II 

Calendar No. 548 

112TH CONGRESS 

2D 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, Mrs. GILLIBRAND, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

NOVEMBER 14, 2012 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 

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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition. 

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. 

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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 

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. 

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1 (2) HIGHWAY SAFETY RESEARCH AND DEVEL2 OPMENT.—For carrying out section 403 of title 23, 

3 United States Code— 

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

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

6 (3) COMBINED OCCUPANT PROTECTION

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

8 United States Code— 

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

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

11 (4) STATE TRAFFIC SAFETY INFORMATION SYS12 TEM IMPROVEMENTS.—For carrying out section 408 

13 of title 23, United States Code— 

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

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

16 (5) IMPAIRED DRIVING COUNTERMEASURES.— 

17 For carrying out section 410 of title 23, United 

18 States Code— 

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

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

21 (6) DISTRACTED DRIVING GRANTS.—For car22 rying out section 411 of title 23, United States 

23 Code— 

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

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

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1 (7) NATIONAL DRIVER REGISTER.—For the Na2 tional Highway Traffic Safety Administration to 

3 carry out chapter 303 of title 49, United States 

4 Code— 

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

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

7 (8) HIGH VISIBILITY ENFORCEMENT PRO8 GRAM.—For carrying out section 2009 of 

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

10 note)— 

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

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

13 (9) MOTORCYCLIST SAFETY.—For carrying out 

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

15 59; 23 U.S.C. note)— 

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

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

18 (10) ADMINISTRATIVE EXPENSES.—For admin19 istrative and related operating expenses of the Na20 tional Highway Traffic Safety Administration in car21 rying out chapter 4 of title 23, United States Code, 

22 and this title— 

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

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

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1 (11) DRIVER ALCOHOL DETECTION SYSTEM

2 FOR SAFETY RESEARCH.—For carrying out section 

3 413 of title 23, United States Code— 

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

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

6 (12) STATE GRADUATED DRIVER LICENSING

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

8 United States Code— 

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

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

11 (b) PROHIBITION ON OTHER USES.—Except as oth12 erwise provided in chapter 4 of title 23, United States 

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

14 title, the amounts made available from the Highway Trust 

15 Fund (other than the Mass Transit Account) for a pro16 gram under such chapter— 

17 (1) shall only be used to carry out such pro18 gram; and 

19 (2) may not be used by States or local govern20 ments for construction purposes. 

21 (c) APPLICABILITY OF TITLE 23.—Except as other22 wise provided in chapter 4 of title 23, United States Code, 

23 and in this title, amounts made available under subsection 

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

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1 obligation in the same manner as if such funds were ap2 portioned under chapter 1 of title 23, United States Code. 

3 (d) REGULATORY AUTHORITY.—Grants awarded 

4 under this title shall be in accordance with regulations 

5 issued by the Secretary. 

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

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

8 cost, the aggregate of all expenditures for highway safety 

9 activities made during any fiscal year by the State and 

10 its political subdivisions (exclusive of Federal funds) for 

11 carrying out the grant (other than planning and adminis12 tration) shall be available for the purpose of crediting the 

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

14 of the cost of any project under this title (other than plan15 ning or administration) without regard to whether such 

16 expenditures were actually made in connection with such 

17 project. 

18 (f) MAINTENANCE OF EFFORT.— 

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

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

21 United States Code, in any fiscal year unless the 

22 State enters into such agreements with the Sec23 retary as the Secretary may require to ensure that 

24 the State will maintain its aggregate expenditures 

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1 scribed in such sections at or above the average level 

2 of such expenditures in its 2 fiscal years preceding 

3 the date of enactment of this Act. 

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

5 Secretary may waive or modify the requirements 

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

7 if the Secretary determines that such a waiver would 

8 be equitable due to exceptional or uncontrollable cir9 cumstances. 

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

11 may transfer any amounts remaining available under 

12 paragraphs (3), (4), (5), (6), (9), (11), and (12) of sub13 section (a) to the amounts made available under any other 

14 of such paragraphs or for purposes authorized under chap15 ter 301 of title 49, United States Code, in order to ensure, 

16 to the maximum extent possible, that all funds are obli17 gated. 

18 (h) GRANT APPLICATION AND DEADLINE.—To re19 ceive a grant under this title, a State shall submit an ap20 plication, and the Secretary shall establish a single dead21 line for such applications to enable the award of grants 

22 early in the next fiscal year. 

23 (i) ALLOCATION TO SUPPORT STATE DISTRACTED

24 DRIVING LAWS.—Of the amounts available under sub25 section (a)(7) for distracted driving grants, the Secretary 

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

2 development and placement of broadcast media to support 

3 the enforcement of State distracted driving laws. 

4 SEC. 102. HIGHWAY SAFETY PROGRAMS. 

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

6 23, United States Code, is amended to read as follows: 

7 ‘‘(a) PROGRAM REQUIRED.— 

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

9 highway safety program, approved by the Secretary, 

10 that is designed to reduce traffic accidents and the 

11 resulting deaths, injuries, and property damage. 

