fiscal year 2013. 

2 (8) HIGH VISIBILITY ENFORCEMENT PRO3 GRAM.—For carrying out section 2009 of 

4 SAFETEA–LU (Public Law 109–59; 23 U.S.C. 

5 note)— 

6 (A) $37,000,000 for fiscal year 2012; and 

7 (B) $37,000,000 for fiscal year 2013. 

8 (9) MOTORCYCLIST SAFETY.—For carrying out 

9 section 2010 of SAFETEA–LU (Public Law 109– 

10 59; 23 U.S.C. note)— 

11 (A) $6,000,000 for fiscal year 2012; and 

12 (B) $6,000,000 for fiscal year 2013. 

13 (10) ADMINISTRATIVE EXPENSES.—For admin14 istrative and related operating expenses of the Na15 tional Highway Traffic Safety Administration in car16 rying out chapter 4 of title 23, United States Code, 

17 and this title— 

18 (A) $25,581,280 for fiscal year 2012; and 

19 (B) $25,862,674 for fiscal year 2013. 

20 (11) DRIVER ALCOHOL DETECTION SYSTEM

21 FOR SAFETY RESEARCH.—For carrying out section 

22 413 of title 23, United States Code— 

23 (A) $12,000,000 for fiscal year 2012; and 

24 (B) $12,000,000 for fiscal year 2013. 


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1 (12) STATE GRADUATED DRIVER LICENSING

2 LAWS.—For carrying out section 414 of title 23, 

3 United States Code— 

4 (A) $22,000,000 for fiscal year 2012; and 

5 (B) $22,000,000 for fiscal year 2013. 

6 (b) PROHIBITION ON OTHER USES.—Except as oth7 erwise provided in chapter 4 of title 23, United States 

8 Code, in this title, and in the amendments made by this 

9 title, the amounts made available from the Highway Trust 

10 Fund (other than the Mass Transit Account) for a pro11 gram under such chapter— 

12 (1) shall only be used to carry out such pro13 gram; and 

14 (2) may not be used by States or local govern15 ments for construction purposes. 

16 (c) APPLICABILITY OF TITLE 23.—Except as other17 wise provided in chapter 4 of title 23, United States Code, 

18 and in this title, amounts made available under subsection 

19 (a) for fiscal years 2012 and 2013 shall be available for 

20 obligation in the same manner as if such funds were ap21 portioned under chapter 1 of title 23, United States Code. 

22 (d) REGULATORY AUTHORITY.—Grants awarded 

23 under this title shall be in accordance with regulations 

24 issued by the Secretary. 


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1 (e) STATE MATCHING REQUIREMENTS.—If a grant 

2 awarded under this title requires a State to share in the 

3 cost, the aggregate of all expenditures for highway safety 

4 activities made during any fiscal year by the State and 

5 its political subdivisions (exclusive of Federal funds) for 

6 carrying out the grant (other than planning and adminis7 tration) shall be available for the purpose of crediting the 

8 State during such fiscal year for the non-Federal share 

9 of the cost of any project under this title (other than plan10 ning or administration) without regard to whether such 

11 expenditures were actually made in connection with such 

12 project. 

13 (f) MAINTENANCE OF EFFORT.— 

14 (1) REQUIREMENT.—No grant may be made to 

15 a State under section 405, 408, or 410 of title 23, 

16 United States Code, in any fiscal year unless the 

17 State enters into such agreements with the Sec18 retary as the Secretary may require to ensure that 

19 the State will maintain its aggregate expenditures 

20 from all State and local sources for programs de21 scribed in such sections at or above the average level 

22 of such expenditures in its 2 fiscal years preceding 

23 the date of enactment of this Act. 

24 (2) WAIVER.—Upon the request of a State, the 

25 Secretary may waive or modify the requirements 


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1 under paragraph (1) for not more than 1 fiscal year 

2 if the Secretary determines that such a waiver would 

3 be equitable due to exceptional or uncontrollable cir4 cumstances. 

5 (g) TRANSFERS.—In each fiscal year, the Secretary 

6 may transfer any amounts remaining available under 

7 paragraphs (3), (4), (5), (6), (9), (11), and (12) of sub8 section (a) to the amounts made available under any other 

9 of such paragraphs or for purposes authorized under chap10 ter 301 of title 49, United States Code, in order to ensure, 

11 to the maximum extent possible, that all funds are obli12 gated. 

13 (h) GRANT APPLICATION AND DEADLINE.—To re14 ceive a grant under this title, a State shall submit an ap15 plication, and the Secretary shall establish a single dead16 line for such applications to enable the award of grants 

17 early in the next fiscal year. 

18 (i) ALLOCATION TO SUPPORT STATE DISTRACTED

19 DRIVING LAWS.—Of the amounts available under sub20 section (a)(7) for distracted driving grants, the Secretary 

21 may expend, in each fiscal year, up to $5,000,000 for the 

22 development and placement of broadcast media to support 

23 the enforcement of State distracted driving laws. 


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1 SEC. 102. HIGHWAY SAFETY PROGRAMS. 

2 (a) PROGRAMS INCLUDED.—Section 402(a) of title 

3 23, United States Code, is amended to read as follows: 

4 ‘‘(a) PROGRAM REQUIRED.— 

5 ‘‘(1) IN GENERAL.—Each State shall have a 

6 highway safety program, approved by the Secretary, 

7 that is designed to reduce traffic accidents and the 

8 resulting deaths, injuries, and property damage. 

9 ‘‘(2) UNIFORM GUIDELINES.—Programs re10 quired under paragraph (1) shall comply with uni11 form guidelines, promulgated by the Secretary and 

12 expressed in terms of performance criteria, that— 

13 ‘‘(A) include programs— 

14 ‘‘(i) to reduce injuries and deaths re15 sulting from motor vehicles being driven in 

16 excess of posted speed limits; 

17 ‘‘(ii) to encourage the proper use of 

18 occupant protection devices (including the 

19 use of safety belts and child restraint sys20 tems) by occupants of motor vehicles; 

21 ‘‘(iii) to reduce deaths and injuries re22 sulting from persons driving motor vehicles 

23 while impaired by alcohol or a controlled 

24 substance; 

25 ‘‘(iv) to prevent accidents and reduce 

26 deaths and injuries resulting from acciVerDate Mar 15 2010 05:23 Jul 30, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1449.IS S1449

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1 dents involving motor vehicles and motor2 cycles; 

3 ‘‘(v) to reduce injuries and deaths re4 sulting from accidents involving school 

5 buses; 

6 ‘‘(vi) to reduce accidents resulting 

7 from unsafe driving behavior (including ag8 gressive or fatigued driving and distracted 

9 driving arising from the use of electronic 

10 devices in vehicles); and 

11 ‘‘(vii) to improve law enforcement 

12 services in motor vehicle accident preven13 tion, traffic supervision, and post-accident 

14 procedures; 

15 ‘‘(B) improve driver performance, includ16 ing— 

17 ‘‘(i) driver education; 

18 ‘‘(ii) driver testing to determine pro19 ficiency to operate motor vehicles; and 

20 ‘‘(iii) driver examinations (physical, 

21 mental, and driver licensing); 

22 ‘‘(C) improve pedestrian performance and 

23 bicycle safety; 

24 ‘‘(D) include provisions for— 


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1 ‘‘(i) an effective record system of acci2 dents (including resulting injuries and 

3 deaths); 

4 ‘‘(ii) accident investigations to deter5 mine the probable causes of accidents, in6 juries, and deaths; 

7 ‘‘(iii) vehicle registration, operation, 

8 and inspection; and 

9 ‘‘(iv) emergency services; and 

10 ‘‘(E) to the extent determined appropriate 

11 by the Secretary, are applicable to federally ad12 ministered areas where a Federal department 

13 or agency controls the highways or supervises 

14 traffic operations.’’. 

15 (b) ADMINISTRATION OF STATE PROGRAMS.—Sec16 tion 402(b)(1) of title 23, United States Code, is amend17 ed— 

18 (1) in subparagraph (D), by striking ‘‘and’’ at 

19 the end; 

20 (2) by redesignating subparagraph (E) as sub21 paragraph (F); 

22 (3) by inserting after clause (D) the following: 

23 ‘‘(E) beginning on October 1, 2012, pro24 vide for a robust, data-driven traffic safety en25 forcement program to prevent traffic violations, 


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1 crashes, and crash fatalities and injuries in 

2 areas most at risk for such incidents, to the 

3 satisfaction of the Secretary;’’; and 

4 (4) in subparagraph (F), as redesignated— 

5 (A) in clause (i), by inserting ‘‘and high6 visibility law enforcement mobilizations coordi7 nated by the Secretary’’ after ‘‘mobilizations’’; 

8 (B) in clause (iii), by striking ‘‘and’’ at the 

9 end; 

10 (C) in clause (iv), by striking the period at 

11 the end and inserting ‘‘; and’’; and 

12 (D) by adding at the end the following: 

13 ‘‘(v) ensuring that the State will co14 ordinate its highway safety plan, data col15 lection, and information systems with the 

16 State strategic highway safety plan (as de17 fined in section 148(a)).’’. 

18 (c) APPROVED HIGHWAY SAFETY PROGRAMS.—Sec19 tion 402(c) of title 23, United States Code, is amended— 

20 (1) by striking ‘‘(c) Funds authorized’’ and in21 serting the following: 

22 ‘‘(c) USE OF FUNDS.— 

23 ‘‘(1) IN GENERAL.—Funds authorized’’; 

24 (2) by striking ‘‘Such funds’’ and inserting the 

25 following: 


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1 ‘‘(2) APPORTIONMENT.—Except for amounts 

2 identified in subsection (l) and section 403(e), funds 

3 described in paragraph (1)’’; 

4 (3) by striking ‘‘The Secretary shall not’’ and 

5 all that follows through ‘‘subsection, a highway safe6 ty program’’ and inserting ‘‘A highway safety pro7 gram’’; 

8 (4) by inserting ‘‘A State may use the funds 

9 apportioned under this section, in cooperation with 

10 neighboring States, for highway safety programs or 

11 related projects that may confer benefits on such 

12 neighboring States.’’ after ‘‘in every State.’’; 

13 (5) by striking ‘‘50 per centum’’ and inserting 

14 ‘‘20 percent’’; and 

15 (6) by striking ‘‘The Secretary shall promptly’’ 

16 and all that follows and inserting the following: 

17 ‘‘(3) REAPPORTIONMENT.—The Secretary shall 

18 promptly apportion the funds withheld from a 

19 State’s apportionment to the State if the Secretary 

20 approves the State’s highway safety program or de21 termines that the State has begun implementing an 

22 approved program, as appropriate, not later than 

23 July 31st of the fiscal year for which the funds were 

24 withheld. If the Secretary determines that the State 

25 did not correct its failure within such period, the 


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1 Secretary shall reapportion the withheld funds to the 

2 other States in accordance with the formula speci3 fied in paragraph (2) not later than the last day of 

4 the fiscal year.’’. 

5 (d) USE OF HIGHWAY SAFETY PROGRAM FUNDS.— 

6 Section 402(g) of title 23, United States Code, is amended 

7 to read as follows: 

8 ‘‘(g) SAVINGS PROVISION.— 

9 ‘‘(1) IN GENERAL.—Except as provided under 

10 paragraph (2), nothing in this section may be con11 strued to authorize the appropriation or expenditure 

12 of funds for— 

13 ‘‘(A) highway construction, maintenance, 

14 or design (other than design of safety features 

15 of highways to be incorporated into guidelines); 

16 or 

17 ‘‘(B) any purpose for which funds are au18 thorized by section 403. 

19 ‘‘(2) DEMONSTRATION PROJECTS.—A State 

20 may use funds made available to carry out this sec21 tion to assist in demonstration projects carried out 

22 by the Secretary under section 403.’’. 

23 (e) IN GENERAL.—Section 402 of title 23, United 

24 States Code, is amended— 

25 (1) by striking subsections (k) and (m); 


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1 (2) by redesignating subsections (i) and (j) as 

2 subsections (h) and (i), respectively; and 

3 (3) by redesignating subsection (l) as subsection 

4 (j). 

5 (f) HIGHWAY SAFETY PLAN AND REPORTING RE6 QUIREMENTS.—Section 402 of title 23, United States 

7 Code, as amended by this section, is further amended by 

8 adding at the end the following: 

9 ‘‘(k) HIGHWAY SAFETY PLAN AND REPORTING RE10 QUIREMENTS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall require 

12 each State to develop and submit to the Secretary 

13 a highway safety plan that complies with the re14 quirements under this subsection not later than July 

15 1, 2012, and annually thereafter. 

16 ‘‘(2) CONTENTS.—State highway safety plans 

17 submitted under paragraph (1) shall include— 

18 ‘‘(A) performance measures required by 

19 the Secretary or otherwise necessary to support 

20 additional State safety goals, including— 

21 ‘‘(i) documentation of current safety 

22 levels for each performance measure; 

23 ‘‘(ii) quantifiable annual performance 

24 targets for each performance measure; and 


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1 ‘‘(iii) a justification for each perform2 ance target; 

3 ‘‘(B) a strategy for programming funds ap4 portioned to the State under this section on 

5 projects and activities that will allow the State 

6 to meet the performance targets described in 

7 subparagraph (A); 

8 ‘‘(C) data and data analysis supporting the 

9 effectiveness of proposed countermeasures; 

10 ‘‘(D) a description of any Federal, State, 

11 local, or private funds that the State plans to 

12 use, in addition to funds apportioned to the 

13 State under this section, to carry out the strat14 egy described in subparagraph (B); 

15 ‘‘(E) beginning with the plan submitted by 

16 July 1, 2013, a report on the State’s success in 

17 meeting State safety goals set forth in the pre18 vious year’s highway safety plan; and 

19 ‘‘(F) an application for any additional 

20 grants available to the State under this chapter. 

21 ‘‘(3) REVIEW OF HIGHWAY SAFETY PLANS.— 

22 ‘‘(A) IN GENERAL.—Not later than 60 

23 days after the date on which a State’s highway 

24 safety plan is received by the Secretary, the 


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1 Secretary shall review and approve or dis2 approve the plan. 

3 ‘‘(B) APPROVALS AND DISAPPROVALS.— 

4 ‘‘(i) APPROVALS.—The Secretary shall 

5 approve a State’s highway safety plan if 

6 the Secretary determines that— 

7 ‘‘(I) the plan is evidence-based 

8 and supported by data; 

9 ‘‘(II) the performance targets are 

10 adequate; and 

11 ‘‘(III) the plan, once imple12 mented, will allow the State to meet 

13 such targets. 

14 ‘‘(ii) DISAPPROVALS.—The Secretary 

15 shall disapprove a State’s highway safety 

16 plan if the Secretary determines that the 

17 plan does not— 

18 ‘‘(I) set appropriate performance 

19 targets; or 

20 ‘‘(II) provide for evidence-based 

21 programming of funding in a manner 

22 sufficient to allow the State to meet 

23 such targets. 


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1 ‘‘(C) ACTIONS UPON DISAPPROVAL.—If the 

2 Secretary disapproves a State’s highway safety 

3 plan, the Secretary shall— 

4 ‘‘(i) inform the State of the reasons 

5 for such disapproval; and 

6 ‘‘(ii) require the State to resubmit the 

7 plan with any modifications that the Sec8 retary determines to be necessary. 

9 ‘‘(D) REVIEW OF RESUBMITTED PLANS.— 

10 If the Secretary requires a State to resubmit a 

11 highway safety plan, with modifications, the 

12 Secretary shall review and approve or dis13 approve the modified plan not later than 30 

14 days after the date on which the Secretary re15 ceives such plan. 

16 ‘‘(E) REPROGRAMMING AUTHORITY.—If 

17 the Secretary determines that the modifications 

18 contained in a State’s resubmitted highway 

19 safety plan do not provide for the programming 

20 of funding in a manner sufficient to meet the 

21 State’s performance goals, the Secretary, in 

22 consultation with the State, shall take such ac23 tion as may be necessary to bring the State’s 

24 plan into compliance with the performance tar25 gets. 


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1 ‘‘(F) PUBLIC NOTICE.—A State shall make 

2 the State’s highway safety plan, and decisions 

3 of the Secretary concerning approval or dis4 approval of a revised plan, available to the pub5 lic.’’. 

6 (g) COOPERATIVE RESEARCH AND EVALUATION.— 

7 Section 402 of title 23, United States Code, as amended 

8 by this section, is further amended by adding at the end 

9 the following: 

10 ‘‘(l) COOPERATIVE RESEARCH AND EVALUATION.— 

11 ‘‘(1) ESTABLISHMENT AND FUNDING.—Not12 withstanding the apportionment formula set forth in 

13 subsection (c)(2), $2,500,000 of the total amount 

14 available for apportionment to the States for high15 way safety programs under subsection (c) in each 

16 fiscal year shall be available for expenditure by the 

17 Secretary, acting through the Administrator of the 

18 National Highway Traffic Safety Administration, for 

19 a cooperative research and evaluation program to re20 search and evaluate priority highway safety counter21 measures. 

22 ‘‘(2) ADMINISTRATION.—The program estab23 lished under paragraph (1)— 


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1 ‘‘(A) shall be administered by the Adminis2 trator of the National Highway Traffic Safety 

3 Administration; and 

4 ‘‘(B) shall be jointly managed by the Gov5 ernors Highway Safety Association and the Na6 tional Highway Traffic Safety Administration.’’. 