12 ‘‘(2) UNIFORM GUIDELINES.—Programs re13 quired under paragraph (1) shall comply with uni14 form guidelines, promulgated by the Secretary and 

15 expressed in terms of performance criteria, that— 

16 ‘‘(A) include programs— 

17 ‘‘(i) to reduce injuries and deaths re18 sulting from motor vehicles being driven in 

19 excess of posted speed limits; 

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

21 occupant protection devices (including the 

22 use of safety belts and child restraint sys23 tems) by occupants of motor vehicles; 

24 ‘‘(iii) to reduce deaths and injuries re25 sulting from persons driving motor vehicles 

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1 while impaired by alcohol or a controlled 

2 substance; 

3 ‘‘(iv) to prevent accidents and reduce 

4 deaths and injuries resulting from acci5 dents involving motor vehicles and motor6 cycles; 

7 ‘‘(v) to reduce injuries and deaths re8 sulting from accidents involving school 

9 buses; 

10 ‘‘(vi) to reduce accidents resulting 

11 from unsafe driving behavior (including ag12 gressive or fatigued driving and distracted 

13 driving arising from the use of electronic 

14 devices in vehicles); and 

15 ‘‘(vii) to improve law enforcement 

16 services in motor vehicle accident preven17 tion, traffic supervision, and post-accident 

18 procedures; 

19 ‘‘(B) improve driver performance, includ20 ing— 

21 ‘‘(i) driver education; 

22 ‘‘(ii) driver testing to determine pro23 ficiency to operate motor vehicles; and 

24 ‘‘(iii) driver examinations (physical, 

25 mental, and driver licensing); 

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1 ‘‘(C) improve pedestrian performance and 

2 bicycle safety; 

3 ‘‘(D) include provisions for— 

4 ‘‘(i) an effective record system of acci5 dents (including resulting injuries and 

6 deaths); 

7 ‘‘(ii) accident investigations to deter8 mine the probable causes of accidents, in9 juries, and deaths; 

10 ‘‘(iii) vehicle registration, operation, 

11 and inspection; and 

12 ‘‘(iv) emergency services; and 

13 ‘‘(E) to the extent determined appropriate 

14 by the Secretary, are applicable to federally ad15 ministered areas where a Federal department 

16 or agency controls the highways or supervises 

17 traffic operations.’’. 

18 (b) ADMINISTRATION OF STATE PROGRAMS.—Sec19 tion 402(b)(1) of title 23, United States Code, is amend20 ed— 

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

22 the end; 

23 (2) by redesignating subparagraph (E) as sub24 paragraph (F); 

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

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1 ‘‘(E) beginning on October 1, 2012, pro2 vide for a robust, data-driven traffic safety en3 forcement program to prevent traffic violations, 

4 crashes, and crash fatalities and injuries in 

5 areas most at risk for such incidents, to the 

6 satisfaction of the Secretary;’’; and 

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

8 (A) in clause (i), by inserting ‘‘and high9 visibility law enforcement mobilizations coordi10 nated by the Secretary’’ after ‘‘mobilizations’’; 

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

12 end; 

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

14 the end and inserting ‘‘; and’’; and 

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

16 ‘‘(v) ensuring that the State will co17 ordinate its highway safety plan, data col18 lection, and information systems with the 

19 State strategic highway safety plan (as de20 fined in section 148(a)).’’. 

21 (c) APPROVED HIGHWAY SAFETY PROGRAMS.—Sec22 tion 402(c) of title 23, United States Code, is amended— 

23 (1) by striking ‘‘(c) Funds authorized’’ and in24 serting the following: 

25 ‘‘(c) USE OF FUNDS.— 

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

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

3 following: 

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

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

6 described in paragraph (1)’’; 

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

8 all that follows through ‘‘subsection, a highway safe9 ty program’’ and inserting ‘‘A highway safety pro10 gram’’; 

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

12 apportioned under this section, in cooperation with 

13 neighboring States, for highway safety programs or 

14 related projects that may confer benefits on such 

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

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

17 ‘‘20 percent’’; and 

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

19 and all that follows and inserting the following: 

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

21 promptly apportion the funds withheld from a 

22 State’s apportionment to the State if the Secretary 

23 approves the State’s highway safety program or de24 termines that the State has begun implementing an 

25 approved program, as appropriate, not later than 

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

2 withheld. If the Secretary determines that the State 

3 did not correct its failure within such period, the 

4 Secretary shall reapportion the withheld funds to the 

5 other States in accordance with the formula speci6 fied in paragraph (2) not later than the last day of 

7 the fiscal year.’’. 

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

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

10 to read as follows: 

11 ‘‘(g) SAVINGS PROVISION.— 

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

13 paragraph (2), nothing in this section may be con14 strued to authorize the appropriation or expenditure 

15 of funds for— 

16 ‘‘(A) highway construction, maintenance, 

17 or design (other than design of safety features 

18 of highways to be incorporated into guidelines); 

19 or 

20 ‘‘(B) any purpose for which funds are au21 thorized by section 403. 

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

23 may use funds made available to carry out this sec24 tion to assist in demonstration projects carried out 

25 by the Secretary under section 403.’’. 

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

2 States Code, is amended— 

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

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

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

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

7 (j). 

8 (f) HIGHWAY SAFETY PLAN AND REPORTING RE9 QUIREMENTS.—Section 402 of title 23, United States 

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

11 adding at the end the following: 

12 ‘‘(k) HIGHWAY SAFETY PLAN AND REPORTING RE13 QUIREMENTS.— 

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

15 each State to develop and submit to the Secretary 

16 a highway safety plan that complies with the re17 quirements under this subsection not later than July 

18 1, 2012, and annually thereafter. 

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

20 submitted under paragraph (1) shall include— 

21 ‘‘(A) performance measures required by 

22 the Secretary or otherwise necessary to support 

23 additional State safety goals, including— 

24 ‘‘(i) documentation of current safety 

25 levels for each performance measure; 

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1 ‘‘(ii) quantifiable annual performance 

2 targets for each performance measure; and 

3 ‘‘(iii) a justification for each perform4 ance target; 

5 ‘‘(B) a strategy for programming funds ap6 portioned to the State under this section on 

7 projects and activities that will allow the State 

8 to meet the performance targets described in 

9 subparagraph (A); 

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

11 effectiveness of proposed countermeasures; 

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

13 local, or private funds that the State plans to 

14 use, in addition to funds apportioned to the 

15 State under this section, to carry out the strat16 egy described in subparagraph (B); 

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

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

19 meeting State safety goals set forth in the pre20 vious year’s highway safety plan; and 

21 ‘‘(F) an application for any additional 

22 grants available to the State under this chapter. 

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

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

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

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1 safety plan is received by the Secretary, the 

2 Secretary shall review and approve or dis3 approve the plan. 

4 ‘‘(B) APPROVALS AND DISAPPROVALS.— 

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

6 approve a State’s highway safety plan if 

7 the Secretary determines that— 

8 ‘‘(I) the plan is evidence-based 

9 and supported by data; 

10 ‘‘(II) the performance targets are 

11 adequate; and 

12 ‘‘(III) the plan, once imple13 mented, will allow the State to meet 

14 such targets. 

15 ‘‘(ii) DISAPPROVALS.—The Secretary 

16 shall disapprove a State’s highway safety 

17 plan if the Secretary determines that the 

18 plan does not— 

19 ‘‘(I) set appropriate performance 

20 targets; or 

21 ‘‘(II) provide for evidence-based 

22 programming of funding in a manner 

23 sufficient to allow the State to meet 

24 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 aumstockstill on DSK4VPTVN1PROD with BILLS

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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 

24 with foreign countries about laws, projects, promstockstill on DSK4VPTVN1PROD with BILLS

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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 Secmstockstill on DSK4VPTVN1PROD with BILLS

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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 commstockstill on DSK4VPTVN1PROD with BILLS

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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 famstockstill on DSK4VPTVN1PROD with BILLS

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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 accimstockstill on DSK4VPTVN1PROD with BILLS

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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 Fedmstockstill on DSK4VPTVN1PROD with BILLS

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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 conmstockstill on DSK4VPTVN1PROD with BILLS

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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. 

5 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

7 ‘‘Motor Vehicle and Highway Safety Improvement Act of 

8 2011’’ or ‘‘Mariah’s Act’’. 

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

10 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition. 

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. 

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. 

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TITLE III—TRANSPARENCY AND ACCOUNTABILITY 

Sec. 301. Improved National Highway Traffic Safety Administration vehicle safety database. 

Sec. 302. National Highway Traffic Safety Administration 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 National Highway Traffic Safety Administration 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. Anti-revolving door. 

Sec. 310. Study of crash data collection. 

Sec. 311. Update means of providing notification; improving efficacy of recalls. 

Sec. 312. Expanding choices of remedy available to manufacturers of replacement 

equipment. 

Sec. 313. Recall obligations and bankruptcy of manufacturer. 

Sec. 314. Repeal of insurance reports and information provision. 

Sec. 315. Monroney sticker to permit additional safety rating categories. 

TITLE IV—VEHICLE ELECTRONICS AND SAFETY STANDARDS 

Sec. 401. National Highway Traffic Safety Administration 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. 

TITLE VI—IMPROVED DAYTIME AND NIGHTTIME VISIBILITY OF 

AGRICULTURAL EQUIPMENT 

Sec. 601. Rulemaking on visibility of agricultural equipment. 

1 SEC. 2. DEFINITION. 

2 In this Act, the term ‘‘Secretary’’ means the Secretary 

3 of Transportation. 

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1 TITLE I—HIGHWAY SAFETY 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 (a) IN GENERAL.—The following sums are authorized 

4 to be appropriated out of the Highway Trust Fund (other 

5 than the Mass Transit Account): 

6 (1) HIGHWAY SAFETY PROGRAMS.—For carrying 

7 out section 402 of title 23, United States Code— 

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

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

10 (2) HIGHWAY SAFETY RESEARCH AND DEVELOP11 MENT.—For carrying out section 403 of title 23, 

12 United States Code— 

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

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

15 (3) COMBINED OCCUPANT PROTECTION

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

17 United States Code— 

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

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

20 (4) STATE TRAFFIC SAFETY INFORMATION SYS21 TEM IMPROVEMENTS.—For carrying out section 408 

22 of title 23, United States Code— 

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

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

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1 (5) IMPAIRED DRIVING COUNTERMEASURES.— 

2 For carrying out section 410 of title 23, United States 

3 Code— 

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

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

6 (6) DISTRACTED DRIVING GRANTS.—For car7 rying out section 411 of title 23, United States 

8 Code— 

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

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

11 (7) NATIONAL DRIVER REGISTER.—For the Na12 tional Highway Traffic Safety Administration to 

13 carry out chapter 303 of title 49, United States 

14 Code— 

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

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

17 (8) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 

18 For carrying out section 2009 of SAFETEA–LU (23 

19 U.S.C. 402 note)— 

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

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

22 (9) MOTORCYCLIST SAFETY.—For carrying out 

23 section 2010 of SAFETEA–LU (23 U.S.C. 402 

24 note)— 

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

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

2 (10) ADMINISTRATIVE EXPENSES.—For adminis3 trative and related operating expenses of the National 

4 Highway Traffic Safety Administration in carrying 

5 out chapter 4 of title 23, United States Code, and this 

6 title— 

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

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

9 (11) DRIVER ALCOHOL DETECTION SYSTEM FOR

10 SAFETY RESEARCH.—For carrying out section 413 of 

11 title 23, United States Code— 

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

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

14 (12) STATE GRADUATED DRIVER LICENSING

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

16 United States Code— 

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

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

19 (b) PROHIBITION ON OTHER USES.—Except as other20 wise provided in chapter 4 of title 23, United States Code, 

21 in this title, and in the amendments made by this title, 

22 the amounts made available from the Highway Trust Fund 

23 (other than the Mass Transit Account) for a program under 

24 such chapter— 

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1 (1) shall only be used to carry out such program; 

2 and 

3 (2) may not be used by a States or local govern4 ments for construction purposes. 