7 (h) TEEN TRAFFIC SAFETY PROGRAM.—Section 402 

8 of title 23, United States Code, as amended by this sec9 tion, is further amended by adding at the end the fol10 lowing: 

11 ‘‘(m) TEEN TRAFFIC SAFETY PROGRAM.— 

12 ‘‘(1) PROGRAM AUTHORIZED.—Subject to the 

13 requirements of a State’s highway safety plan, as 

14 approved by the Secretary under subsection (k), a 

15 State may use a portion of the amounts received 

16 under this section to implement a statewide teen 

17 traffic safety program to improve traffic safety for 

18 teen drivers. 

19 ‘‘(2) STRATEGIES.—The program implemented 

20 under paragraph (1)— 

21 ‘‘(A) shall include peer-to-peer education 

22 and prevention strategies in schools and com23 munities designed to— 

24 ‘‘(i) increase safety belt use; 

25 ‘‘(ii) reduce speeding; 


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1 ‘‘(iii) reduce impaired and distracted 

2 driving; 

3 ‘‘(iv) reduce underage drinking; and 

4 ‘‘(v) reduce other behaviors by teen 

5 drivers that lead to injuries and fatalities; 

6 and 

7 ‘‘(B) may include— 

8 ‘‘(i) working with student-led groups 

9 and school advisors to plan and implement 

10 teen traffic safety programs; 

11 ‘‘(ii) providing subgrants to schools 

12 throughout the State to support the estab13 lishment and expansion of student groups 

14 focused on teen traffic safety; 

15 ‘‘(iii) providing support, training, and 

16 technical assistance to establish and ex17 pand school and community safety pro18 grams for teen drivers; 

19 ‘‘(iv) creating statewide or regional 

20 websites to publicize and circulate informa21 tion on teen safety programs; 

22 ‘‘(v) conducting outreach and pro23 viding educational resources for parents; 

24 ‘‘(vi) establishing State or regional 

25 advisory councils comprised of teen drivers 


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1 to provide input and recommendations to 

2 the governor and the governor’s safety rep3 resentative on issues related to the safety 

4 of teen drivers; 

5 ‘‘(vii) collaborating with law enforce6 ment; 

7 ‘‘(viii) organizing and hosting State 

8 and regional conferences for teen drivers; 

9 ‘‘(ix) establishing partnerships and 

10 promoting coordination among community 

11 stakeholders, including public, not-for-prof12 it, and for profit entities; and 

13 ‘‘(x) funding a coordinator position 

14 for the teen safety program in the State or 

15 region.’’. 

16 (i) ACTIVITIES TO PROMOTE HIGHWAY AND MOTOR

17 VEHICLE SAFETY.—Section 402 of title 23, United States 

18 Code, as amended by this section, is further amended by 

19 adding at the end the following: 

20 ‘‘(n) AVAILABILITY OF FUNDS.—Notwithstanding 

21 any other provision of law, amounts appropriated to the 

22 Secretary for the National Highway Traffic Safety Admin23 istration shall be available for activities to promote high24 way safety and motor vehicle safety, including activities 

25 specifically designed to urge a State or local legislator or 


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1 legislature to favor or oppose the adoption of any specific 

2 legislative proposal.’’. 

3 SEC. 103. HIGHWAY SAFETY RESEARCH AND DEVELOP4 MENT. 

5 Section 403 of title 23, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 403. Highway safety research and development 

8 ‘‘(a) DEFINED TERM.—In this section, the term 

9 ‘Federal laboratory’ includes— 

10 ‘‘(1) a government-owned, government-operated 

11 laboratory; and 

12 ‘‘(2) a government-owned, contractor-operated 

13 laboratory. 

14 ‘‘(b) GENERAL AUTHORITY.— 

15 ‘‘(1) RESEARCH AND DEVELOPMENT ACTIVI16 TIES.—The Secretary may conduct research and de17 velopment activities, including demonstration 

18 projects and the collection and analysis of highway 

19 and motor vehicle safety data and related informa20 tion needed to carry out this section, with respect 

21 to— 

22 ‘‘(A) all aspects of highway and traffic 

23 safety systems and conditions relating to— 


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1 ‘‘(i) vehicle, highway, driver, pas2 senger, motorcyclist, bicyclist, and pedes3 trian characteristics; 

4 ‘‘(ii) accident causation and investiga5 tions; 

6 ‘‘(iii) communications; 

7 ‘‘(iv) emergency medical services; and 

8 ‘‘(v) transportation of the injured; 

9 ‘‘(B) human behavioral factors and their 

10 effect on highway and traffic safety, includ11 ing— 

12 ‘‘(i) driver education; 

13 ‘‘(ii) impaired driving; 

14 ‘‘(iii) distracted driving; and 

15 ‘‘(iv) new technologies installed in, or 

16 brought into, vehicles; 

17 ‘‘(C) an evaluation of the effectiveness of 

18 countermeasures to increase highway and traf19 fic safety, including occupant protection and 

20 alcohol- and drug-impaired driving technologies 

21 and initiatives; and 

22 ‘‘(D) the effect of State laws on any as23 pects, activities, or programs described in sub24 paragraphs (A) through (C). 


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1 ‘‘(2) COOPERATION, GRANTS, AND CON2 TRACTS.—The Secretary may carry out this sec3 tion— 

4 ‘‘(A) independently; 

5 ‘‘(B) in cooperation with other Federal de6 partments, agencies, and instrumentalities and 

7 Federal laboratories; 

8 ‘‘(C) by entering into contracts, coopera9 tive agreements, and other transactions with 

10 the National Academy of Sciences, any Federal 

11 laboratory, State or local agency, authority, as12 sociation, institution, foreign country, or person 

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

14 ‘‘(D) by making grants to the National 

15 Academy of Sciences, any Federal laboratory, 

16 State or local agency, authority, association, in17 stitution, or person (as defined in chapter 1 of 

18 title 1). 

19 ‘‘(c) COLLABORATIVE RESEARCH AND DEVELOP20 MENT.— 

21 ‘‘(1) IN GENERAL.—To encourage innovative 

22 solutions to highway safety problems, stimulate vol23 untary improvements in highway safety, and stimu24 late the marketing of new highway safety related 

25 technology by private industry, the Secretary is auVerDate Mar 15 2010 05:23 Jul 30, 2011 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1449.IS S1449

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1 thorized to carry out, on a cost-shared basis, collabo2 rative research and development with— 

3 ‘‘(A) non-Federal entities, including State 

4 and local governments, foreign countries, col5 leges, universities, corporations, partnerships, 

6 sole proprietorships, organizations serving the 

7 interests of children, people with disabilities, 

8 low-income populations, and older adults, and 

9 trade associations that are incorporated or es10 tablished under the laws of any State or the 

11 United States; and 

12 ‘‘(B) Federal laboratories. 

13 ‘‘(2) AGREEMENTS.—In carrying out this sub14 section, the Secretary may enter into cooperative re15 search and development agreements (as defined in 

16 section 12 of the Stevenson-Wydler Technology In17 novation Act of 1980 (15 U.S.C. 3710a)) in which 

18 the Secretary provides not more than 50 percent of 

19 the cost of any research or development project 

20 under this subsection. 

21 ‘‘(3) USE OF TECHNOLOGY.—The research, de22 velopment, or use of any technology pursuant to an 

23 agreement under this subsection, including the terms 

24 under which technology may be licensed and the re25 sulting royalties may be distributed, shall be subject 


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1 to the provisions of the Stevenson-Wydler Tech2 nology Innovation Act of 1980 (15 U.S.C. 3701 et 

3 seq.). 

4 ‘‘(d) TITLE TO EQUIPMENT.—In furtherance of the 

5 purposes set forth in section 402, the Secretary may vest 

6 title to equipment purchased for demonstration projects 

7 with funds authorized under this section to State or local 

8 agencies on such terms and conditions as the Secretary 

9 determines to be appropriate. 

10 ‘‘(e) TRAINING.—Notwithstanding the apportionment 

11 formula set forth in section 402(c)(2), 1 percent of the 

12 total amount available for apportionment to the States for 

13 highway safety programs under section 402(c) in each fis14 cal year shall be available, through the end of the suc15 ceeding fiscal year, to the Secretary, acting through the 

16 Administrator of the National Highway Traffic Safety Ad17 ministration— 

18 ‘‘(1) to provide training, conducted or developed 

19 by Federal or non-Federal entity or personnel, to 

20 Federal, State, and local highway safety personnel; 

21 and 

22 ‘‘(2) to pay for any travel, administrative, and 

23 other expenses related to such training. 

24 ‘‘(f) DRIVER LICENSING AND FITNESS TO DRIVE

25 CLEARINGHOUSE.—From amounts made available under 


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1 this section, the Secretary, acting through the Adminis2 trator of the National Highway Traffic Safety Administra3 tion, is authorized to expend $1,280,000 between October 

4 1, 2011, and September 30, 2013, to establish an elec5 tronic clearinghouse and technical assistance service to 

6 collect and disseminate research and analysis of medical 

7 and technical information and best practices concerning 

8 drivers with medical issues that may be used by State driv9 er licensing agencies in making licensing qualification de10 cisions. 

11 ‘‘(g) INTERNATIONAL HIGHWAY SAFETY INFORMA12 TION AND COOPERATION.— 

13 ‘‘(1) ESTABLISHMENT.—The Secretary, acting 

14 through the Administrator of the National Highway 

15 Traffic Safety Administration, may establish an 

16 international highway safety information and co17 operation program to— 

18 ‘‘(A) inform the United States highway 

19 safety community of laws, projects, programs, 

20 data, and technology in foreign countries that 

21 could be used to enhance highway safety in the 

22 United States; 

23 ‘‘(B) permit the exchange of information 

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1 grams, data, and technology that could be used 

2 to enhance highway safety; and 

3 ‘‘(C) allow the Secretary, represented by 

4 the Administrator, to participate and cooperate 

5 in international activities to enhance highway 

6 safety. 

7 ‘‘(2) COOPERATION.—The Secretary may carry 

8 out this subsection in cooperation with any appro9 priate Federal agency, State or local agency or au10 thority, foreign government, or multinational institu11 tion. 

12 ‘‘(h) PUBLIC HEALTH AUTHORITY.—For purposes of 

13 collecting and analyzing medical data for transportation 

14 safety research purposes under this chapter or chapter 

15 301 of title 49, the term ‘public health authority’ has the 

16 meaning given the term in section 164.501 of title 45, 

17 Code of Federal Regulations, and includes the National 

18 Highway Traffic Safety Administration. Any ‘protected 

19 health information’ (as defined in section 160.103 of title 

20 45, Code of Federal Regulations) collected or received by 

21 the National Highway Traffic Safety Administration in its 

22 capacity as a public health authority may not be subject 

23 to discovery, admitted into evidence, or used in any admin24 istrative, civil, criminal, or other judicial proceeding. 


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1 ‘‘(i) PROHIBITION ON CERTAIN DISCLOSURES.—Any 

2 report of the National Highway Traffic Safety Adminis3 tration, or of any officer, employee, or contractor of the 

4 National Highway Traffic Safety Administration, relating 

5 to any highway traffic accident or the investigation of such 

6 accident conducted pursuant to this chapter or chapter 

7 301 shall be made available to the public in a manner that 

8 does not identify individuals. 

9 ‘‘(j) MODEL SPECIFICATIONS FOR DEVICES.—The 

10 Secretary, acting through the Administrator of the Na11 tional Highway Traffic Safety Administration, may— 

12 ‘‘(1) develop model specifications and testing 

13 procedures for devices, including devices designed to 

14 measure the concentration of alcohol in the body; 

15 ‘‘(2) conduct periodic tests of such devices; 

16 ‘‘(3) publish a Conforming Products List of 

17 such devices that have met the model specifications; 

18 and 

19 ‘‘(4) may require that any necessary tests of 

20 such devices are conducted by a Federal laboratory 

21 and paid for by the device manufacturers.’’. 

22 SEC. 104. NATIONAL DRIVER REGISTER. 

23 Section 30302(b) of title 49, United States Code, is 

24 amended by adding at the end the following: ‘‘The SecVerDate Mar 15 2010 05:23 Jul 30, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1449.IS S1449

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1 retary shall make continual improvements to modernize 

2 the Register’s data processing system.’’. 

3 SEC. 105. COMBINED OCCUPANT PROTECTION GRANTS. 

4 (a) IN GENERAL.—Section 405 of title 23, United 

5 States Code, is amended to read as follows: 

6 ‘‘§ 405. Combined occupant protection grants 

7 ‘‘(a) GENERAL AUTHORITY.—Subject to the require8 ments of this section, the Secretary of Transportation 

9 shall award grants to States that adopt and implement 

10 effective occupant protection programs to reduce highway 

11 deaths and injuries resulting from individuals riding unre12 strained or improperly restrained in motor vehicles. 

13 ‘‘(b) FEDERAL SHARE.—The Federal share of the 

14 costs of activities funded using amounts from grants 

15 awarded under this section may not exceed 80 percent for 

16 each fiscal year for which a State receives a grant. 

17 ‘‘(c) ELIGIBILITY.— 

18 ‘‘(1) HIGH SEAT BELT USE RATE.—A State 

19 with an observed seat belt use rate of 90 percent or 

20 higher, based on the most recent data from a survey 

21 that conforms with national criteria established by 

22 the National Highway Traffic Safety Administra23 tion, shall be eligible for a grant in a fiscal year if 

24 the State— 


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1 ‘‘(A) submits an occupant protection plan 

2 during the first fiscal year; 

3 ‘‘(B) participates in the Click It or Ticket 

4 national mobilization; 

5 ‘‘(C) has an active network of child re6 straint inspection stations; and 

7 ‘‘(D) has a plan to recruit, train, and 

8 maintain a sufficient number of child passenger 

9 safety technicians. 

10 ‘‘(2) LOWER SEAT BELT USE RATE.—A State 

11 with an observed seat belt use rate below 90 percent, 

12 based on the most recent data from a survey that 

13 conforms with national criteria established by the 

14 National Highway Traffic Safety Administration, 

15 shall be eligible for a grant in a fiscal year if— 

16 ‘‘(A) the State meets all of the require17 ments under subparagraphs (A) through (D) of 

18 paragraph (1); and 

19 ‘‘(B) the Secretary determines that the 

20 State meets at least 3 of the following criteria: 

21 ‘‘(i) The State conducts sustained (on22 going and periodic) seat belt enforcement 

23 at a defined level of participation during 

24 the year. 


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1 ‘‘(ii) The State has enacted and en2 forces a primary enforcement seat belt use 

3 law. 

4 ‘‘(iii) The State has implemented 

5 countermeasure programs for high-risk 

6 populations, such as drivers on rural road7 ways, unrestrained nighttime drivers, or 

8 teenage drivers. 

9 ‘‘(iv) The State has enacted and en10 forces occupant protection laws requiring 

11 front and rear occupant protection use by 

12 all occupants in an age-appropriate re13 straint. 

14 ‘‘(v) The State has implemented a 

15 comprehensive occupant protection pro16 gram in which the State has— 

17 ‘‘(I) conducted a program assess18 ment; 

19 ‘‘(II) developed a statewide stra20 tegic plan; 

21 ‘‘(III) designated an occupant 

22 protection coordinator; and 

23 ‘‘(IV) established a statewide oc24 cupant protection task force. 

25 ‘‘(vi) The State— 


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1 ‘‘(I) completed an assessment of 

2 its occupant protection program dur3 ing the 3-year period preceding the 

4 grant year; or 

5 ‘‘(II) will conduct such an assess6 ment during the first year of the 

7 grant. 

8 ‘‘(d) USE OF GRANT AMOUNTS.—Grant funds re9 ceived pursuant to this section may be used to— 

10 ‘‘(1) carry out a program to support high-visi11 bility enforcement mobilizations, including paid 

12 media that emphasizes publicity for the program, 

13 and law enforcement; 

14 ‘‘(2) carry out a program to train occupant pro15 tection safety professionals, police officers, fire and 

16 emergency medical personnel, educators, and parents 

17 concerning all aspects of the use of child restraints 

18 and occupant protection; 

19 ‘‘(3) carry out a program to educate the public 

20 concerning the proper use and installation of child 

21 restraints, including related equipment and informa22 tion systems; 

23 ‘‘(4) carry out a program to provide community 

24 child passenger safety services, including programs 


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1 about proper seating positions for children and how 

2 to reduce the improper use of child restraints; 

3 ‘‘(5) purchase and distribute child restraints to 

4 low-income families if not more than 5 percent of 

5 the funds received in a fiscal year are used for this 

6 purpose; 

7 ‘‘(6) establish and maintain information sys8 tems containing data concerning occupant protec9 tion, including the collection and administration of 

10 child passenger safety and occupant protection sur11 veys; and 

12 ‘‘(7) carry out a program to educate the public 

13 concerning the dangers of leaving children unat14 tended in vehicles. 

15 ‘‘(e) GRANT AMOUNT.—The allocation of grant funds 

16 under this section to a State for a fiscal year shall be in 

17 proportion to the State’s apportionment under section 402 

18 for fiscal year 2009. 

19 ‘‘(f) REPORT.—A State that receives a grant under 

20 this section shall submit a report to the Secretary that 

21 documents the manner in which the grant amounts were 

22 obligated and expended and identifies the specific pro23 grams carried out with the grant funds. The report shall 

24 be in a form prescribed by the Secretary and may be comVerDate Mar 15 2010 05:23 Jul 30, 2011 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1449.IS S1449

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1 bined with other State grant reporting requirements under 

2 chapter 4 of title 23, United States Code. 

3 ‘‘(g) DEFINITIONS.—In this section: 

4 ‘‘(1) CHILD RESTRAINT.—The term ‘child re5 straint’ means any device (including child safety 

6 seat, booster seat, harness, and excepting seat belts) 

7 designed for use in a motor vehicle to restrain, seat, 

8 or position children who weigh 65 pounds (30 kilo9 grams) or less, and certified to the Federal motor 

10 vehicle safety standard prescribed by the National 

11 Highway Traffic Safety Administration for child re12 straints. 

13 ‘‘(2) SEAT BELT.—The term ‘seat belt’ 

14 means— 

15 ‘‘(A) with respect to open-body motor vehi16 cles, including convertibles, an occupant re17 straint system consisting of a lap belt or a lap 

18 belt and a detachable shoulder belt; and 

19 ‘‘(B) with respect to other motor vehicles, 

20 an occupant restraint system consisting of inte21 grated lap and shoulder belts.’’. 

22 (b) CONFORMING AMENDMENT.—The analysis for 

23 chapter 4 of title 23, United States Code, is amended by 

24 striking the item relating to section 405 and inserting the 

25 following: 

‘‘405. Combined occupant protection grants.’’. 


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1 SEC. 106. STATE TRAFFIC SAFETY INFORMATION SYSTEM 

2 IMPROVEMENTS. 

3 Section 408 of title 23, United States Code, is 

4 amended to read as follows: 

5 ‘‘§ 408. State traffic safety information system im6 provements 

7 ‘‘(a) GENERAL AUTHORITY.—Subject to the require8 ments of this section, the Secretary of Transportation 

9 shall award grants to States to support the development 

10 and implementation of effective State programs that— 

11 ‘‘(1) improve the timeliness, accuracy, complete12 ness, uniformity, integration, and accessibility of the 

13 State safety data that is needed to identify priorities 

14 for Federal, State, and local highway and traffic 

15 safety programs; 

16 ‘‘(2) evaluate the effectiveness of efforts to 

17 make such improvements; 

18 ‘‘(3) link the State data systems, including traf19 fic records, with other data systems within the 

20 State, such as systems that contain medical, road21 way, and economic data; 

22 ‘‘(4) improve the compatibility and interoper23 ability of the data systems of the State with national 

24 data systems and data systems of other States; and 


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1 ‘‘(5) enhance the ability of the Secretary to ob2 serve and analyze national trends in crash occur3 rences, rates, outcomes, and circumstances. 

4 ‘‘(b) FEDERAL SHARE.—The Federal share of the 

5 cost of adopting and implementing in a fiscal year a State 

6 program described in this section may not exceed 80 per7 cent. 

8 ‘‘(c) ELIGIBILITY.—A State is not eligible for a grant 

9 under this section in a fiscal year unless the State dem10 onstrates, to the satisfaction of the Secretary, that the 

11 State— 

12 ‘‘(1) has a functioning traffic records coordi13 nating committee (referred to in this subsection as 

14 ‘TRCC’) that meets at least 3 times a year; 

15 ‘‘(2) has designated a TRCC coordinator; 

16 ‘‘(3) has established a State traffic record stra17 tegic plan that has been approved by the TRCC and 

18 describes specific quantifiable and measurable im19 provements anticipated in the State’s core safety 

20 databases, including crash, citation or adjudication, 

21 driver, emergency medical services or injury surveil22 lance system, roadway, and vehicle databases; 

23 ‘‘(4) has demonstrated quantitative progress in 

24 relation to the significant data program attribute 

25 of— 


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1 ‘‘(A) accuracy; 

2 ‘‘(B) completeness; 

3 ‘‘(C) timeliness; 

4 ‘‘(D) uniformity; 

5 ‘‘(E) accessibility; or 

6 ‘‘(F) integration of a core highway safety 

7 database; and 

8 ‘‘(5) has certified to the Secretary that an as9 sessment of the State’s highway safety data and 

10 traffic records system was conducted or updated 

11 during the preceding 5 years. 

12 ‘‘(d) USE OF GRANT AMOUNTS.—Grant funds re13 ceived by a State under this section shall be used for mak14 ing data program improvements to core highway safety 

15 databases related to quantifiable, measurable progress in 

16 any of the 6 significant data program attributes set forth 

17 in subsection (c)(4). 

18 ‘‘(e) GRANT AMOUNT.—The allocation of grant funds 

19 under this section to a State for a fiscal year shall be in 

20 proportion to the State’s apportionment under section 402 

21 for fiscal year 2009.’’. 

22 SEC. 107. IMPAIRED DRIVING COUNTERMEASURES. 

23 (a) IN GENERAL.—Section 410 of title 23, United 

24 States Code, is amended to read as follows: 


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1 ‘‘§ 410. Impaired driving countermeasures 

2 ‘‘(a) GRANTS AUTHORIZED.—Subject to the require3 ments of this section, the Secretary of Transportation 

4 shall award grants to States that adopt and implement— 

5 ‘‘(1) effective programs to reduce driving under 

6 the influence of alcohol, drugs, or the combination of 

7 alcohol and drugs; or 

8 ‘‘(2) alcohol-ignition interlock laws. 

9 ‘‘(b) FEDERAL SHARE.—The Federal share of the 

10 costs of activities funded using amounts from grants 

11 under this section may not exceed 80 percent in any fiscal 

12 year in which the State receives a grant. 

13 ‘‘(c) ELIGIBILITY.— 

14 ‘‘(1) LOW-RANGE STATES.—Low-range States 

15 shall be eligible for a grant under this section. 

16 ‘‘(2) MID-RANGE STATES.—A mid-range State 

17 shall be eligible for a grant under this section if— 

18 ‘‘(A) a statewide impaired driving task 

19 force in the State developed a statewide plan 

20 during the most recent 3 calendar years to ad21 dress the problem of impaired driving; or 

22 ‘‘(B) the State will convene a statewide im23 paired driving task force to develop such a plan 

24 during the first year of the grant. 


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1 ‘‘(3) HIGH-RANGE STATES.—A high-range 

2 State shall be eligible for a grant under this section 

3 if the State— 

4 ‘‘(A)(i) conducted an assessment of the 

5 State’s impaired driving program during the 

6 most recent 3 calendar years; or 

7 ‘‘(ii) will conduct such an assessment dur8 ing the first year of the grant; 

9 ‘‘(B) convenes, during the first year of the 

10 grant, a statewide impaired driving task force 

11 to develop a statewide plan that— 

12 ‘‘(i) addresses any recommendations 

13 from the assessment conducted under sub14 paragraph (A); 

15 ‘‘(ii) includes a detailed plan for 

16 spending any grant funds provided under 

17 this section; and 

18 ‘‘(iii) describes how such spending 

19 supports the statewide comprehensive pro20 gram; 

21 ‘‘(C)(i) submits the statewide plan to the 

22 National Highway Traffic Safety Administra23 tion during the first year of the grant for the 

24 agency’s review and approval; 


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1 ‘‘(ii) annually updates the statewide plan 

2 in each subsequent year of the grant; and 

3 ‘‘(iii) submits each updated statewide plan 

4 for the agency’s review and comment; and 

5 ‘‘(D) appoints an impaired driving coordi6 nator— 

7 ‘‘(i) to coordinate the State’s activities 

8 to address enforcement and adjudication of 

9 laws to address driving while impaired by 

10 alcohol; and 

11 ‘‘(ii) to oversee the implementation of 

12 the statewide plan. 

13 ‘‘(d) USE OF GRANT AMOUNTS.— 

14 ‘‘(1) REQUIRED PROGRAMS.—High-range 

15 States shall use grant funds for— 

16 ‘‘(A) high visibility enforcement efforts; 

17 and 

18 ‘‘(B) any of the activities described in 

19 paragraph (2) if— 

20 ‘‘(i) the activity is described in the 

21 statewide plan; and 

22 ‘‘(ii) the Secretary approves the use of 

23 funding for such activity. 

24 ‘‘(2) AUTHORIZED PROGRAMS.—Medium-range 

25 and low-range States may use grant funds for— 


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1 ‘‘(A) any of the purposes described in 

2 paragraph (1); 

3 ‘‘(B) paid and earned media in support of 

4 high visibility enforcement efforts; 

5 ‘‘(C) hiring a full-time impaired driving co6 ordinator of the State’s activities to address the 

7 enforcement and adjudication of laws regarding 

8 driving while impaired by alcohol; 

9 ‘‘(D) court support of high visibility en10 forcement efforts; 

11 ‘‘(E) alcohol ignition interlock programs; 

12 ‘‘(F) improving blood-alcohol concentration 

13 testing and reporting; 

14 ‘‘(G) establishing driving while intoxicated 

15 courts; 

16 ‘‘(H) conducting— 

17 ‘‘(i) standardized field sobriety train18 ing; 

19 ‘‘(ii) advanced roadside impaired driv20 ing evaluation training; and 

21 ‘‘(iii) drug recognition expert training 

22 for law enforcement; 

23 ‘‘(I) training and education of criminal jus24 tice professionals (including law enforcement, 

25 prosecutors, judges and probation officers) to 


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1 assist such professionals in handling impaired 

2 driving cases; 

3 ‘‘(J) traffic safety resource prosecutors; 

4 ‘‘(K) judicial outreach liaisons; 

5 ‘‘(L) equipment and related expenditures 

6 used in connection with impaired driving en7 forcement in accordance with criteria estab8 lished by the National Highway Traffic Safety 

9 Administration; 

10 ‘‘(M) training on the use of alcohol screen11 ing and brief intervention; and 

12 ‘‘(N) developing impaired driving informa13 tion systems. 

14 ‘‘(3) OTHER PROGRAMS.—Low-range States 

15 may use grant funds for any expenditure designed to 

16 reduce impaired driving based on problem identifica17 tion. 

18 ‘‘(e) GRANT AMOUNT.—Subject to subsection (g), the 

19 allocation of grant funds to a State under this section for 

20 a fiscal year shall be in proportion to the State’s appor21 tionment under section 402(c) for fiscal year 2009. 

22 ‘‘(f) CHANGES IN THE AVERAGE IMPAIRED DRIVING

23 FATALITY RATE.—The Secretary, acting through the Ad24 ministrator of the National Highway Traffic Safety Ad25 ministration, may change the average impaired driving faVerDate Mar 15 2010 05:23 Jul 30, 2011 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1449.IS S1449

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1 tality rate that establishes the Low-range, Mid-range, and 

2 High-range under this section every 3 years, based upon 

3 changing conditions across the Nation. 

4 ‘‘(g) GRANTS TO STATES THAT ADOPT AND EN5 FORCE MANDATORY ALCOHOL-IGNITION INTERLOCK

6 LAWS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall make a 

8 separate grant under this section to each State that 

9 adopts and is enforcing a mandatory alcohol-ignition 

10 interlock law for all individuals convicted of driving 

11 under the influence of alcohol or of driving while in12 toxicated. 

13 ‘‘(2) USE OF FUNDS.—Such grants may be 

14 used by recipient States only for costs associated 

15 with the State’s alcohol-ignition interlock program, 

16 including screening, assessment, and program and 

17 offender oversight. 

18 ‘‘(3) ALLOCATION.—Funds made available 

19 under this subsection shall be allocated among 

20 States described in paragraph (1) on the basis of the 

21 apportionment formula under section 402(c). 

22 ‘‘(4) FUNDING.—Not more than 15 percent of 

23 the amounts made available to carry out this section 

24 in a fiscal year shall be made available by the Sec25 retary for making grants under this subsection. 


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1 ‘‘(h) DEFINITIONS.—In this section: 

2 ‘‘(1) AVERAGE IMPAIRED DRIVING FATALITY

3 RATE.—The term ‘average impaired driving fatality 

4 rate’ means the number of fatalities in motor vehicle 

5 crashes involving a driver with a blood alcohol con6 centration of at least 0.08 for every 100,000,000 ve7 hicle miles traveled, based on the most recently re8 ported 3 calendar years of final data from the Fatal9 ity Analysis Reporting System, as calculated in ac10 cordance with regulations prescribed by the Adminis11 trator of the National Highway Traffic Safety Ad12 ministration. 

13 ‘‘(2) HIGH-RANGE STATE.—The term ‘high14 range State’ means a State that has an average im15 paired driving fatality rate of 0.60 or higher. 

16 ‘‘(3) LOW-RANGE STATE.—The term ‘low-range 

17 State’ means a State that has an average impaired 

18 driving fatality rate of 0.30 or lower. 

19 ‘‘(4) MID-RANGE STATE.—The term ‘mid-range 

20 State’ means a State that has an average impaired 

21 driving fatality rate that is higher than 0.30 and 

22 lower than 0.60.’’. 

23 (b) CONFORMING AMENDMENT.—The analysis for 

24 chapter 4 of title 23, United States Code, is amended by 


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1 striking the item relating to section 410 and inserting the 

2 following: 

‘‘410. Impaired driving countermeasures.’’. 

3 SEC. 108. DISTRACTED DRIVING GRANTS. 

4 (a) IN GENERAL.—Section 411 of title 23, United 

5 States Code, is amended to read as follows: 

6 ‘‘§ 411. Distracted driving grants 

7 ‘‘(a) IN GENERAL.—The Secretary shall award a 

8 grant under this section to any State that enacts and en9 forces a statute that meets the requirements set forth in 

10 subsections (b) and (c). 

11 ‘‘(b) PROHIBITION ON TEXTING WHILE DRIVING.— 

12 A State statute meets the requirements set forth in this 

13 subsection if the statute— 

14 ‘‘(1) prohibits drivers from texting through a 

15 personal wireless communications device while driv16 ing; 

17 ‘‘(2) makes violation of the statute a primary 

18 offense; 

19 ‘‘(3) establishes— 

20 ‘‘(A) a minimum fine for a first violation 

21 of the statute; and 

22 ‘‘(B) increased fines for repeat violations; 

23 and 

24 ‘‘(4) provides increased civil and criminal pen25 alties than would otherwise apply if a vehicle acciVerDate Mar 15 2010 05:23 Jul 30, 2011 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1449.IS S1449

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1 dent is caused by a driver who is using such a device 

2 in violation of the statute. 

3 ‘‘(c) PROHIBITION ON YOUTH CELL PHONE USE

4 WHILE DRIVING.—A State statute meets the require5 ments set forth in this subsection if the statute— 

6 ‘‘(1) prohibits a driver who is younger than 18 

7 years of age from using a personal wireless commu8 nications device while driving; 

9 ‘‘(2) makes violation of the statute a primary 

10 offense; 

11 ‘‘(3) requires distracted driving issues to be 

12 tested as part of the State driver’s license examina13 tion; 

14 ‘‘(4) establishes— 

15 ‘‘(A) a minimum fine for a first violation 

16 of the statute; and 

17 ‘‘(B) increased fines for repeat violations; 

18 and 

19 ‘‘(5) provides increased civil and criminal pen20 alties than would otherwise apply if a vehicle acci21 dent is caused by a driver who is using such a device 

22 in violation of the statute. 

23 ‘‘(d) PERMITTED EXCEPTIONS.—A statute that 

24 meets the requirements set forth in subsections (b) and 

25 (c) may provide exceptions for— 


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1 ‘‘(1) a driver who uses a personal wireless com2 munications device to contact emergency services; 

3 ‘‘(2) emergency services personnel who use a 

4 personal wireless communications device while— 

5 ‘‘(A) operating an emergency services vehi6 cle; and 

7 ‘‘(B) engaged in the performance of their 

8 duties as emergency services personnel; and 

9 ‘‘(3) an individual employed as a commercial 

10 motor vehicle driver or a school bus driver who uses 

11 a personal wireless communications device within the 

12 scope of such individual’s employment if such use is 

13 permitted under the regulations promulgated pursu14 ant to section 31152 of title 49. 

15 ‘‘(e) USE OF GRANT FUNDS.—Of the grant funds re16 ceived by a State under this section— 

17 ‘‘(1) at least 50 percent shall be used— 

18 ‘‘(A) to educate the public through adver19 tising containing information about the dangers 

20 of texting or using a cell phone while driving; 

21 ‘‘(B) for traffic signs that notify drivers 

22 about the distracted driving law of the State; or 

23 ‘‘(C) for law enforcement costs related to 

24 the enforcement of the distracted driving law; 

25 and 


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1 ‘‘(2) up to 50 percent may be used for other 

2 projects that— 

3 ‘‘(A) improve traffic safety; and 

4 ‘‘(B) are consistent with the criteria set 

5 forth in section 402(a). 

6 ‘‘(f) ADDITIONAL GRANTS.—In fiscal year 2012, the 

7 Secretary may use up to 25 percent of the funding avail8 able for grants under this section to award grants to 

9 States that— 

10 ‘‘(1) enacted statutes before July 1, 2011, 

11 which meet the requirements under paragraphs (1) 

12 and (2) of subsection (b); and 

13 ‘‘(2) are otherwise ineligible for a grant under 

14 this section. 