5 (c) APPLICABILITY OF TITLE 23.—Except as otherwise 

6 provided in chapter 4 of title 23, United States Code, and 

7 in this title, amounts made available under subsection (a) 

8 for fiscal years 2012 and 2013 shall be available for obliga9 tion in the same manner as if such funds were apportioned 

10 under chapter 1 of title 23, United States Code. 

11 (d) REGULATORY AUTHORITY.—Grants awarded 

12 under this title shall be in accordance with regulations 

13 issued by the Secretary. 

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

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

16 cost, the aggregate of all expenditures for highway safety 

17 activities made during any fiscal year by the State and 

18 its political subdivisions (exclusive of Federal funds) for 

19 carrying out the grant (other than planning and adminis20 tration) shall be available for the purpose of crediting the 

21 State during such fiscal year for the non-Federal share of 

22 the cost of any project under this title (other than planning 

23 or administration) without regard to whether such expendi24 tures were actually made in connection with such project. 

25 (f) MAINTENANCE OF EFFORT.— 

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

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

3 United States Code, in any fiscal year unless the 

4 State enters into such agreements with the Secretary 

5 as the Secretary may require to ensure that the State 

6 will maintain its aggregate expenditures from all 

7 State and local sources for programs described in such 

8 sections at or above the average level of such expendi9 tures in its 2 fiscal years preceding the date of enact10 ment of this Act. 

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

12 Secretary may waive or modify the requirements 

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

14 if the Secretary determines that such a waiver would 

15 be equitable due to exceptional or uncontrollable cir16 cumstances. 

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

18 may transfer any amounts remaining available under 

19 paragraphs (3), (4), (5), (6), (9), (11), and (12) of sub20 section (a) to the amounts made available under paragraph 

21 (1) or any other of such paragraphs in order to ensure, to 

22 the maximum extent possible, that all funds are obligated. 

23 (h) GRANT APPLICATION AND DEADLINE.—To receive 

24 a grant under this title, a State shall submit an applica25 tion, and the Secretary shall establish a single deadline for 

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1 such applications to enable the award of grants early in 

2 the next fiscal year. 

3 (i) ALLOCATION TO SUPPORT STATE DISTRACTED

4 DRIVING LAWS.—Of the amounts available under sub5 section (a)(6) for distracted driving grants, the Secretary 

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

7 development and placement of broadcast media to support 

8 the enforcement of State distracted driving laws. 

9 SEC. 102. HIGHWAY SAFETY PROGRAMS. 

10 (a) PROGRAMS INCLUDED.—Section 402(a) of title 23, 

11 United States Code, is amended to read as follows: 

12 ‘‘(a) PROGRAM REQUIRED.— 

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

14 highway safety program, approved by the Secretary, 

15 that is designed to reduce traffic accidents and the re16 sulting deaths, injuries, and property damage. 

17 ‘‘(2) UNIFORM GUIDELINES.—Programs required 

18 under paragraph (1) shall comply with uniform 

19 guidelines, promulgated by the Secretary and ex20 pressed in terms of performance criteria, that— 

21 ‘‘(A) include programs— 

22 ‘‘(i) to reduce injuries and deaths re23 sulting from motor vehicles being driven in 

24 excess of posted speed limits; 

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1 ‘‘(ii) to encourage the proper use of oc2 cupant protection devices (including the use 

3 of safety belts and child restraint systems) 

4 by occupants of motor vehicles; 

5 ‘‘(iii) to reduce injuries and deaths re6 sulting from persons driving motor vehicles 

7 while impaired by alcohol or a controlled 

8 substance; 

9 ‘‘(iv) to prevent accidents and reduce 

10 injuries and deaths resulting from accidents 

11 involving motor vehicles and motorcycles; 

12 ‘‘(v) to reduce injuries and deaths re13 sulting from accidents involving school 

14 buses; 

15 ‘‘(vi) to reduce accidents resulting from 

16 unsafe driving behavior (including aggres17 sive or fatigued driving and distracted driv18 ing arising from the use of electronic devices 

19 in vehicles); and 

20 ‘‘(vii) to improve law enforcement serv21 ices in motor vehicle accident prevention, 

22 traffic supervision, and post-accident proce23 dures; 

24 ‘‘(B) improve driver performance, includ25 ing— 

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1 ‘‘(i) driver education; 

2 ‘‘(ii) driver testing to determine pro3 ficiency to operate motor vehicles; and 

4 ‘‘(iii) driver examinations (physical, 

5 mental, and driver licensing); 

6 ‘‘(C) improve pedestrian performance and 

7 bicycle safety; 

8 ‘‘(D) include provisions for— 

9 ‘‘(i) an effective record system of acci10 dents (including resulting injuries and 

11 deaths); 

12 ‘‘(ii) accident investigations to deter13 mine the probable causes of accidents, inju14 ries, and deaths; 

15 ‘‘(iii) vehicle registration, operation, 

16 and inspection; and 

17 ‘‘(iv) emergency services; and 

18 ‘‘(E) to the extent determined appropriate 

19 by the Secretary, are applicable to federally ad20 ministered areas where a Federal department or 

21 agency controls the highways or supervises traffic 

22 operations.’’. 

23 (b) ADMINISTRATION OF STATE PROGRAMS.—Section 

24 402(b)(1) of title 23, United States Code, is amended— 

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

2 the end; 

3 (2) by redesignating subparagraph (E) as sub4 paragraph (F); 

5 (3) by inserting after subparagraph (D) the fol6 lowing: 

7 ‘‘(E) beginning on October 1, 2012, provide 

8 for a robust, data-driven traffic safety enforce9 ment program to prevent traffic violations, 

10 crashes, and crash fatalities and injuries in 

11 areas most at risk for such incidents, to the sat12 isfaction of the Secretary;’’; and 

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

14 (A) in clause (i), by inserting ‘‘and high15 visibility law enforcement mobilizations coordi16 nated by the Secretary’’ after ‘‘mobilizations’’; 

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

18 end; 

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

20 the end and inserting ‘‘; and’’; and 

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

22 ‘‘(v) ensuring that the State will co23 ordinate its highway safety plan, data col24 lection, and information systems with the 

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1 State strategic highway safety plan (as de2 fined in section 148(a)).’’. 