15 ‘‘(g) DEFINITIONS.—In this section: 

16 ‘‘(1) DRIVING.—The term ‘driving’— 

17 ‘‘(A) means operating a motor vehicle on a 

18 public road, including operation while tempo19 rarily stationary because of traffic, a traffic 

20 light or stop sign, or otherwise; and 

21 ‘‘(B) does not include operating a motor 

22 vehicle when the vehicle has pulled over to the 

23 side of, or off, an active roadway and has 

24 stopped in a location where it can safely remain 

25 stationary. 


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1 ‘‘(2) PERSONAL WIRELESS COMMUNICATIONS

2 DEVICE.—The term ‘personal wireless communica3 tions device’— 

4 ‘‘(A) means a device through which per5 sonal wireless services (as defined in section 

6 332(c)(7)(C)(i) of the Communications Act of 

7 1934 (47 U.S.C. 332(c)(7)(C)(i))) are trans8 mitted; and 

9 ‘‘(B) does not include a global navigation 

10 satellite system receiver used for positioning, 

11 emergency notification, or navigation purposes. 

12 ‘‘(3) PRIMARY OFFENSE.—The term ‘primary 

13 offense’ means an offense for which a law enforce14 ment officer may stop a vehicle solely for the pur15 pose of issuing a citation in the absence of evidence 

16 of another offense. 

17 ‘‘(4) PUBLIC ROAD.—The term ‘public road’ 

18 has the meaning given that term in section 402(c). 

19 ‘‘(5) TEXTING.—The term ‘texting’ means 

20 reading from or manually entering data into a per21 sonal wireless communications device, including 

22 doing so for the purpose of SMS texting, e-mailing, 

23 instant messaging, or engaging in any other form of 

24 electronic data retrieval or electronic data commu25 nication.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 4 of title 23, United States Code, is amended by 

3 striking the item relating to section 411 and inserting the 

4 following: 

‘‘411. Distracted driving grants.’’. 

5 SEC. 109. HIGH VISIBILITY ENFORCEMENT PROGRAM. 

6 Section 2009 of SAFETEA–LU (Public Law 109– 

7 59; 23 U.S.C. 402 note) is amended— 

8 (1) in subsection (a)— 

9 (A) by striking ‘‘at least 2’’ and inserting 

10 ‘‘at least 3’’; and 

11 (B) by striking ‘‘years 2006 through 

12 2009.’’ and inserting ‘‘fiscal years 2012 and 

13 2013. The Administrator may also initiate and 

14 support additional campaigns in each of fiscal 

15 years 2012 and 2013 for the purposes specified 

16 in subsection (b).’’; 

17 (2) in subsection (b) by striking ‘‘either or 

18 both’’ and inserting ‘‘outcomes related to at least 

19 1’’; 

20 (3) in subsection (c), by inserting ‘‘and Inter21 net-based outreach’’ after ‘‘print media advertising’’; 

22 (4) in subsection (e), by striking ‘‘subsections 

23 (a), (c), and (f)’’ and inserting ‘‘subsection (c)’’; 

24 (5) by striking subsection (f); and 


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1 (6) by redesignating subsection (g) as sub2 section (f). 

3 SEC. 110. MOTORCYCLIST SAFETY. 

4 Section 2010 of SAFETEA–LU (Public Law 109– 

5 59; 23 U.S.C. 402 note) is amended— 

6 (1) by striking subsections (b) and (g); 

7 (2) by redesignating subsections (c), (d), (e), 

8 and (f) as subsections (b), (c), (d), and (e), respec9 tively; and 

10 (3) in subsection (c)(1), as redesignated by 

11 striking ‘‘to the satisfaction of the Secretary—’’ and 

12 all that follows and inserting ‘‘, to the satisfaction 

13 of the Secretary, at least 2 of the 6 criteria listed 

14 in paragraph (2).’’. 

15 SEC. 111. DRIVER ALCOHOL DETECTION SYSTEM FOR SAFE16 TY RESEARCH. 

17 (a) IN GENERAL.—Chapter 4 of title 23, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘§ 413. In-vehicle alcohol detection device research 

21 ‘‘(a) IN GENERAL.—The Administrator of the Na22 tional Highway Traffic Safety Administration shall carry 

23 out a collaborative research effort under chapter 301 of 

24 title 49, United States Code, to continue to explore the 

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1 icy challenges associated with, more widespread deploy2 ment of in-vehicle technology to prevent alcohol-impaired 

3 driving. 

4 ‘‘(b) REPORTS.—The Administrator shall submit a 

5 report annually to the Senate Committee on Commerce, 

6 Science, and Transportation and the House of Represent7 atives Committee on Transportation and Infrastructure— 

8 ‘‘(1) describing progress in carrying out the col9 laborative research effort; and 

10 ‘‘(2) including an accounting for the use of 

11 Federal funds obligated or expended in carrying out 

12 that effort. 

13 ‘‘(c) DEFINITIONS.—In this title: 

14 ‘‘(1) ALCOHOL-IMPAIRED DRIVING.—The term 

15 ‘alcohol-impaired driving’ means operation of a 

16 motor vehicle (as defined in section 30102(a)(6) of 

17 title 49, United States Code) by an individual whose 

18 blood alcohol content is at or above the legal limit. 

19 ‘‘(2) LEGAL LIMIT.—The term ‘legal limit’ 

20 means a blood alcohol concentration of 0.08 percent 

21 or greater (as specified by chapter 163 of title 23, 

22 United States Code) or such other percentage limita23 tion as may be established by applicable Federal, 

24 State, or local law.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 4 of title 23, United States Code, is amended by insert3 ing after the item relating to section 412 the following: 

‘‘413. In-vehicle alcohol detection device research.’’. 

4 SEC. 112. STATE GRADUATED DRIVER LICENSING LAWS. 

5 (a) IN GENERAL.—Chapter 4 of title 23, United 

6 States Code, as amended by this Act, is further amended 

7 by adding at the end the following: 

8 ‘‘§ 414. State Graduated Driver Licensing Incentive 

9 Grant 

10 ‘‘(a) GRANTS AUTHORIZED.—Subject to the require11 ments of this section, the Secretary shall award grants to 

12 States that adopt and implement graduated driver licens13 ing laws in accordance with the requirements set forth in 

14 subsection (b). 

15 ‘‘(b) MINIMUM REQUIREMENTS.— 

16 ‘‘(1) IN GENERAL.—A State meets the require17 ments set forth in this subsection if the State has 

18 a graduated driver licensing law that requires novice 

19 drivers younger than 21 years of age to comply with 

20 the 2-stage licensing process described in paragraph 

21 (2) before receiving an unrestricted driver’s license. 

22 ‘‘(2) LICENSING PROCESS.—A State is in com23 pliance with the 2-stage licensing process described 

24 in this paragraph if the State’s driver’s license laws 

25 include— 


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1 ‘‘(A) a learner’s permit stage that— 

2 ‘‘(i) is at least 6 months in duration; 

3 ‘‘(ii) prohibits the driver from using a 

4 cellular telephone or any communications 

5 device in a nonemergency situation; and 

6 ‘‘(iii) remains in effect until the driv7 er— 

8 ‘‘(I) reaches 16 years of age and 

9 enters the intermediate stage; or 

10 ‘‘(II) reaches 18 years of age; 

11 ‘‘(B) an intermediate stage that— 

12 ‘‘(i) commences immediately after the 

13 expiration of the learner’s permit stage; 

14 ‘‘(ii) is at least 6 months in duration; 

15 ‘‘(iii) prohibits the driver from using a 

16 cellular telephone or any communications 

17 device in a nonemergency situation; 

18 ‘‘(iv) restricts driving at night; 

19 ‘‘(v) prohibits the driver from oper20 ating a motor vehicle with more than 1 

21 nonfamilial passenger younger than 21 

22 years of age unless a licensed driver who is 

23 at least 21 years of age is in the motor ve24 hicle; and 


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1 ‘‘(vi) remains in effect until the driver 

2 reaches 18 years of age; and 

3 ‘‘(C) any other requirement prescribed by 

4 the Secretary of Transportation, including— 

5 ‘‘(i) in the learner’s permit stage— 

6 ‘‘(I) at least 40 hours of behind7 the-wheel training with a licensed 

8 driver who is at least 21 years of age; 

9 ‘‘(II) a driver training course; 

10 and 

11 ‘‘(III) a requirement that the 

12 driver be accompanied and supervised 

13 by a licensed driver, who is at least 21 

14 years of age, at all times while such 

15 driver is operating a motor vehicle; 

16 and 

17 ‘‘(ii) in the learner’s permit or inter18 mediate stage, a requirement, in addition 

19 to any other penalties imposed by State 

20 law, that the grant of an unrestricted driv21 er’s license be automatically delayed for 

22 any individual who, during the learner’s 

23 permit or intermediate stage, is convicted 

24 of a driving-related offense, including— 

25 ‘‘(I) driving while intoxicated; 


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1 ‘‘(II) misrepresentation of his or 

2 her true age; 

3 ‘‘(III) reckless driving; 

4 ‘‘(IV) driving without wearing a 

5 seat belt; 

6 ‘‘(V) speeding; or 

7 ‘‘(VI) any other driving-related 

8 offense, as determined by the Sec9 retary. 

10 ‘‘(c) RULEMAKING.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall pro12 mulgate regulations necessary to implement the re13 quirements under subsection (b), in accordance with 

14 the notice and comment provisions under section 

15 553 of title 5, United States Code. 

16 ‘‘(2) EXCEPTION.—A State that otherwise 

17 meets the minimum requirements set forth in sub18 section (b) shall be deemed by the Secretary to be 

19 in compliance with the requirement set forth in sub20 section (b) if the State enacted a law before January 

21 1, 2011, establishing a class of license that permits 

22 licensees or applicants younger than 18 years of age 

23 to drive a motor vehicle— 

24 ‘‘(A) in connection with work performed 

25 on, or for the operation of, a farm owned by 


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1 family members who are directly related to the 

2 applicant or licensee; or 

3 ‘‘(B) if demonstrable hardship would result 

4 from the denial of a license to the licensees or 

5 applicants. 

6 ‘‘(d) ALLOCATION.—Grant funds allocated to a State 

7 under this section for a fiscal year shall be in proportion 

8 to a State’s apportionment under section 402 for such fis9 cal year. 

10 ‘‘(e) USE OF FUNDS.—Grant funds received by a 

11 State under this section may be used for— 

12 ‘‘(1) enforcing a 2-stage licensing process that 

13 complies with subsection (b)(2); 

14 ‘‘(2) training for law enforcement personnel and 

15 other relevant State agency personnel relating to the 

16 enforcement described in paragraph (1); 

17 ‘‘(3) publishing relevant educational materials 

18 that pertain directly or indirectly to the State grad19 uated driver licensing law; 

20 ‘‘(4) carrying out other administrative activities 

21 that the Secretary considers relevant to the State’s 

22 2-stage licensing process; and 

23 ‘‘(5) carrying out a teen traffic safety program 

24 described in section 402(m).’’. 


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1 SEC. 113. AGENCY ACCOUNTABILITY. 

2 Section 412 of title 23, United States Code, is 

3 amended— 

4 (1) by amending subsection (a) to read as fol5 lows: 

6 ‘‘(a) TRIENNIAL STATE MANAGEMENT REVIEWS.— 

7 ‘‘(1) IN GENERAL.—Except as provided under 

8 paragraph (2), the Secretary shall conduct a review 

9 of each State highway safety program at least once 

10 every 3 years. 

11 ‘‘(2) EXCEPTIONS.—The Secretary may con12 duct reviews of the highway safety programs of the 

13 United States Virgin Islands, Guam, American 

14 Samoa, and the Commonwealth of the Northern 

15 Mariana Islands as often as the Secretary deter16 mines to be appropriate. 

17 ‘‘(3) COMPONENTS.—Reviews under this sub18 section shall include— 

19 ‘‘(A) a management evaluation of all grant 

20 programs funded under this chapter; 

21 ‘‘(B) an assessment of State data collec22 tion and evaluation relating to performance 

23 measures established by the Secretary; 

24 ‘‘(C) a comparison of State efforts under 

25 subparagraphs (A) and (B) to best practices 


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1 and programs that have been evaluated for ef2 fectiveness; and 

3 ‘‘(D) the development of recommendations 

4 on how each State could— 

5 ‘‘(i) improve the management and 

6 oversight of its grant activities; and 

7 ‘‘(ii) provide a management and over8 sight plan for such grant programs.’’; and 

9 (2) by striking subsection (f). 

10 SEC. 114. EMERGENCY MEDICAL SERVICES. 

11 Section 10202 of Public Law 109–59 (42 U.S.C. 

12 300d–4) is amended by adding at the end the following: 

13 ‘‘(b) NATIONAL EMERGENCY MEDICAL SERVICES

14 ADVISORY COUNCIL.— 

15 ‘‘(1) ESTABLISHMENT.—The Secretary of 

16 Transportation, in coordination with the Secretary 

17 of Health and Human Services and the Secretary of 

18 Homeland Security, shall establish a National Emer19 gency Medical Services Advisory Council (referred to 

20 in this subsection as the ‘Advisory Council’). 

21 ‘‘(2) MEMBERSHIP.—The Advisory Council 

22 shall be composed of 25 members, who— 

23 ‘‘(A) shall be appointed by the Secretary of 

24 Transportation; and 


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1 ‘‘(B) shall collectively be representative of 

2 all sectors of the emergency medical services 

3 community. 

4 ‘‘(3) PURPOSES.—The purposes of the Advisory 

5 Council are to advise and consult with— 

6 ‘‘(A) the Federal Interagency Committee 

7 on Emergency Medical Services on matters re8 lating to emergency medical services issues; and 

9 ‘‘(B) the Secretary of Transportation on 

10 matters relating to emergency medical services 

11 issues affecting the Department of Transpor12 tation. 

13 ‘‘(4) ADMINISTRATION.—The Administrator of 

14 the National Highway Traffic Safety Administration 

15 shall provide administrative support to the Advisory 

16 Council, including scheduling meetings, setting agen17 das, keeping minutes and records, and producing re18 ports. 

19 ‘‘(5) LEADERSHIP.—The members of the Advi20 sory Council shall annually select a chairperson of 

21 the Council. 

22 ‘‘(6) MEETINGS.—The Advisory Council shall 

23 meet as frequently as is determined necessary by the 

24 chairperson of the Council. 


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1 ‘‘(7) ANNUAL REPORTS.—The Advisory Council 

2 shall prepare an annual report to the Secretary of 

3 Transportation regarding the Council’s actions and 

4 recommendations.’’. 

5 SEC. 115. EFFECTIVE DATE. 

6 Sections 102 through 114, and the amendments and 

7 repeals made by such sections, shall take effect on October 

8 1, 2011. 

9 TITLE II—ENHANCED SAFETY 

10 AUTHORITIES 

11 SEC. 201. DEFINITION OF MOTOR VEHICLE EQUIPMENT. 

12 Section 30102(a)(7)(C) of title 49, United States 

13 Code, is amended to read as follows: 

14 ‘‘(C) any device or an article or apparel, 

15 including a motorcycle helmet and excluding 

16 medicine or eyeglasses prescribed by a licensed 

17 practitioner, that— 

18 ‘‘(i) is not a system, part, or compo19 nent of a motor vehicle; and 

20 ‘‘(ii) is manufactured, sold, delivered, 

21 or offered to be sold for use on public 

22 streets, roads, and highways with the ap23 parent purpose of safeguarding motor vehi24 cles and highway users against risk of acci25 dent, injury, or death.’’. 


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1 SEC. 202. PERMIT REMINDER SYSTEM FOR NON-USE OF 

2 SAFETY BELTS. 

3 (a) IN GENERAL.—Chapter 301 of title 49, United 

4 States Code, is amended— 

5 (1) in section 30122, by striking subsection (d); 

6 and 

7 (2) by amending section 30124 to read as fol8 lows: 

9 ‘‘§ 30124. Nonuse of safety belts 

10 ‘‘A motor vehicle safety standard prescribed under 

11 this chapter may not require a manufacturer to comply 

12 with the standard by using a safety belt interlock designed 

13 to prevent starting or operating a motor vehicle if an occu14 pant is not using a safety belt.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis for 

16 chapter 301 of title 49, United States Code, is amended 

17 by striking the item relating to section 30124 and insert18 ing the following: 

‘‘Sec. 30124. Nonuse of safety belts.’’. 

19 SEC. 203. CIVIL PENALTIES. 

20 (a) IN GENERAL.—Section 30165 of title 49, United 

21 States Code, is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (1)— 

24 (i) by striking ‘‘30123(d)’’ and insert25 ing ‘‘30123(a)’’; and 


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1 (ii) by striking ‘‘$15,000,000’’ and in2 serting ‘‘$250,000,000’’; and 

3 (B) in paragraph (3), by striking 

4 ‘‘$15,000,000’’ and inserting ‘‘$250,000,000’’; 

5 and 

6 (2) by amending subsection (c) to read as fol7 lows: 

8 ‘‘(c) RELEVANT FACTORS IN DETERMINING AMOUNT

9 OF PENALTY OR COMPROMISE.—In determining the 

10 amount of a civil penalty or compromise under this sec11 tion, the Secretary of Transportation shall consider the 

12 nature, circumstances, extent, and gravity of the violation. 

13 Such determination shall include, as appropriate— 

14 ‘‘(1) the nature of the defect or noncompliance; 

15 ‘‘(2) knowledge by the person charged of its ob16 ligation to recall or notify the public; 

17 ‘‘(3) the severity of the risk of injury; 

18 ‘‘(4) the occurrence or absence of injury; 

19 ‘‘(5) the number of motor vehicles or items of 

20 motor vehicle equipment distributed with the defect 

21 or noncompliance; 

22 ‘‘(6) the existence of an imminent hazard; 

23 ‘‘(7) actions taken by the person charged to 

24 identify, investigate, or mitigate the condition; 


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1 ‘‘(8) the appropriateness of such penalty in re2 lation to the size of the business of the person 

3 charged, including the potential for undue adverse 

4 economic impacts; 

5 ‘‘(9) whether the person has previously been as6 sessed civil penalties under this section during the 

7 most recent 5 years; and 

8 ‘‘(10) other appropriate factors.’’. 

9 (b) CIVIL PENALTY CRITERIA.—Not later than 1 

10 year after the date of the enactment of this Act, the Sec11 retary shall issue a final rule, in accordance with the pro12 cedures of section 553 of title 5, United States Code, 

13 which provides an interpretation of the penalty factors de14 scribed in section 30165(c) of title 49, United States 

15 Code. 

16 (c) CONSTRUCTION.—Nothing in this section may be 

17 construed as preventing the imposition of penalties under 

18 section 30165 of title 49, United States Code, before the 

19 issuance of a final rule under subsection (b). 

20 SEC. 204. MOTOR VEHICLE SAFETY RESEARCH AND DEVEL21 OPMENT. 

22 (a) IN GENERAL.—Chapter 301 of title 49, United 

23 States Code, is amended by adding at the end the fol24 lowing: 


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1 ‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY 

2 RESEARCH AND DEVELOPMENT 

3 ‘‘§ 30181. Policy 

4 ‘‘The Secretary of Transportation shall conduct re5 search, development, and testing on any area or aspect 

6 of motor vehicle safety necessary to carry out this chapter. 

7 ‘‘§ 30182. Powers and duties 

8 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

9 shall— 

10 ‘‘(1) conduct motor vehicle safety research, de11 velopment, and testing programs and activities, in12 cluding new and emerging technologies that impact 

13 or may impact motor vehicle safety; 

14 ‘‘(2) collect and analyze all types of motor vehi15 cle and highway safety data and related information 

16 to determine the relationship between motor vehicle 

17 or motor vehicle equipment performance characteris18 tics and— 

19 ‘‘(A) accidents involving motor vehicles; 

20 and 

21 ‘‘(B) deaths or personal injuries resulting 

22 from those accidents; 

23 ‘‘(3) promote, support, and advance the edu24 cation and training of motor vehicle safety staff of 


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1 the National Highway Traffic Safety Administra2 tion, including using program funds for— 

3 ‘‘(A) planning, implementing, conducting, 

4 and presenting results of program activities; 

5 and 

6 ‘‘(B) travel and related expenses; 

7 ‘‘(4) obtain experimental and other motor vehi8 cles and motor vehicle equipment for research or 

9 testing; 

10 ‘‘(5)(A) use any test motor vehicles and motor 

11 vehicle equipment suitable for continued use, as de12 termined by the Secretary to assist in carrying out 

13 this chapter or any other chapter of this title; or 

14 ‘‘(B) sell or otherwise dispose of test motor ve15 hicles and motor vehicle equipment and use the re16 sulting proceeds to carry out this chapter; 

17 ‘‘(6) award grants to States and local govern18 ments, interstate authorities, and nonprofit institu19 tions; and 

20 ‘‘(7) enter into cooperative agreements, collabo21 rative research, or contracts with Federal agencies, 

22 interstate authorities, State and local governments, 

23 other public entities, private organizations and per24 sons, nonprofit institutions, colleges and universities, 

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1 ships, sole proprietorships, trade associations, Fed2 eral laboratories (including government-owned, gov3 ernment-operated laboratories and government4 owned, contractor-operated laboratories), and foreign 

5 governments and research organizations. 

6 ‘‘(b) USE OF PUBLIC AGENCIES.—In carrying out 

7 this subchapter, the Secretary shall avoid duplication by 

8 using the services, research, and testing facilities of public 

9 agencies, as appropriate. 

10 ‘‘(c) FACILITIES.—The Secretary may plan, design, 

11 and build a new facility or modify an existing facility to 

12 conduct research, development, and testing in traffic safe13 ty, highway safety, and motor vehicle safety. 

14 ‘‘(d) AVAILABILITY OF INFORMATION, PATENTS, AND

15 DEVELOPMENTS.—When the United States Government 

16 makes more than a minimal contribution to a research or 

17 development activity under this chapter, the Secretary 

18 shall include in the arrangement for the activity a provi19 sion to ensure that all information, patents, and develop20 ments related to the activity are available to the public 

21 without charge. The owner of a background patent may 

22 not be deprived of a right under the patent. 

23 ‘‘§ 30183. Public health authority 

24 ‘‘For purposes of collecting and analyzing medical 

25 data for transportation safety research under this chapter 


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1 or chapter 4 of title 23, the term ‘public health authority’ 

2 (as defined in section 164.501 of title 45, Code of Federal 

3 Regulations), shall include the National Highway Traffic 

4 Safety Administration. Any ‘protected health information’ 

5 (as defined in section 160.103 of title 45, Code of Federal 

6 Regulations) collected or received by the National High7 way Traffic Safety Administration in its capacity as a 

8 public health authority may not be subject to discovery, 

9 be admitted into evidence, or be used in any administra10 tive, civil, criminal, or other judicial proceeding. 

11 ‘‘§ 30184. Prohibition on certain disclosures 

12 ‘‘Any report of the National Highway Traffic Safety 

13 Administration, or of any officer, employee, or contractor 

14 of the National Highway Traffic Safety Administration, 

15 relating to any highway traffic accident or the investiga16 tion of such accident conducted pursuant to this chapter 

17 or section 403 of title 23, shall be made available to the 

18 public in a manner that does not identify individuals.’’. 

19 (b) CONFORMING AMENDMENTS.— 

20 (1) AMENDMENT OF CHAPTER ANALYSIS.—The 

21 chapter analysis for chapter 301 of title 49, United 

22 States Code, is amended by adding at the end the 

23 following: 

‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT

‘‘30181. Policy. 

‘‘30182. Powers and duties. 


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‘‘30183. Public health authority. 

‘‘30184. Prohibition on certain disclosures.’’. 

1 (2) DELETION OF REDUNDANT MATERIAL.— 

2 Chapter 301 of title 49, United States Code, is 

3 amended— 

4 (A) in the chapter analysis, by striking the 

5 item relating to section 30168; and 

6 (B) by striking section 30168. 

7 SEC. 205. ODOMETER REQUIREMENTS DEFINITION. 

8 Section 32702(5) of title 49, United States Code, is 

9 amended by inserting ‘‘or system of components’’ after 

10 ‘‘instrument’’. 

11 SEC. 206. ELECTRONIC DISCLOSURES OF ODOMETER IN12 FORMATION. 

13 Section 32705 of title 49, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(g) ELECTRONIC DISCLOSURES.—In carrying out 

16 this section, the Secretary may prescribe regulations per17 mitting any written disclosures or notices and related mat18 ters to be provided electronically.’’. 

19 SEC. 207. INCREASED PENALTIES AND DAMAGES FOR 

20 ODOMETER FRAUD. 

21 Chapter 327 of title 49, United States Code, is 

22 amended— 

23 (1) in section 32709(a)(1)— 


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1 (A) by striking ‘‘$2,000’’ and inserting 

2 ‘‘$10,000’’; and 

3 (B) by striking ‘‘$100,000’’ and inserting 

4 ‘‘$1,000,000’’; and 

5 (2) in section 32710(a), by striking ‘‘$1,500’’ 

6 and inserting ‘‘$10,000’’. 

7 SEC. 208. EXTEND PROHIBITIONS ON IMPORTING NON8 COMPLIANT VEHICLES AND EQUIPMENT TO 

9 DEFECTIVE VEHICLES AND EQUIPMENT. 

10 Section 30112 of title 49, United States Code, is 

11 amended— 

12 (1) in subsection (a), by adding at the end the 

13 following: 

14 ‘‘(3) Except as provided in this section, section 

15 30114, subsections (i) and (j) of section 30120, and sub16 chapter III, a person may not sell, offer for sale, introduce 

17 or deliver for introduction in interstate commerce, or im18 port into the United States any motor vehicle or motor 

19 vehicle equipment if the vehicle or equipment contains a 

20 defect related to motor vehicle safety about which notice 

21 was given under section 30118(c) or an order was issued 

22 under section 30118(b). Nothing in this paragraph may 

23 be construed to prohibit the importation of a new motor 

24 vehicle that receives a required recall remedy before being 

25 sold to a consumer in the United States.’’; and 


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1 (2) in subsection (b)(2)— 

2 (A) in subparagraph (A), by striking ‘‘or’’ 

3 at the end; 

4 (B) in subparagraph (B), by adding ‘‘or’’ 

5 at the end; and 

6 (C) by adding at the end the following: 

7 ‘‘(C) having no reason to know, despite ex8 ercising reasonable care, that a motor vehicle or 

9 motor vehicle equipment contains a defect re10 lated to motor vehicle safety about which notice 

11 was given under section 30118(c) or an order 

12 was issued under section 30118(b);’’. 

13 SEC. 209. FINANCIAL RESPONSIBILITY REQUIREMENTS 

14 FOR IMPORTERS. 

15 Chapter 301 of title 49, United States Code, is 

16 amended— 

17 (1) in the chapter analysis, by striking the item 

18 relating to subchapter III and inserting the fol19 lowing: 

‘‘SUBCHAPTER III—IMPORTING MOTOR VEHICLES AND EQUIPMENT’’; 

20 (2) in the heading for subchapter III, by strik21 ing ‘‘NONCOMPLYING’’; and 

22 (3) in section 30147, by amending subsection 

23 (b) to read as follows: 

24 ‘‘(b) FINANCIAL RESPONSIBILITY REQUIREMENT.— 


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1 ‘‘(1) RULEMAKING.—The Secretary of Trans2 portation may issue regulations requiring each per3 son that imports a motor vehicle or motor vehicle 

4 equipment into the customs territory of the United 

5 States, including a registered importer (or any suc6 cessor in interest), provide and maintain evidence, 

7 satisfactory to the Secretary, of sufficient financial 

8 responsibility to meet its obligations under section 

9 30117(b), sections 30118 through 30121, and sec10 tion 30166(f). 

11 ‘‘(2) REFUSAL OF ADMISSION.—If the Sec12 retary of Transportation believes that a person de13 scribed in paragraph (1) has not provided and main14 tained evidence of sufficient financial responsibility 

15 to meet the obligations referred to in paragraph (1), 

16 the Secretary of Homeland Security may refuse the 

17 admission into the customs territory of the United 

18 States of any motor vehicle or motor vehicle equip19 ment imported by the person.’’. 

20 SEC. 210. CONDITIONS ON IMPORTATION OF VEHICLES AND 

21 EQUIPMENT. 

22 Chapter 301 of title 49, United States Code, is 

23 amended— 


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1 (1) in the chapter analysis, by striking the item 

2 relating to section 30164 and inserting the fol3 lowing: 

‘‘30164. Service of process; conditions on importation of vehicles and equipment.’’; 

4 and 

5 (2) in section 30164— 

6 (A) in the section heading, by adding ‘‘; 

7 CONDITIONS ON IMPORTATION OF VEHI8 CLES AND EQUIPMENT’’ at the end; and 

9 (B) by adding at the end the following: 

10 ‘‘(c) IDENTIFYING INFORMATION.—A manufacturer 

11 (including an importer) offering a motor vehicle or motor 

12 vehicle equipment for import shall identify— 

13 ‘‘(1) the product by name, the manufacturer’s 

14 address, or such other identifying information as the 

15 Secretary may, by rule, request; and 

16 ‘‘(2) each retailer or distributor to which the 

17 manufacturer directly supplied motor vehicles or 

18 motor vehicle equipment over which the Secretary 

19 has jurisdiction under this chapter. 

20 ‘‘(d) RULEMAKING.—The Secretary may issue regu21 lations that— 

22 ‘‘(1) condition the import of a motor vehicle or 

23 motor vehicle equipment on the manufacturer’s com24 pliance with— 


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1 ‘‘(A) the requirements under this section; 

2 ‘‘(B) any rules issued with respect to such 

3 requirements; or 

4 ‘‘(C) any other requirements under this 

5 chapter or rules issued with respect to such re6 quirements; 

7 ‘‘(2) provide an opportunity for the manufac8 turer to present information before the Secretary’s 

9 determination as to whether the manufacturer’s im10 ports should be restricted; and 

11 ‘‘(3) establish a process by which a manufac12 turer may petition for reinstatement of its ability to 

13 import motor vehicles or motor vehicle equipment.’’. 

14 SEC. 211. PORT INSPECTIONS; SAMPLES FOR EXAMINATION 

15 OR TESTING. 

16 Section 30166(c) of title 49, United States Code, is 

17 amended— 

18 (1) in paragraph (2), by striking ‘‘and’’ at the 

19 end; 

20 (2) in paragraph (3)— 

21 (A) in subparagraph (A), by inserting ‘‘(in22 cluding at United States ports of entry)’’ after 

23 ‘‘held for introduction in interstate commerce’’; 

24 and 


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1 (B) in subparagraph (D), by striking the 

2 period at the end and inserting a semicolon; 

3 and 

4 (3) by adding at the end the following: 

5 ‘‘(4) shall obtain from the Secretary of Home6 land Security without charge, upon the request of 

7 the Secretary of Transportation, a reasonable num8 ber of samples of motor vehicle equipment being of9 fered for import; and 

10 ‘‘(5) shall instruct the Secretary of Homeland 

11 Security to refuse admission of the motor vehicle 

12 equipment into the customs territory of the United 

13 States if the Secretary of Transportation deter14 mines, after examination of the samples obtained 

15 under paragraph (4) or through other means, that 

16 such refusal is warranted due to noncompliance 

17 with— 

18 ‘‘(A) this chapter; 

19 ‘‘(B) a regulation prescribed under this 

20 chapter; or 

21 ‘‘(C) an order issued under this chapter.’’. 


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1 TITLE III—TRANSPARENCY AND 

2 ACCOUNTABILITY 

3 SEC. 301. IMPROVED NHTSA VEHICLE SAFETY DATABASE. 

4 (a) IN GENERAL.—Not later than 2 years after the 

5 date of the enactment of this Act, the Secretary shall im6 prove public accessibility to information on the National 

7 Highway Traffic Safety Administration’s publicly acces8 sible vehicle safety databases by— 

9 (1) improving organization and functionality, 

10 including modern web design features, and allowing 

11 for data to be searched, aggregated, and 

12 downloaded; 

13 (2) providing greater consistency in presen14 tation of vehicle safety issues; and 

15 (3) improving searchability about specific vehi16 cles and issues through standardization of commonly 

17 used search terms. 

18 (b) VEHICLE RECALL INFORMATION.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of the enactment of this Act, the Secretary 

21 shall require that motor vehicle safety recall infor22 mation— 

23 (A) is available to the public on the Inter24 net; 


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1 (B) is searchable by vehicle make and 

2 model and vehicle identification number; 

3 (C) is in a format that preserves consumer 

4 privacy; and 

5 (D) includes information about each recall 

6 that has not been completed for each vehicle. 

7 (2) RULEMAKING.—The Secretary may initiate 

8 a rulemaking proceeding to require each manufac9 turer to provide the information described in para10 graph (1), with respect to that manufacturer’s motor 

11 vehicles, at no cost on a publicly accessible Internet 

12 website. 

13 (3) DATABASE AWARENESS PROMOTION ACTIVI14 TIES.—The Secretary, in consultation with the heads 

15 of other relevant agencies, shall promote consumer 

16 awareness of the information made available to the 

17 public pursuant to this subsection. 

18 SEC. 302. NHTSA HOTLINE FOR MANUFACTURER, DEALER, 

19 AND MECHANIC PERSONNEL. 

20 The Secretary shall— 

21 (1) establish a means by which mechanics, pas22 senger motor vehicle dealership personnel, and pas23 senger motor vehicle manufacturer personnel may 

24 directly and confidentially contact the National 


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1 Highway Traffic Safety Administration to report po2 tential passenger motor vehicle safety defects; and 

3 (2) publicize the means for contacting the Na4 tional Highway Traffic Safety Administration in a 

5 manner that targets mechanics, passenger motor ve6 hicle dealership personnel, and manufacturer per7 sonnel. 

8 SEC. 303. CONSUMER NOTICE OF SOFTWARE UPDATES AND 

9 OTHER COMMUNICATIONS WITH DEALERS. 

10 (a) INTERNET ACCESSIBILITY.—Section 30166(f) of 

11 title 49, United States Code, is amended— 

12 (1) by striking ‘‘A manufacturer shall give the 

13 Secretary of Transportation’’ and inserting the fol14 lowing: 

15 ‘‘(1) IN GENERAL.—A manufacturer shall give 

16 the Secretary of Transportation, and make available 

17 on a publicly accessible Internet website,’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(2) NOTICES.—Communications required to be 

20 submitted to the Secretary and made available on a 

21 publicly accessible Internet website under this sub22 section shall include all notices to dealerships of 

23 software upgrades and modifications recommended 

24 by a manufacturer for all previously sold vehicles. 