3 (c) APPROVED HIGHWAY SAFETY PROGRAMS.—Sec4 tion 402(c) of title 23, United States Code, is amended— 

5 (1) by striking ‘‘(c) Funds authorized’’ and in6 serting the following: 

7 ‘‘(c) USE OF FUNDS.— 

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

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

10 following: 

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

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

13 described in paragraph (1)’’; 

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

15 that follows through ‘‘subsection, a highway safety 

16 program’’ and inserting ‘‘A highway safety pro17 gram’’; 

18 (4) by inserting ‘‘A State may use the funds ap19 portioned under this section, in cooperation with 

20 neighboring States, for highway safety programs or 

21 related projects that may confer benefits on such 

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

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

24 ‘‘20 percent’’; and 

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

2 and all that follows and inserting the following: 

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

4 promptly apportion the funds withheld from a State’s 

5 apportionment to the State if the Secretary approves 

6 the State’s highway safety program or determines 

7 that the State has begun implementing an approved 

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

9 the fiscal year for which the funds were withheld. If 

10 the Secretary determines that the State did not cor11 rect its failure within such period, the Secretary shall 

12 reapportion the withheld funds to the other States in 

13 accordance with the formula specified in paragraph 

14 (2) not later than the last day of the fiscal year.’’. 

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

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

17 to read as follows: 

18 ‘‘(g) SAVINGS PROVISION.— 

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

20 paragraph (2), nothing in this section may be con21 strued to authorize the appropriation or expenditure 

22 of funds for— 

23 ‘‘(A) highway construction, maintenance, or 

24 design (other than design of safety features of 

25 highways to be incorporated into guidelines); or 

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1 ‘‘(B) any purpose for which funds are au2 thorized by section 403. 

3 ‘‘(2) DEMONSTRATION PROJECTS.—A State may 

4 use funds made available to carry out this section to 

5 assist in demonstration projects carried out by the 

6 Secretary under section 403.’’. 

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

8 States Code, is amended— 

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

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

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

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

13 (j). 

14 (f) HIGHWAY SAFETY PLAN AND REPORTING RE15 QUIREMENTS.—Section 402 of title 23, United States Code, 

16 as amended by this section, is further amended by adding 

17 at the end the following: 

18 ‘‘(k) HIGHWAY SAFETY PLAN AND REPORTING RE19 QUIREMENTS.— 

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

21 each State to develop and submit to the Secretary a 

22 highway safety plan that complies with the require23 ments under this subsection not later than July 1, 

24 2012, and annually thereafter. 

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

2 submitted under paragraph (1) shall include— 

3 ‘‘(A) performance measures required by the 

4 Secretary or otherwise necessary to support addi5 tional State safety goals, including— 

6 ‘‘(i) documentation of current safety 

7 levels for each performance measure; 

8 ‘‘(ii) quantifiable annual performance 

9 targets for each performance measure; and 

10 ‘‘(iii) a justification for each perform11 ance target; 

12 ‘‘(B) a strategy for programming funds ap13 portioned to the State under this section on 

14 projects and activities that will allow the State 

15 to meet the performance targets described in sub16 paragraph (A); 

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

18 effectiveness of proposed countermeasures; 

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

20 local, or private funds that the State plans to 

21 use, in addition to funds apportioned to the 

22 State under this section, to carry out the strat23 egy described in subparagraph (B); 

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

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

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1 meeting State safety goals set forth in the pre2 vious year’s highway safety plan; and 

3 ‘‘(F) an application for any additional 

4 grants available to the State under this chapter. 

5 ‘‘(3) PERFORMANCE MEASURES.—For the first 

6 highway safety plan submitted under this subsection, 

7 the performance measures required by the Secretary 

8 under paragraph (2)(A) shall be limited to those de9 veloped by the National Highway Traffic Safety Ad10 ministration and the Governor’s Highway Safety As11 sociation and described in the report, ‘Traffic Safety 

12 Performance Measures for States and Federal Agen13 cies’ (DOT HS 811 025). For subsequent highway 

14 safety plans, the Secretary shall consult with the Gov15 ernor’s Highway Safety Association and safety ex16 perts if the Secretary makes revisions to the set of re17 quired performance measures. 

18 ‘‘(4) REVIEW OF HIGHWAY SAFETY PLANS.— 

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

20 after the date on which a State’s highway safety 

21 plan is received by the Secretary, the Secretary 

22 shall review and approve or disapprove the plan. 

23 ‘‘(B) APPROVALS AND DISAPPROVALS.— 

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

2 approve a State’s highway safety plan if the 

3 Secretary determines that— 

4 ‘‘(I) the plan is evidence-based 

5 and supported by data; 

6 ‘‘(II) the performance targets are 

7 adequate; and 

8 ‘‘(III) the plan, once implemented, 

9 will allow the State to meet such tar10 gets. 

11 ‘‘(ii) DISAPPROVALS.—The Secretary 

12 shall disapprove a State’s highway safety 

13 plan if the Secretary determines that the 

14 plan does not— 

15 ‘‘(I) set appropriate performance 

16 targets; or 

17 ‘‘(II) provide for evidence-based 

18 programming of funding in a manner 

19 sufficient to allow the State to meet 

20 such targets. 