25 Notice is required even if the software upgrade or 


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1 modification is not related to a safety defect or non2 compliance with a motor vehicle safety standard. 

3 The notice shall include a plain language description 

4 of the purpose of the update and that description 

5 shall be prominently placed at the beginning of the 

6 notice. 

7 ‘‘(3) INDEX.—Communications required to be 

8 submitted to the Secretary under this subsection 

9 shall be accompanied by an index to each commu10 nication, which— 

11 ‘‘(A) identifies the make, model, and model 

12 year of the affected vehicles; 

13 ‘‘(B) includes a concise summary of the 

14 subject matter of the communication; and 

15 ‘‘(C) shall be made available by the Sec16 retary to the public on the Internet in a search17 able format.’’. 

18 SEC. 304. PUBLIC AVAILABILITY OF EARLY WARNING DATA. 

19 Section 30166(m) of title 49, United States Code, is 

20 amended— 

21 (1) in paragraph (3)(A), by amending clause 

22 (ii) to read as follows: 

23 ‘‘(ii) customer satisfaction campaigns, 

24 customer advisories, recalls, consumer 

25 complaints, warranty claims, field reports, 


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1 technical service bulletins, or other activity 

2 involving the repair or replacement of 

3 motor vehicles or motor vehicle equip4 ment.’’; and 

5 (2) in paragraph (4), by amending subpara6 graph (C) to read as follows: 

7 ‘‘(C) DISCLOSURE.— 

8 ‘‘(i) IN GENERAL.—The information 

9 provided to the Secretary pursuant to this 

10 subsection shall be disclosed publicly unless 

11 exempt from disclosure under section 

12 552(b) of title 5. 

13 ‘‘(ii) PRESUMPTION.—In admin14 istering this subparagraph, the Secretary 

15 shall presume in favor of maximum public 

16 availability of information. 

17 ‘‘(iii) NONEXEMPT INFORMATION.— 

18 The Secretary shall presume that the fol19 lowing types of information are not exempt 

20 from disclosure under section 552(b) of 

21 title 5: 

22 ‘‘(I) Vehicle safety defect infor23 mation related to incidents involving 

24 death or injury. 


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1 ‘‘(II) Aggregated numbers of 

2 property damage claims. 

3 ‘‘(III) Aggregated numbers of 

4 consumer complaints related to poten5 tial vehicle defects.’’. 

6 SEC. 305. CORPORATE RESPONSIBILITY FOR NHTSA RE7 PORTS. 

8 (a) IN GENERAL.—Section 30166 of title 49, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘(o) CORPORATE RESPONSIBILITY FOR REPORTS.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall require 

13 a senior official responsible for safety in each com14 pany submitting information to the Secretary in re15 sponse to a request for information in a safety de16 fect or compliance investigation under this chapter 

17 to certify that— 

18 ‘‘(A) the signing official has reviewed the 

19 submission; and 

20 ‘‘(B) based on the official’s knowledge, the 

21 submission does not— 

22 ‘‘(i) contain any untrue statement of a 

23 material fact; or 

24 ‘‘(ii) omit to state a material fact nec25 essary in order to make the statements 


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1 made not misleading, in light of the cir2 cumstances under which such statements 

3 were made. 

4 ‘‘(2) NOTICE.—The certification requirements 

5 of this section shall be clearly stated on any request 

6 for information under paragraph (1).’’. 

7 (b) CIVIL PENALTY.—Section 30165(a) of title 49, 

8 United States Code, is amended— 

9 (1) in paragraph (3), by striking ‘‘A person’’ 

10 and inserting ‘‘Except as provided in paragraph (4), 

11 a person’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(4) FALSE, MISLEADING, OR INCOMPLETE RE14 PORTS.—A person who knowingly and willfully sub15 mits materially false, misleading, or incomplete in16 formation to the Secretary, after certifying the same 

17 information as accurate and complete under the cer18 tification process established pursuant to section 

19 30166(o), shall be subject to a civil penalty of not 

20 more than $5,000 per day. The maximum penalty 

21 under this paragraph for a related series of daily 

22 violations is $5,000,000.’’. 


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1 SEC. 306. PASSENGER MOTOR VEHICLE INFORMATION PRO2 GRAM. 

3 (a) DEFINITION.—Section 32301 of title 49, United 

4 States Code, is amended— 

5 (1) by redesignating paragraphs (1) and (2) as 

6 paragraphs (2) and (3), respectively; 

7 (2) by inserting before paragraph (2), as redes8 ignated, the following: 

9 ‘‘(1) ‘crash avoidance’ means preventing a 

10 crash;’’; and 

11 (3) in paragraph (2), as redesignated, by strik12 ing the period at the end and inserting ‘‘; and’’. 

13 (b) INFORMATION INCLUDED.—Section 32302(a) of 

14 title 49, United States Code, is amended— 

15 (1) in paragraph (2), by inserting ‘‘, crash 

16 avoidance, and any other areas the Secretary deter17 mines will improve the safety of passenger motor ve18 hicles’’ after ‘‘crashworthiness’’; and 

19 (2) by striking paragraph (4). 

20 SEC. 307. PROMOTION OF VEHICLE DEFECT REPORTING. 

21 Section 32302 of title 49, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(d) MOTOR VEHICLE DEFECT REPORTING INFOR24 MATION.— 

25 ‘‘(1) RULEMAKING REQUIRED.—Not later than 

26 1 year after the date of the enactment of the Motor 


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1 Vehicle and Highway Safety Improvement Act of 

2 2011, the Secretary shall prescribe regulations that 

3 require passenger motor vehicle manufacturers— 

4 ‘‘(A) to affix, in the glove compartment or 

5 in another readily accessible location on the ve6 hicle, a sticker, decal, or other device that pro7 vides, in simple and understandable language, 

8 information about how to submit a safety-re9 lated motor vehicle defect complaint to the Na10 tional Highway Traffic Safety Administration; 

11 ‘‘(B) to prominently print the information 

12 described in subparagraph (A) on a separate 

13 page within the owner’s manual; and 

14 ‘‘(C) to not place such information on the 

15 label required under section 3 of the Auto16 mobile Information Disclosure Act (15 U.S.C. 

17 1232). 

18 ‘‘(2) APPLICATION.—The requirements under 

19 paragraph (1) shall apply to passenger motor vehi20 cles manufactured in any model year beginning more 

21 than 1 year after the date on which a final rule is 

22 published under paragraph (1).’’. 


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1 SEC. 308. WHISTLEBLOWER PROTECTIONS FOR MOTOR VE2 HICLE MANUFACTURERS, PART SUPPLIERS, 

3 AND DEALERSHIP EMPLOYEES. 

4 (a) IN GENERAL.—Subchapter IV of chapter 301 of 

5 title 49, United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘§ 30171. Protection of employees providing motor ve8 hicle safety information 

9 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEES OF

10 MANUFACTURERS, PART SUPPLIERS, AND DEALER11 SHIPS.—No motor vehicle manufacturer, part supplier, or 

12 dealership may discharge an employee or otherwise dis13 criminate against an employee with respect to compensa14 tion, terms, conditions, or privileges of employment be15 cause the employee (or any person acting pursuant to a 

16 request of the employee)— 

17 ‘‘(1) provided, caused to be provided, or is 

18 about to provide (with any knowledge of the em19 ployer) or cause to be provided to the employer or 

20 the Secretary of Transportation information relating 

21 to any motor vehicle defect, noncompliance, or any 

22 violation or alleged violation of any notification or 

23 reporting requirement of this chapter; 

24 ‘‘(2) has filed, caused to be filed, or is about to 

25 file (with any knowledge of the employer) or cause 

26 to be filed a proceeding relating to any violation or 


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1 alleged violation of any motor vehicle defect, non2 compliance, or any violation or alleged violation of 

3 any notification or reporting requirement of this 

4 chapter; 

5 ‘‘(3) testified or is about to testify in such a 

6 proceeding; 

7 ‘‘(4) assisted or participated or is about to as8 sist or participate in such a proceeding; or 

9 ‘‘(5) objected to, or refused to participate in, 

10 any activity that the employee reasonably believed to 

11 be in violation of any provision of any Act enforced 

12 by the Secretary of Transportation, or any order, 

13 rule, regulation, standard, or ban under any such 

14 Act. 

15 ‘‘(b) COMPLAINT PROCEDURE.— 

16 ‘‘(1) FILING AND NOTIFICATION.—A person 

17 who believes that he or she has been discharged or 

18 otherwise discriminated against by any person in 

19 violation of subsection (a) may, not later than 180 

20 days after the date on which such violation occurs, 

21 file (or have any person file on his or her behalf) a 

22 complaint with the Secretary of Labor alleging such 

23 discharge or discrimination. Upon receipt of such a 

24 complaint, the Secretary shall notify, in writing, the 

25 person named in the complaint of the filing of the 


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1 complaint, of the allegations contained in the com2 plaint, of the substance of evidence supporting the 

3 complaint, and of the opportunities that will be af4 forded to such person under paragraph (2). 

5 ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— 

6 ‘‘(A) IN GENERAL.—Not later than 60 

7 days after the date of receipt of a complaint 

8 filed under paragraph (1) and after affording 

9 the person named in the complaint an oppor10 tunity to submit to the Secretary a written re11 sponse to the complaint and an opportunity to 

12 meet with a representative of the Secretary to 

13 present statements from witnesses, the Sec14 retary shall conduct an investigation and deter15 mine whether there is reasonable cause to be16 lieve that the complaint has merit and notify, in 

17 writing, the complainant and the person alleged 

18 to have committed a violation of subsection (a) 

19 of the Secretary’s findings. If the Secretary 

20 concludes that there is a reasonable cause to 

21 believe that a violation of subsection (a) has oc22 curred, the Secretary shall accompany the Sec23 retary’s findings with a preliminary order pro24 viding the relief prescribed by paragraph 

25 (3)(B). Not later than 30 days after the date 


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1 of notification of findings under this paragraph, 

2 either the person alleged to have committed the 

3 violation or the complainant may file objections 

4 to the findings or preliminary order, or both, 

5 and request a hearing on the record. The filing 

6 of such objections shall not operate to stay any 

7 reinstatement remedy contained in the prelimi8 nary order. Such hearings shall be conducted 

9 expeditiously. If a hearing is not requested in 

10 such 30-day period, the preliminary order shall 

11 be deemed a final order that is not subject to 

12 judicial review. 

13 ‘‘(B) REQUIREMENTS.— 

14 ‘‘(i) REQUIRED SHOWING BY COM15 PLAINANT.—The Secretary shall dismiss a 

16 complaint filed under this subsection and 

17 shall not conduct an investigation other18 wise required under subparagraph (A) un19 less the complainant makes a prima facie 

20 showing that any behavior described in 

21 paragraphs (1) through (5) of subsection 

22 (a) was a contributing factor in the unfa23 vorable personnel action alleged in the 

24 complaint. 


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1 ‘‘(ii) SHOWING BY EMPLOYER.—Not2 withstanding a finding by the Secretary 

3 that the complainant has made the show4 ing required under clause (i), no investiga5 tion otherwise required under subpara6 graph (A) shall be conducted if the em7 ployer demonstrates, by clear and con8 vincing evidence, that the employer would 

9 have taken the same unfavorable personnel 

10 action in the absence of that behavior. 

11 ‘‘(iii) CRITERIA FOR DETERMINATION

12 BY SECRETARY.—The Secretary may de13 termine that a violation of subsection (a) 

14 has occurred only if the complainant dem15 onstrates that any behavior described in 

16 paragraphs (1) through (5) of subsection 

17 (a) was a contributing factor in the unfa18 vorable personnel action alleged in the 

19 complaint. 

20 ‘‘(iv) PROHIBITION.—Relief may not 

21 be ordered under subparagraph (A) if the 

22 employer demonstrates, by clear and con23 vincing evidence, that the employer would 

24 have taken the same unfavorable personnel 

25 action in the absence of that behavior. 


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1 ‘‘(3) FINAL ORDER.— 

2 ‘‘(A) DEADLINE FOR ISSUANCE; SETTLE3 MENT AGREEMENTS.—Not later than 120 days 

4 after the date of conclusion of a hearing under 

5 paragraph (2), the Secretary shall issue a final 

6 order providing the relief prescribed by this 

7 paragraph or denying the complaint. At any 

8 time before issuance of a final order, a pro9 ceeding under this subsection may be termi10 nated on the basis of a settlement agreement 

11 entered into by the Secretary, the complainant, 

12 and the person alleged to have committed the 

13 violation. 

14 ‘‘(B) REMEDY.—If, in response to a com15 plaint filed under paragraph (1), the Secretary 

16 determines that a violation of subsection (a) 

17 has occurred, the Secretary shall order the per18 son who committed such violation— 

19 ‘‘(i) to take affirmative action to 

20 abate the violation; 

21 ‘‘(ii) to reinstate the complainant to 

22 his or her former position together with 

23 the compensation (including back pay) and 

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1 leges associated with his or her employ2 ment; and 

3 ‘‘(iii) to provide compensatory dam4 ages to the complainant. 

5 ‘‘(C) ATTORNEYS’ FEES.—If such an order 

6 is issued under this paragraph, the Secretary, 

7 at the request of the complainant, shall assess 

8 against the person against whom the order is 

9 issued a sum equal to the aggregate amount of 

10 all costs and expenses (including attorneys’ and 

11 expert witness fees) reasonably incurred, as de12 termined by the Secretary, by the complainant 

13 for, or in connection with, bringing the com14 plaint upon which the order was issued. 

15 ‘‘(D) FRIVOLOUS COMPLAINTS.—If the 

16 Secretary determines that a complaint under 

17 paragraph (1) is frivolous or has been brought 

18 in bad faith, the Secretary may award to the 

19 prevailing employer a reasonable attorney’s fee 

20 not exceeding $1,000. 

21 ‘‘(E) DE NOVO REVIEW.—With respect to 

22 a complaint under paragraph (1), if the Sec23 retary of Labor has not issued a final decision 

24 within 210 days after the filing of the com25 plaint and if the delay is not due to the bad 


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1 faith of the employee, the employee may bring 

2 an original action at law or equity for de novo 

3 review in the appropriate district court of the 

4 United States, which shall have jurisdiction 

5 over such an action without regard to the 

6 amount in controversy, and which action shall, 

7 at the request of either party to the action, be 

8 tried by the court with a jury. The action shall 

9 be governed by the same legal burdens of proof 

10 specified in paragraph (2)(B) for review by the 

11 Secretary of Labor. 

12 ‘‘(4) REVIEW.— 

13 ‘‘(A) APPEAL TO COURT OF APPEALS.— 

14 Any person adversely affected or aggrieved by 

15 an order issued under paragraph (3) may ob16 tain review of the order in the United States 

17 Court of Appeals for the circuit in which the 

18 violation, with respect to which the order was 

19 issued, allegedly occurred or the circuit in which 

20 the complainant resided on the date of such vio21 lation. The petition for review shall be filed not 

22 later than 60 days after the date of the 

23 issuance of the final order of the Secretary. Re24 view shall conform to chapter 7 of title 5. The 

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1 paragraph shall not, unless ordered by the 

2 court, operate as a stay of the order. 

3 ‘‘(B) LIMITATION ON COLLATERAL AT4 TACK.—An order of the Secretary with respect 

5 to which review could have been obtained under 

6 subparagraph (A) shall not be subject to judi7 cial review in any criminal or other civil pro8 ceeding. 

9 ‘‘(5) ENFORCEMENT OF ORDER BY SEC10 RETARY.—Whenever any person fails to comply with 

11 an order issued under paragraph (3), the Secretary 

12 may file a civil action in the United States district 

13 court for the district in which the violation was 

14 found to occur to enforce such order. In actions 

15 brought under this paragraph, the district courts 

16 shall have jurisdiction to grant all appropriate relief, 

17 including injunctive relief and compensatory dam18 ages. 

19 ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— 

20 ‘‘(A) COMMENCEMENT OF ACTION.—A per21 son on whose behalf an order was issued under 

22 paragraph (3) may commence a civil action 

23 against the person to whom such order was 

24 issued to require compliance with such order. 

25 The appropriate United States district court 


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1 shall have jurisdiction, without regard to the 

2 amount in controversy or the citizenship of the 

3 parties, to enforce such order. 

4 ‘‘(B) ATTORNEY FEES.—The court, in 

5 issuing any final order under this paragraph, 

6 may award costs of litigation (including reason7 able attorney and expert witness fees) to any 

8 party whenever the court determines such 

9 award is appropriate. 

10 ‘‘(c) MANDAMUS.—Any nondiscretionary duty im11 posed under this section shall be enforceable in a man12 damus proceeding brought under section 1361 of title 28. 

13 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA14 TIONS.—Subsection (a) shall not apply with respect to an 

15 employee of a motor vehicle manufacturer, part supplier, 

16 or dealership who, acting without direction from such 

17 motor vehicle manufacturer, part supplier, or dealership 

18 (or such person’s agent), deliberately causes a violation 

19 of any requirement relating to motor vehicle safety under 

20 this chapter.’’. 