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

22 Secretary disapproves a State’s highway safety 

23 plan, the Secretary shall— 

24 ‘‘(i) inform the State of the reasons for 

25 such disapproval; and 

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

2 plan with any modifications that the Sec3 retary determines to be necessary. 

4 ‘‘(D) REVIEW OF RESUBMITTED PLANS.—If 

5 the Secretary requires a State to resubmit a 

6 highway safety plan, with modifications, the 

7 Secretary shall review and approve or dis8 approve the modified plan not later than 30 

9 days after the date on which the Secretary re10 ceives such plan. 

11 ‘‘(E) REPROGRAMMING AUTHORITY.—If the 

12 Secretary determines that the modifications con13 tained in a State’s resubmitted highway safety 

14 plan do not provide for the programming of 

15 funding in a manner sufficient to meet the 

16 State’s performance goals, the Secretary, in con17 sultation with the State, shall take such action 

18 as may be necessary to bring the State’s plan 

19 into compliance with the performance targets. 

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

21 the State’s highway safety plan, and decisions of 

22 the Secretary concerning approval or dis23 approval of a revised plan, available to the pub24 lic.’’. 

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1 (g) COOPERATIVE RESEARCH AND EVALUATION.—Sec2 tion 402 of title 23, United States Code, as amended by 

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

4 following: 

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

6 ‘‘(1) ESTABLISHMENT AND FUNDING.—Notwith7 standing the apportionment formula set forth in sub8 section (c)(2), $2,500,000 of the total amount avail9 able for apportionment to the States for highway safe10 ty programs under subsection (c) in each fiscal year 

11 shall be available for expenditure by the Secretary, 

12 acting through the Administrator of the National 

13 Highway Traffic Safety Administration, for a cooper14 ative research and evaluation program to research 

15 and evaluate priority highway safety counter16 measures. 

17 ‘‘(2) ADMINISTRATION.—The program established 

18 under paragraph (1)— 

19 ‘‘(A) shall be administered by the Adminis20 trator of the National Highway Traffic Safety 

21 Administration; and 

22 ‘‘(B) shall be jointly managed by the Gov23 ernors Highway Safety Association and the Na24 tional Highway Traffic Safety Administration.’’. 

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1 (h) TEEN TRAFFIC SAFETY PROGRAM.—Section 402 of 

2 title 23, United States Code, as amended by this section, 

3 is further amended by adding at the end the following: 

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

5 ‘‘(1) PROGRAM AUTHORIZED.—Subject to the re6 quirements of a State’s highway safety plan, as ap7 proved by the Secretary under subsection (k), a State 

8 may use a portion of the amounts received under this 

9 section to implement a statewide teen traffic safety 

10 program to improve traffic safety for teen drivers. 

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

12 under paragraph (1)— 

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

14 and prevention strategies in schools and commu15 nities designed to— 

16 ‘‘(i) increase safety belt use; 

17 ‘‘(ii) reduce speeding; 

18 ‘‘(iii) reduce impaired and distracted 

19 driving; 

20 ‘‘(iv) reduce underage drinking; and 

21 ‘‘(v) reduce other behaviors by teen 

22 drivers that lead to injuries and fatalities; 

23 and 

24 ‘‘(B) may include— 

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

2 and school advisors to plan and implement 

3 teen traffic safety programs; 

4 ‘‘(ii) providing subgrants to schools 

5 throughout the State to support the estab6 lishment and expansion of student groups 

7 focused on teen traffic safety; 

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

9 technical assistance to establish and expand 

10 school and community safety programs for 

11 teen drivers; 

12 ‘‘(iv) creating statewide or regional 

13 websites to publicize and circulate informa14 tion on teen safety programs; 

15 ‘‘(v) conducting outreach and pro16 viding educational resources for parents; 

17 ‘‘(vi) establishing State or regional ad18 visory councils comprised of teen drivers to 

19 provide input and recommendations to the 

20 governor and the governor’s safety rep21 resentative on issues related to the safety of 

22 teen drivers; 

23 ‘‘(vii) collaborating with law enforce24 ment; 

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1 ‘‘(viii) organizing and hosting State 

2 and regional conferences for teen drivers; 

3 ‘‘(ix) establishing partnerships and 

4 promoting coordination among community 

5 stakeholders, including public, not-for-prof6 it, and for profit entities; and 

7 ‘‘(x) funding a coordinator position for 

8 the teen safety program in the State or re9 gion.’’. 

10 SEC. 103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT. 

11 Section 403 of title 23, United States Code, is amended 

12 to read as follows: 

13 ‘‘§ 403. Highway safety research and development 

14 ‘‘(a) DEFINED TERM.—In this section, the term ‘Fed15 eral laboratory’ includes— 

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

17 laboratory; and 

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

19 laboratory. 

20 ‘‘(b) GENERAL AUTHORITY.— 

21 ‘‘(1) RESEARCH AND DEVELOPMENT ACTIVI22 TIES.—The Secretary may conduct research and de23 velopment activities, including demonstration projects 

24 and the collection and analysis of highway and motor 

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1 vehicle safety data and related information needed to 

2 carry out this section, with respect to— 

3 ‘‘(A) all aspects of highway and traffic safe4 ty systems and conditions relating to— 

5 ‘‘(i) vehicle, highway, driver, pas6 senger, motorcyclist, bicyclist, and pedes7 trian characteristics; 

8 ‘‘(ii) accident causation and investiga9 tions; 

10 ‘‘(iii) communications; 

11 ‘‘(iv) emergency medical services; and 

12 ‘‘(v) transportation of the injured; 

13 ‘‘(B) human behavioral factors and their ef14 fect on highway and traffic safety, including— 

15 ‘‘(i) driver education; 

16 ‘‘(ii) impaired driving; 

17 ‘‘(iii) distracted driving; and 

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

19 brought into, vehicles; 

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

21 countermeasures to increase highway and traffic 

22 safety, including occupant protection and 

23 alcohol- and drug-impaired driving technologies 

24 and initiatives; and 

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1 ‘‘(D) the effect of State laws on any aspects, 

2 activities, or programs described in subpara3 graphs (A) through (C). 

4 ‘‘(2) COOPERATION, GRANTS, AND CONTRACTS.— 

5 The Secretary may carry out this section— 

6 ‘‘(A) independently; 

7 ‘‘(B) in cooperation with other Federal de8 partments, agencies, and instrumentalities and 

9 Federal laboratories; 

10 ‘‘(C) by entering into contracts, cooperative 

11 agreements, and other transactions with the Na12 tional Academy of Sciences, any Federal labora13 tory, State or local agency, authority, associa14 tion, institution, foreign country, or person (as 

15 defined in chapter 1 of title 1); or 

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

17 Academy of Sciences, any Federal laboratory, 

18 State or local agency, authority, association, in19 stitution, or person (as defined in chapter 1 of 

20 title 1). 

21 ‘‘(c) COLLABORATIVE RESEARCH AND DEVELOP22 MENT.— 

23 ‘‘(1) IN GENERAL.—To encourage innovative so24 lutions to highway safety problems, stimulate vol25 untary improvements in highway safety, and stimumstockstill on DSK4VPTVN1PROD with BILLS

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1 late the marketing of new highway safety related tech2 nology by private industry, the Secretary is author3 ized to carry out, on a cost-shared basis, collaborative 

4 research and development with— 

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

6 and local governments, foreign countries, colleges, 

7 universities, corporations, partnerships, sole pro8 prietorships, organizations serving the interests 

9 of children, people with disabilities, low-income 

10 populations, and older adults, and trade associa11 tions that are incorporated or established under 

12 the laws of any State or the United States; and 

13 ‘‘(B) Federal laboratories. 

14 ‘‘(2) AGREEMENTS.—In carrying out this sub15 section, the Secretary may enter into cooperative re16 search and development agreements (as defined in sec17 tion 12 of the Stevenson-Wydler Technology Innova18 tion Act of 1980 (15 U.S.C. 3710a)) in which the Sec19 retary provides not more than 50 percent of the cost 

20 of any research or development project under this sub21 section. 

22 ‘‘(3) USE OF TECHNOLOGY.—The research, devel23 opment, or use of any technology pursuant to an 

24 agreement under this subsection, including the terms 

25 under which technology may be licensed and the remstockstill on DSK4VPTVN1PROD with BILLS

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1 sulting royalties may be distributed, shall be subject 

2 to the provisions of the Stevenson-Wydler Technology 

3 Innovation Act of 1980 (15 U.S.C. 3701 et 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 de9 termines to be appropriate. 

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

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

12 amount available for apportionment to the States for high13 way safety programs under section 402(c) in each fiscal 

14 year shall be available, through the end of the succeeding 

15 fiscal year, to the Secretary, acting through the Adminis16 trator of the National Highway Traffic Safety Administra17 tion— 

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

19 by Federal or non-Federal entity or personnel, to Fed20 eral, State, and local highway safety personnel; and 

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

22 other expenses related to such training. 

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

24 CLEARINGHOUSE.—From amounts made available under 

25 this section, the Secretary, acting through the Adminismstockstill on DSK4VPTVN1PROD with BILLS

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1 trator of the National Highway Traffic Safety Administra2 tion, is authorized to expend $1,280,000 between the date 

3 of enactment of the Motor Vehicle and Highway Safety Im4 provement Act of 2011 and September 30, 2013, to establish 

5 an electronic clearinghouse and technical assistance service 

6 to 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 deci10 sions. 

11 ‘‘(g) INTERNATIONAL HIGHWAY SAFETY INFORMATION

12 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 

24 with foreign countries about laws, projects, promstockstill on DSK4VPTVN1PROD with BILLS

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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 the 

4 Administrator, to participate and cooperate in 

5 international activities to enhance highway safe6 ty. 

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) PROHIBITION ON CERTAIN DISCLOSURES.—Any 

13 report of the National Highway Traffic Safety Administra14 tion, or of any officer, employee, or contractor of the Na15 tional Highway Traffic Safety Administration, relating to 

16 any highway traffic accident or the investigation of such 

17 accident conducted pursuant to this chapter or chapter 301 

18 shall be made available to the public in a manner that does 

19 not identify individuals. 

20 ‘‘(i) MODEL SPECIFICATIONS FOR DEVICES.—The Sec21 retary, acting through the Administrator of the National 

22 Highway Traffic Safety Administration, may— 

23 ‘‘(1) develop model specifications and testing 

24 procedures for devices, including devices designed to 

25 measure the concentration of alcohol in the body; 

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

2 ‘‘(3) publish a Conforming Products List of such 

3 devices that have met the model specifications; and 

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

5 devices are conducted by a Federal laboratory and 

6 paid for by the device manufacturers.’’. 

7 SEC. 104. NATIONAL DRIVER REGISTER. 

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

9 amended by adding at the end the following: ‘‘The Secretary 

10 shall make continual improvements to modernize the Reg11 ister’s data processing system.’’. 

12 SEC. 105. COMBINED OCCUPANT PROTECTION GRANTS. 

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

14 States Code, is amended to read as follows: 

15 ‘‘§ 405. Combined occupant protection grants 

16 ‘‘(a) GENERAL AUTHORITY.—Subject to the require17 ments of this section, the Secretary of Transportation shall 

18 award grants to States that adopt and implement effective 

19 occupant protection programs to reduce highway deaths 

20 and injuries resulting from individuals riding unrestrained 

21 or improperly restrained in motor vehicles. 

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

23 of activities funded using amounts from grants awarded 

24 under this section may not exceed 80 percent for each fiscal 

25 year for which a State receives a grant. 