21 (b) CONFORMING AMENDMENT.—The table of sec22 tions for chapter 301 of title 49, United States Code, is 

23 amended by inserting after the item relating to section 

24 30170 the following: 

‘‘30171. Protection of employees providing motor vehicle safety information.’’. 


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1 SEC. 309. ACTIVITIES TO PROMOTE MOTOR VEHICLE AND 

2 HIGHWAY SAFETY. 

3 (a) IN GENERAL.—Section 30105 of title 49, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 30105. Activities to promote motor vehicle and 

6 highway safety 

7 ‘‘Notwithstanding any other provision of law, 

8 amounts appropriated to the Secretary for the National 

9 Highway Traffic Safety Administration shall be available 

10 for activities to promote motor vehicle and highway safety, 

11 including activities specifically designed to urge State or 

12 local legislators or legislatures to favor or oppose the adop13 tion of any specific legislative proposal.’’. 

14 (b) CONFORMING AMENDMENT.—The item relating 

15 to section 30105 in the analysis of chapter 301 is amended 

16 to read as follows: 

‘‘30105. Activities to promote motor vehicle and highway safety.’’. 

17 SEC. 310. ANTI-REVOLVING DOOR. 

18 (a) AMENDMENT.—Subchapter I of chapter 301 of 

19 title 49, United States Code, is amended by adding at the 

20 end the following: 

21 ‘‘§ 30107. Restriction on covered motor vehicle safety 

22 officials 

23 ‘‘(a) IN GENERAL.—During the 2-year period after 

24 the termination of his or her service or employment, a cov25 ered vehicle safety official may not knowingly make, with 


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1 the intent to influence, any communication to or appear2 ance before any officer or employee of the National High3 way Traffic Safety Administration on behalf of any manu4 facturer subject to regulation under this chapter in con5 nection with any matter involving motor vehicle safety on 

6 which such person seeks official action by any officer or 

7 employee of the National Highway Traffic Safety Admin8 istration. 

9 ‘‘(b) MANUFACTURERS.—It is unlawful for any man10 ufacturer or other person subject to regulation under this 

11 chapter to employ or contract for the services of an indi12 vidual to whom subsection (a) applies during the 2-year 

13 period commencing on the individual’s termination of em14 ployment with the National Highway Traffic Safety Ad15 ministration in a capacity in which the individual is pro16 hibited from serving during that period. 

17 ‘‘(c) SPECIAL RULE FOR DETAILEES.—For purposes 

18 of this section, a person who is detailed from 1 depart19 ment, agency, or other entity to another department, 

20 agency, or other entity shall, during the period such per21 son is detailed, be deemed to be an officer or employee 

22 of both departments, agencies, or such entities. 

23 ‘‘(d) SAVINGS PROVISION.—Nothing in this section 

24 may be construed to expand, contract, or otherwise affect 


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1 the application of any waiver or criminal penalties under 

2 section 207 of title 18. 

3 ‘‘(e) EXCEPTION FOR TESTIMONY.—Nothing in this 

4 section may be construed to prevent an individual from 

5 giving testimony under oath, or from making statements 

6 required to be made under penalty of perjury. 

7 ‘‘(f) DEFINED TERM.—In this section, the term ‘cov8 ered vehicle safety official’ means any officer or employee 

9 of the National Highway Traffic Safety Administration— 

10 ‘‘(1) who, during the final 12 months of his or 

11 her service or employment with the agency, serves or 

12 served in a technical or legal capacity, and whose job 

13 responsibilities include or included vehicle safety de14 fect investigation, vehicle safety compliance, vehicle 

15 safety rulemaking, or vehicle safety research; and 

16 ‘‘(2) who serves in a supervisory or manage17 ment capacity over an officer or employee described 

18 in paragraph (1). 

19 ‘‘(g) EFFECTIVE DATE.—This section shall apply to 

20 covered vehicle safety officials who terminate service or 

21 employment with the National Highway Traffic Safety 

22 Administration after the date of the enactment of the 

23 Motor Vehicle and Highway Safety Improvement Act of 

24 2011.’’. 


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1 (b) CIVIL PENALTY.—Section 30165(a) of title 49, 

2 United States Code, as amended by this title, is further 

3 amended by adding at the end the following: 

4 ‘‘(5) IMPROPER INFLUENCE.—An individual 

5 who violates section 30107(a) is liable to the United 

6 States Government for a civil penalty, as determined 

7 under section 216(b) of title 18, for an offense 

8 under section 207 of that title. A manufacturer or 

9 other person subject to regulation under this chapter 

10 who violates section 30107(b) is liable to the United 

11 States Government for a civil penalty equal to the 

12 sum of— 

13 ‘‘(A) an amount equal to not less than 

14 $100,000; and 

15 ‘‘(B) an amount equal to 90 percent of the 

16 annual compensation or fee paid or payable to 

17 the individual with respect to whom the viola18 tion occurred.’’. 

19 (c) STUDY OF DEPARTMENT OF TRANSPORTATION

20 POLICIES ON OFFICIAL COMMUNICATION WITH FORMER

21 MOTOR VEHICLE SAFETY ISSUE EMPLOYEES.—Not later 

22 than 1 year after the date of the enactment of this Act, 

23 the Inspector General of the Department of Transpor24 tation shall— 


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1 (1) review the Department of Transportation’s 

2 policies and procedures applicable to official commu3 nication with former employees concerning motor ve4 hicle safety compliance matters for which they had 

5 responsibility during the last 12 months of their ten6 ure at the Department, including any limitations on 

7 the ability of such employees to submit comments, or 

8 otherwise communicate directly with the Depart9 ment, on motor vehicle safety issues; and 

10 (2) submit a report to the Committee on Com11 merce, Science, and Transportation of the Senate 

12 and the Committee on Energy and Commerce of the 

13 House of Representatives that contains the Inspec14 tor General’s findings, conclusions, and rec15 ommendations for strengthening those policies and 

16 procedures to minimize the risk of undue influence 

17 without compromising the ability of the Department 

18 to employ and retain highly qualified individuals for 

19 such responsibilities. 

20 (d) POST-EMPLOYMENT POLICY STUDY.— 

21 (1) IN GENERAL.—The Inspector General of 

22 the Department of Transportation shall conduct a 

23 study of the Department’s policies relating to post24 employment restrictions on employees who perform 

25 functions related to transportation safety. 


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1 (2) REPORT.—Not later than 1 year after the 

2 date of the enactment of this Act, the Inspector 

3 General shall submit a report containing the results 

4 of the study conducted under paragraph (1) to— 

5 (A) the Committee on Commerce, Science, 

6 and Transportation of the Senate; 

7 (B) the Committee on Energy and Com8 merce of the House of Representatives; and 

9 (C) the Secretary of Transportation. 

10 (3) USE OF RESULTS.—The Secretary of 

11 Transportation shall review the results of the study 

12 conducted under paragraph (1) and take whatever 

13 action the Secretary determines to be appropriate. 

14 (e) CONFORMING AMENDMENT.—The table of con15 tents for chapter 301 of title 49, United States Code, is 

16 amended by inserting after the item relating to section 

17 30106 the following: 

‘‘30107. Restriction on covered motor vehicle safety officials.’’. 

18 SEC. 311. STUDY OF CRASH DATA COLLECTION. 

19 (a) IN GENERAL.—Not later than 1 year after the 

20 date of the enactment of this Act, the Secretary shall sub21 mit a report to the Committee on Commerce, Science, and 

22 Transportation of the Senate the Committee on Energy 

23 and Commerce of the House of Representatives regarding 

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1 motive Sampling System, including the Special Crash In2 vestigations Program. 

3 (b) REVIEW.—The Administrator of the National 

4 Highway Traffic Safety Administration (referred to in this 

5 section as the ‘‘Administration’’) shall conduct a com6 prehensive review of the data elements collected from each 

7 crash to determine if additional data should be collected. 

8 The review under this subsection shall include input from 

9 interested parties, including suppliers, automakers, safety 

10 advocates, the medical community, and research organiza11 tions. 

12 (c) CONTENTS.—The report issued under this section 

13 shall include— 

14 (1) the analysis and conclusions the Adminis15 tration can reach from the amount of motor vehicle 

16 crash data collected in a given year; 

17 (2) the additional analysis and conclusions the 

18 Administration could reach if more crash investiga19 tions were conducted each year; 

20 (3) the number of investigations per year that 

21 would allow for optimal data analysis and crash in22 formation; 

23 (4) the results of the comprehensive review con24 ducted pursuant to subsection (b); 


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1 (5) recommendations for improvements to the 

2 Administration’s data collection program; and 

3 (6) the resources needed by the Administration 

4 to implement such recommendations. 

5 SEC. 312. UPDATE MEANS OF PROVIDING NOTIFICATION; 

6 IMPROVING EFFICACY OF RECALLS. 

7 (a) UPDATE OF MEANS OF PROVIDING NOTIFICA8 TION.—Section 30119(d) of title 49, United States Code, 

9 is amended— 

10 (1) by striking, in paragraph (1), ‘‘by first class 

11 mail’’ and inserting ‘‘in the manner prescribed by 

12 the Secretary, by regulation’’; 

13 (2) in paragraph (2)— 

14 (A) by striking ‘‘(except a tire) shall be 

15 sent by first class mail’’ and inserting ‘‘shall be 

16 sent in the manner prescribed by the Secretary, 

17 by regulation,’’; and 

18 (B) by striking the second sentence; 

19 (3) in paragraph (3)— 

20 (A) by striking the first sentence; 

21 (B) by inserting ‘‘to the notification re22 quired under paragraphs (1) and (2)’’ after 

23 ‘‘addition’’; and 

24 (C) by inserting ‘‘by the manufacturer’’ 

25 after ‘‘given’’; and 


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1 (4) in paragraph (4), by striking ‘‘by certified 

2 mail or quicker means if available’’ and inserting ‘‘in 

3 the manner prescribed by the Secretary, by regula4 tion’’. 

5 (b) IMPROVING EFFICACY OF RECALLS.—Section 

6 30119(e) of title 49, United States Code, is amended— 

7 (1) in the subsection heading, by striking ‘‘SEC8 OND’’ and inserting ‘‘ADDITIONAL’’; 

9 (2) by striking ‘‘If the Secretary’’ and inserting 

10 the following: 

11 ‘‘(1) SECOND NOTIFICATION.—If the Sec12 retary’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(2) ADDITIONAL NOTIFICATIONS.—If the Sec15 retary determines, after considering the severity of 

16 the defect or noncompliance, that the second notifi17 cation by a manufacturer does not result in an ade18 quate number of motor vehicles or items of replace19 ment equipment being returned for remedy, the Sec20 retary may order the manufacturer— 

21 ‘‘(A) to send additional notifications in the 

22 manner prescribed by the Secretary, by regula23 tion; 

24 ‘‘(B) to take additional steps to locate and 

25 notify each person registered under State law 


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1 as the owner or lessee or the most recent pur2 chaser or lessee, as appropriate; and 

3 ‘‘(C) to emphasize the magnitude of the 

4 safety risk caused by the defect or noncompli5 ance in such notification.’’. 

6 SEC. 313. EXPANDING CHOICES OF REMEDY AVAILABLE TO 

7 MANUFACTURERS OF REPLACEMENT EQUIP8 MENT. 

9 Section 30120 of title 49, United States Code, is 

10 amended— 

11 (1) in subsection (a)(1), by amending subpara12 graph (B) to read as follows: 

13 ‘‘(B) if replacement equipment, by repair14 ing the equipment, replacing the equipment 

15 with identical or reasonably equivalent equip16 ment, or by refunding the purchase price.’’; 

17 (2) in the heading of subsection (i), by adding 

18 ‘‘OF NEW VEHICLES OR EQUIPMENT’’ at the end; 

19 and 

20 (3) in the heading of subsection (j), by striking 

21 ‘‘REPLACED’’ and inserting ‘‘REPLACEMENT’’. 


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1 SEC. 314. RECALL OBLIGATIONS AND BANKRUPTCY OF 

2 MANUFACTURER. 

3 (a) IN GENERAL.—Chapter 301 of title 49, United 

4 States Code, is amended by inserting the following after 

5 section 30120: 

6 ‘‘§ 30120A. Recall obligations and bankruptcy of a 

7 manufacturer 

8 ‘‘A manufacturer’s filing of a petition in bankruptcy 

9 under chapter 11 of title 11, does not negate the manufac10 turer’s duty to comply with section 30112 or sections 

11 30115 through 30120 of this title. In any bankruptcy pro12 ceeding, the manufacturer’s obligations under such sec13 tions shall be treated as a claim of the United States Gov14 ernment against such manufacturer, subject to subchapter 

15 II of chapter 37 of title 31, United States Code, and given 

16 priority, pursuant to section 3710 of such chapter, to en17 sure that consumers are adequately protected from any 

18 safety defect or noncompliance determined to exist in the 

19 manufacturer’s products. This section shall apply equally 

20 to actions of a manufacturer taken before or after the fil21 ing of a petition in bankruptcy.’’. 

22 (b) CONFORMING AMENDMENT.—The chapter anal23 ysis of chapter 301 of title 49, United States Code, is 

24 amended by inserting after the item relating to section 

25 30120 the following: 

‘‘30120a. Recall obligations and bankruptcy of a manufacturer.’’. 


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1 SEC. 315. REPEAL OF INSURANCE REPORTS AND INFORMA2 TION PROVISION. 

3 Chapter 331 of title 49, United States Code, is 

4 amended— 

5 (1) in the chapter analysis, by striking the item 

6 relating to section 33112; and 

7 (2) by striking section 33112. 

8 SEC. 316. MONRONEY STICKER TO PERMIT ADDITIONAL 

9 SAFETY RATING CATEGORIES. 

10 Section 3(g)(2) of the Automobile Information Dis11 closure Act (15 U.S.C. 1232(g)(2)), is amended by insert12 ing ‘‘safety rating categories that may include’’ after ‘‘re13 fers to’’. 

14 TITLE IV—VEHICLE ELEC15 TRONICS AND SAFETY STAND16 ARDS 

17 SEC. 401. NHTSA ELECTRONICS, SOFTWARE, AND ENGI18 NEERING EXPERTISE. 

19 (a) COUNCIL FOR VEHICLE ELECTRONICS, VEHICLE

20 SOFTWARE, AND EMERGING TECHNOLOGIES.— 

21 (1) IN GENERAL.—The Secretary shall estab22 lish, within the National Highway Traffic Safety Ad23 ministration, a Council for Vehicle Electronics, Vehi24 cle Software, and Emerging Technologies (referred 

25 to in this section as the ‘‘Council’’) to build, inte26 grate, and aggregate the Administration’s expertise 


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1 in passenger motor vehicle electronics and other new 

2 and emerging technologies. 

3 (2) IMPLEMENTATION OF ROADMAP.—The 

4 Council shall research the inclusion of emerging 

5 lightweight plastic and composite technologies in 

6 motor vehicles to increase fuel efficiency, lower emis7 sions, meet fuel economy standards, and enhance 

8 passenger motor vehicle safety through continued 

9 utilization of the Administration’s Plastic and Com10 posite Intensive Vehicle Safety Roadmap (Report 

11 No. DOT HS 810 863). 

12 (3) INTRA-AGENCY COORDINATION.—The Coun13 cil shall coordinate with all components of the Ad14 ministration responsible for vehicle safety, including 

15 research and development, rulemaking, and defects 

16 investigation. 

17 (b) HONORS RECRUITMENT PROGRAM.— 

18 (1) ESTABLISHMENT.—The Secretary shall es19 tablish, within the National Highway Traffic Safety 

20 Administration, an honors program for engineering 

21 students, computer science students, and other stu22 dents interested in vehicle safety that will enable 

23 such students to train with engineers and other safe24 ty officials for a career in vehicle safety. 


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1 (2) STIPEND.—The Secretary is authorized to 

2 provide a stipend to students during their participa3 tion in the program established pursuant to para4 graph (1). 

5 (c) ASSESSMENT.—The Council, in consultation with 

6 affected stakeholders, shall assess the implications of 

7 emerging safety technologies in passenger motor vehicles, 

8 including the effect of such technologies on consumers, 

9 product availability, and cost. 

10 SEC. 402. VEHICLE STOPPING DISTANCE AND BRAKE OVER11 RIDE STANDARD. 

12 Not later than 1 year after the date of the enactment 

13 of this Act, the Secretary shall prescribe a Federal motor 

14 vehicle safety standard that— 

15 (1) mitigates unintended acceleration in pas16 senger motor vehicles; 

17 (2) establishes performance requirements, based 

18 on the speed, size, and weight of the vehicle, that en19 able a driver to bring a passenger motor vehicle 

20 safely to a full stop by normal braking application 

21 even if the vehicle is simultaneously receiving accel22 erator input signals, including a full-throttle input 

23 signal; 

24 (3) may permit compliance through a system 

25 that requires brake pedal application, after a period 


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1 of time determined by the Secretary, to override an 

2 accelerator pedal input signal in order to stop the 

3 vehicle; 

4 (4) requires that redundant circuits or other 

5 mechanisms be built into accelerator control sys6 tems, including systems controlled by electronic 

7 throttle, to maintain vehicle control in the event of 

8 failure of the primary circuit or mechanism; and 

9 (5) may permit vehicles to incorporate a means 

10 to temporarily disengage the function required under 

11 paragraph (2) to facilitate operations, such as ma12 neuvering trailers or climbing steep hills, which may 

13 require the simultaneous operation of brake and ac14 celerator. 

15 SEC. 403. PEDAL PLACEMENT STANDARD. 

16 (a) IN GENERAL.—The Secretary shall initiate a 

17 rulemaking proceeding to consider a Federal motor vehicle 

18 safety standard that would mitigate potential obstruction 

19 of pedal movement in passenger motor vehicles, after tak20 ing into account— 

21 (1) various pedal mounting configurations; and 

22 (2) minimum clearances for passenger motor 

23 vehicle foot pedals with respect to other pedals, the 

24 vehicle floor (including aftermarket floor coverings), 


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1 and any other potential obstructions to pedal move2 ment that the Secretary determines to be relevant. 

3 (b) DEADLINE.— 

4 (1) IN GENERAL.—Except as provided under 

5 paragraph (2), the Secretary shall issue a final rule 

6 to implement the safety standard described in sub7 section (a) not later than 3 years after the date of 

8 the enactment of this Act. 

9 (2) REPORT.—If the Secretary determines that 

10 a pedal placement standard does not meet the re11 quirements and considerations set forth in sub12 sections (a) and (b) of section 30111 of title 49, 

13 United States Code, the Secretary shall submit a re14 port describing the reasons for not prescribing such 

15 standard to— 

16 (A) the Committee on Commerce, Science, 

17 and Transportation of the Senate; and 

18 (B) the Committee on Energy and Com19 merce of the House of Representatives. 

20 (c) COMBINED RULEMAKING.—The Secretary may 

21 combine the rulemaking proceeding required under sub22 section (a) with the rulemaking proceeding required under 

23 section 402. 


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1 SEC. 404. ELECTRONIC SYSTEMS PERFORMANCE STAND2 ARD. 

3 (a) IN GENERAL.—Not later than 4 years after the 

4 date of the enactment of this Act, the Secretary shall issue 

5 a final rule that prescribes or amends a Federal motor 

6 vehicle safety standard that— 

7 (1) requires electronic systems in passenger 

8 motor vehicles to meet minimum performance re9 quirements; and 

10 (2) may include requirements for— 

11 (A) electronic components; 

12 (B) the interaction of such components; 

13 (C) security needs for those systems to 

14 prevent unauthorized access; or 

15 (D) the effect of surrounding environments 

16 on those electronic systems. 

17 (b) NATIONAL ACADEMY OF SCIENCES.—In con18 ducting the rulemaking under subsection (a), the Sec19 retary shall consider the findings and recommendations of 

20 the National Academy of Sciences, if any, pursuant to its 

21 study of electronic vehicle controls. 

22 SEC. 405. PUSHBUTTON IGNITION SYSTEMS STANDARD. 

23 (a) PUSHBUTTON IGNITION STANDARD.— 

24 (1) IN GENERAL.—The Secretary shall initiate 

25 a rulemaking proceeding to consider a Federal 

26 motor vehicle safety standard for passenger motor 


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1 vehicles with pushbutton ignition systems that estab2 lishes a standardized operation of such systems 

3 when used by drivers, including drivers who may be 

4 unfamiliar with such systems, in an emergency situ5 ation when the vehicle is in motion. 

6 (2) OTHER IGNITION SYSTEMS.—In the rule7 making proceeding initiated under paragraph (1), 

8 the Secretary may include any other ignition-start9 ing mechanism that the Secretary determines should 

10 be considered. 

11 (b) PUSHBUTTON IGNITION SYSTEM DEFINED.—The 

12 term ‘‘pushbutton ignition system’’ means a mechanism, 

13 such as the push of a button, for starting a passenger 

14 motor vehicle that does not involve the physical insertion 

15 and turning of a tangible key. 

16 (c) DEADLINE.— 

17 (1) IN GENERAL.—Except as provided under 

18 paragraph (2), the Secretary shall issue a final rule 

19 to implement the standard described in subsection 

20 (a) not later than 2 years after the date of the en21 actment of this Act. 

22 (2) REPORT.—If the Secretary determines that 

23 a standard does not meet the requirements and con24 siderations set forth in subsections (a) and (b) of 

25 section 30111 of title 49, United States Code, the 


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1 Secretary shall submit a report describing the rea2 sons for not prescribing such standard to— 

3 (A) the Committee on Commerce, Science, 

4 and Transportation of the Senate; and 

5 (B) the Committee on Energy and Com6 merce of the House of Representatives. 

7 SEC. 406. VEHICLE EVENT DATA RECORDERS. 

8 (a) MANDATORY EVENT DATA RECORDERS.— 

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of the enactment of this Act, the Sec11 retary shall revise part 563 of title 49, Code of Fed12 eral Regulations, to require, beginning with model 

13 year 2015, that new passenger motor vehicles sold in 

14 the United States be equipped with an event data 

15 recorder that meets the requirements under that 

16 part. 

17 (2) PENALTY.—The violation of any provision 

18 under part 563 of title 49, Code of Federal Regula19 tions— 

20 (A) shall be deemed to be a violation of 

21 section 30112 of title 49, United States Code; 

22 (B) shall be subject to civil penalties under 

23 section 30165(a) of that title; and 

24 (C) shall not subject a manufacturer (as 

25 defined in section 30102(a)(5) of that title) to 


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1 the requirements under section 30120 of that 

2 title. 

3 (b) LIMITATIONS ON INFORMATION RETRIEVAL.— 

4 (1) OWNERSHIP OF DATA.—Any data in an 

5 event data recorder required under part 563 of title 

6 49, Code of Federal Regulations, regardless of when 

7 the passenger motor vehicle in which it is installed 

8 was manufactured, is the property of the owner or 

9 lessee of the passenger motor vehicle in which the 

10 data recorder is installed. 

11 (2) PRIVACY.—Data recorded or transmitted by 

12 such a data recorder may not be retrieved by a per13 son other than the owner or lessee of the motor vehi14 cle in which the recorder is installed unless— 

15 (A) a court authorizes retrieval of the in16 formation in furtherance of a legal proceeding; 

17 (B) the owner or lessee consents to the re18 trieval of the information for any purpose, in19 cluding the purpose of diagnosing, servicing, or 

20 repairing the motor vehicle; 

21 (C) the information is retrieved pursuant 

22 to an investigation or inspection authorized 

23 under section 30166 of title 49, United States 

24 Code, and the personally identifiable informa25 tion of the owner, lessee, or driver of the vehicle 


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1 and the vehicle identification number is not dis2 closed in connection with the retrieved informa3 tion; or 

4 (D) the information is retrieved for the 

5 purpose of determining the need for, or facili6 tating, emergency medical response in response 

7 to a motor vehicle crash. 

8 (c) REVISED REQUIREMENTS FOR EVENT DATA RE9 CORDERS.—The Secretary shall initiate a rulemaking pro10 ceeding to prescribe or amend a Federal motor vehicle 

11 safety standard that revises part 563 of title 49, Code of 

12 Federal Regulations, to require that event data recorders 

13 in passenger motor vehicles record operational data that 

14 can be stored and accessed for retrieval and analysis in 

15 accordance with subsection (d). 

16 (d) SPECIFICATIONS.—The rule prescribed under 

17 subsection (c)— 

18 (1) shall require event data recorders to capture 

19 and store data related to motor vehicle safety cov20 ering a reasonable time period before, during, and 

21 after a motor vehicle crash or airbag deployment, in22 cluding a rollover; 

23 (2) may require that the data to be captured 

24 and stored pursuant to paragraph (1) include infor25 mation about engine performance, steering, braking, 


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1 acceleration, vehicle speed, seat belt use, airbag de2 ployment, airbag deactivation status, data relating 

3 to vehicle rollover, and any other data the Secretary 

4 considers appropriate; 

5 (3) may require such recorders to capture and 

6 store certain events, such as rapid deceleration, full7 throttle acceleration, or full braking that may indi8 cate unintended acceleration, even if there is not a 

9 crash or airbag deployment; 

10 (4) may not require information recorded by 

11 such data recorders to include the vehicle’s location 

12 unless the Secretary determines that such inclusion 

13 is necessary to determine the need for, or facilitate, 

14 emergency medical response in response to a motor 

15 vehicle crash; 

16 (5) shall require that data stored on such re17 corders be accessible, regardless of vehicle manufac18 turer or model, with commercially available equip19 ment; 

20 (6) shall specify data format requirements; 

21 (7) may require an interoperable data access 

22 port to facilitate universal accessibility and analysis; 

23 (8) shall require that such recorders meet the 

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1 ulations, and, if the Secretary determines that such 

2 requirements do not provide adequate temperature, 

3 crash, or water resistance, may include additional 

4 performance requirements; 

5 (9) shall establish requirements for preventing 

6 unauthorized access to the data stored on an event 

7 data recorder in order to protect the security, integ8 rity, and authenticity of the data; and 

9 (10) shall include a definition of the term 

10 ‘‘motor vehicle crash’’. 

11 (e) DISCLOSURE OF EXISTENCE AND PURPOSE OF

12 EVENT DATA RECORDER.—The rule issued under sub13 section (c) shall require that any owner’s manual or simi14 lar documentation provided to the first purchaser of a pas15 senger motor vehicle for purposes other than resale— 

16 (1) disclose that the vehicle is equipped with 

17 such a data recorder; and 

18 (2) explain the purpose of the data recorder. 

19 (f) ACCESS TO EVENT DATA RECORDERS IN DEFECT

20 INVESTIGATIONS.—Section 30166(c)(3)(C) of title 49, 

21 United States Code, is amended by inserting ‘‘, including 

22 any electronic data contained within the vehicle’s diag23 nostic system or event data recorder’’ after ‘‘equipment’’. 


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1 (g) DEADLINE FOR RULEMAKING.—The Secretary 

2 shall issue a final rule under subsection (c) not later than 

3 3 years after the date of the enactment of this Act. 

4 SEC. 407. PROHIBITION ON ELECTRONIC VISUAL ENTER5 TAINMENT IN DRIVER’S VIEW. 

6 (a) VISUAL ENTERTAINMENT SCREENS IN DRIVER’S

7 VIEW.—Not later than 2 years after the date of the enact8 ment of this Act, the Secretary of Transportation shall 

9 issue a final rule that prescribes a Federal motor vehicle 

10 safety standard prohibiting electronic screens from dis11 playing broadcast television, movies, video games, and 

12 other forms of similar visual entertainment that is visible 

13 to the driver while driving. 

14 (b) EXCEPTIONS.—The standard prescribed under 

15 subsection (a) shall allow electronic screens that display 

16 information or images regarding operation of the vehicle, 

17 vehicle surroundings, and telematic functions, such as the 

18 vehicles navigation and communications system, weather, 

19 time, or the vehicle’s audio system. 

20 TITLE V—CHILD SAFETY 

21 STANDARDS 

22 SEC. 501. CHILD SAFETY SEATS. 

23 (a) PROTECTION FOR LARGER CHILDREN.—Not 

24 later than 1 year after the date of the enactment of this 

25 Act, the Secretary shall issue a final rule amending FedVerDate Mar 15 2010 05:23 Jul 30, 2011 Jkt 099200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S1449.IS S1449

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1 eral Motor Vehicle Safety Standard Number 213 to estab2 lish frontal crash protection requirements for child re3 straint systems for children weighing more than 65 

4 pounds. 

5 (b) SIDE IMPACT CRASHES.—Not later than 2 years 

6 after the date of the enactment of this Act, the Secretary 

7 shall issue a final rule amending Federal Motor Vehicle 

8 Safety Standard Number 213 to improve the protection 

9 of children seated in child restraint systems during side 

10 impact crashes. 

11 (c) FRONTAL IMPACT TEST PARAMETERS.— 

12 (1) COMMENCEMENT.—Not later than 2 years 

13 after the date of the enactment of this Act, the Sec14 retary shall commence a rulemaking proceeding to 

15 amend test parameters under Federal Motor Vehicle 

16 Safety Standard Number 213 to better replicate real 

17 world conditions. 

18 (2) FINAL RULE.—Not later than 4 years after 

19 the date of the enactment of this Act, the Secretary 

20 shall issue a final rule pursuant to paragraph (1). 

21 SEC. 502. CHILD RESTRAINT ANCHORAGE SYSTEMS. 

22 (a) INITIATION OF RULEMAKING PROCEEDING.—Not 

23 later than 1 year after the date of the enactment of this 

24 Act, the Secretary shall initiate a rulemaking proceeding 

25 to— 


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1 (1) amend Federal Motor Vehicle Safety Stand2 ard Number 225 (relating to child restraint anchor3 age systems) to improve the visibility of, accessibility 

4 to, and ease of use for lower anchorages and tethers 

5 in all rear seat seating positions if such anchorages 

6 and tethers are feasible; and 

7 (2) amend Federal Motor Vehicle Safety Stand8 ard Number 213 (relating to child restraint systems) 

9 or Federal Motor Vehicle Safety Standard Number 

10 225 (relating to child restraint anchorage sys11 tems)— 

12 (A) to establish a maximum allowable 

13 weight of the child and child restraint for 

14 standardizing the recommended use of child re15 straint anchorage systems in all vehicles; and 

16 (B) to provide the information described in 

17 subparagraph (A) to the consumer. 

18 (b) FINAL RULE.— 

19 (1) IN GENERAL.—Except as provided under 

20 paragraph (2), the Secretary shall issue a final rule 

21 under subsection (a) not later than 3 years after the 

22 date of the enactment of this Act. 

23 (2) REPORT.—If the Secretary determines that 

24 an amendment to the standard referred to in sub25 section (a) does not meet the requirements and conVerDate Mar 15 2010 05:23 Jul 30, 2011 Jkt 099200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S1449.IS S1449

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1 siderations set forth in subsections (a) and (b) of 

2 section 30111 of title 49, United States Code, the 

3 Secretary shall submit a report describing the rea4 sons for not prescribing such a standard to— 

5 (A) the Committee on Commerce, Science, 

6 and Transportation of the Senate; and 

7 (B) the Committee on Energy and Com8 merce of the House of Representatives. 

9 SEC. 503. REAR SEAT BELT REMINDERS. 

10 (a) INITIATION OF RULEMAKING PROCEEDING.—Not 

11 later than 2 years after the date of the enactment of this 

12 Act, the Secretary shall initiate a rulemaking proceeding 

13 to amend Federal Motor Vehicle Safety Standard Number 

14 208 (relating to occupant crash protection) to provide a 

15 safety belt use warning system for designated seating posi16 tions in the rear seat. 

17 (b) FINAL RULE.— 

18 (1) IN GENERAL.—Except as provided under 

19 paragraph (2), the Secretary shall issue a final rule 

20 under subsection (a) not later than 3 years after the 

21 date of the enactment of this Act. 

22 (2) REPORT.—If the Secretary determines that 

23 an amendment to the standard referred to in sub24 section (a) is not warranted based on the require25 ments and considerations set forth in subsections (a) 


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1 and (b) of section 30111 of title 49, United States 

2 Code, the Secretary shall submit a report describing 

3 the reasons for not prescribing such a standard to— 

4 (A) the Committee on Commerce, Science, 

5 and Transportation of the Senate; and 

6 (B) the Committee on Energy and Com7 merce of the House of Representatives. 

8 SEC. 504. UNATTENDED PASSENGER REMINDERS. 

9 (a) SAFETY RESEARCH INITIATIVE.—Not later than 

10 2 years after the date of the enactment of this Act, the 

11 Secretary shall complete research into the development of 

12 performance requirements to warn drivers that a child or 

13 other unattended passenger remains in a rear seating posi14 tion after the vehicle motor is disengaged. 

15 (b) SPECIFICATIONS.—In carrying out subsection (a), 

16 the Secretary shall consider performance requirements 

17 that— 

18 (1) sense weight, the presence of a buckled seat 

19 belt, or other indications of the presence of a child 

20 or other passenger; and 

21 (2) provide an alert to prevent hyperthermia 

22 and hypothermia that can result in death or severe 

23 injuries. 

24 (c) RULEMAKING OR REPORT.— 


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1 (1) RULEMAKING.—Not later than 1 year after 

2 the completion of each research and testing initiative 

3 required under subsection (a), the Secretary shall 

4 initiate a rulemaking proceeding to issue a Federal 

5 motor vehicle safety standard if the Secretary deter6 mines that such a standard meets the requirements 

7 and considerations set forth in subsections (a) and 

8 (b) of section 30111 of title 49, United States Code. 

9 (2) REPORT.—If the Secretary determines that 

10 the standard described in subsection (a) does not 

11 meet the requirements and considerations set forth 

12 in subsections (a) and (b) of section 30111 of title 

13 49, United States Code, the Secretary shall submit 

14 a report describing the reasons for not prescribing 

15 such a standard to— 

16 (A) the Committee on Commerce, Science, 

17 and Transportation of the Senate; and 

18 (B) the Committee on Energy and Com19 merce of the House of Representatives. 

20 SEC. 505. NEW DEADLINE. 

21 If the Secretary determines that any deadline for 

22 issuing a final rule under this Act cannot be met, the Sec23 retary shall— 

24 (1) provide the Committee on Commerce, 

25 Science, and Transportation of the Senate and the 


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1 Committee on Energy and Commerce of the House 

2 of Representatives with an explanation for why such 

3 deadline cannot be met; and 

4 (2) establish a new deadline for that rule. 

Æ 


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