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1 ‘‘(c) ELIGIBILITY.— 

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

3 an observed seat belt use rate of 90 percent or higher, 

4 based on the most recent data from a survey that con5 forms with national criteria established by the Na6 tional Highway Traffic Safety Administration, shall 

7 be eligible for a grant in a fiscal year if the State— 

8 ‘‘(A) submits an occupant protection plan 

9 during the first fiscal year; 

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

11 national mobilization; 

12 ‘‘(C) has an active network of child re13 straint inspection stations; and 

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

15 maintain a sufficient number of child passenger 

16 safety technicians. 

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

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

19 based on the most recent data from a survey that con20 forms with national criteria established by the Na21 tional Highway Traffic Safety Administration, shall 

22 be eligible for a grant in a fiscal year if— 

23 ‘‘(A) the State meets all of the requirements 

24 under subparagraphs (A) through (D) of para25 graph (1); and 

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1 ‘‘(B) the Secretary determines that the State 

2 meets at least 3 of the following criteria: 

3 ‘‘(i) The State conducts sustained (on4 going and periodic) seat belt enforcement at 

5 a defined level of participation during the 

6 year. 

7 ‘‘(ii) The State has enacted and en8 forces a primary enforcement seat belt use 

9 law. 

10 ‘‘(iii) The State has implemented coun11 termeasure programs for high-risk popu12 lations, such as drivers on rural roadways, 

13 unrestrained nighttime drivers, or teenage 

14 drivers. 

15 ‘‘(iv) The State has enacted and en16 forces occupant protection laws requiring 

17 front and rear occupant protection use by 

18 all occupants in an age-appropriate re19 straint. 

20 ‘‘(v) The State has implemented a com21 prehensive occupant protection program in 

22 which the State has— 

23 ‘‘(I) conducted a program assess24 ment; 

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1 ‘‘(II) developed a statewide stra2 tegic plan; 

3 ‘‘(III) designated an occupant 

4 protection coordinator; and 

5 ‘‘(IV) established a statewide occu6 pant protection task force. 

7 ‘‘(vi) The State— 

8 ‘‘(I) completed an assessment of 

9 its occupant protection program dur10 ing the 3-year period preceding the 

11 grant year; or 

12 ‘‘(II) will conduct such an assess13 ment during the first year of the grant. 

14 ‘‘(d) USE OF GRANT AMOUNTS.—Grant funds received 

15 pursuant to this section may be used to— 

16 ‘‘(1) carry out a program to support high-visi17 bility enforcement mobilizations, including paid 

18 media that emphasizes publicity for the program, and 

19 law enforcement; 

20 ‘‘(2) carry out a program to train occupant pro21 tection safety professionals, police officers, fire and 

22 emergency medical personnel, educators, and parents 

23 concerning all aspects of the use of child restraints 

24 and occupant protection; 

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

2 concerning the proper use and installation of child re3 straints, including related equipment and informa4 tion systems; 

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

6 child passenger safety services, including programs 

7 about proper seating positions for children and how 

8 to reduce the improper use of child restraints; 

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

10 low-income families if not more than 5 percent of the 

11 funds received in a fiscal year are used for this pur12 pose; 

13 ‘‘(6) establish and maintain information systems 

14 containing data concerning occupant protection, in15 cluding the collection and administration of child 

16 passenger safety and occupant protection surveys; and 

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

18 concerning the dangers of leaving children unattended 

19 in vehicles. 

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

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

22 proportion to the State’s apportionment under section 402 

23 for fiscal year 2009. 

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

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1 ments the manner in which the grant amounts were obli2 gated and expended and identifies the specific programs 

3 carried out with the grant funds. The report shall be in 

4 a form prescribed by the Secretary and may be combined 

5 with other State grant reporting requirements under chap6 ter 4 of title 23, United States Code. 

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

8 ‘‘(1) CHILD RESTRAINT.—The term ‘child re9 straint’ means any device (including child safety seat, 

10 booster seat, harness, and excepting seat belts) de11 signed for use in a motor vehicle to restrain, seat, or 

12 position children who weigh 65 pounds (30 kilo13 grams) or less, and certified to the Federal motor ve14 hicle safety standard prescribed by the National 

15 Highway Traffic Safety Administration for child re16 straints. 

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

18 ‘‘(A) with respect to open-body motor vehi19 cles, including convertibles, an occupant re20 straint system consisting of a lap belt or a lap 

21 belt and a detachable shoulder belt; and 

22 ‘‘(B) with respect to other motor vehicles, an 

23 occupant restraint system consisting of inte24 grated lap and shoulder belts.’’. 

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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 405 and inserting the 

4 following: 

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

5 SEC. 106. STATE TRAFFIC SAFETY INFORMATION SYSTEM 

6 IMPROVEMENTS. 

7 Section 408 of title 23, United States Code, is amended 

8 to read as follows: 

9 ‘‘§ 408. State traffic safety information system im10 provements 

11 ‘‘(a) GENERAL AUTHORITY.—Subject to the require12 ments of this section, the Secretary of Transportation shall 

13 award grants to States to support the development and im14 plementation of effective State programs that— 

15 ‘‘(1) improve the timeliness, accuracy, complete16 ness, uniformity, integration, and accessibility of the 

17 State safety data that is needed to identify priorities 

18 for Federal, State, and local highway and traffic safe19 ty programs; 

20 ‘‘(2) evaluate the effectiveness of efforts to make 

21 such improvements; 

22 ‘‘(3) link the State data systems, including traf23 fic records, with other data systems within the State, 

24 such as systems that contain medical, roadway, and 

25 economic data; 

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1 ‘‘(4) improve the compatibility and interoper2 ability of the data systems of the State with national 

3 data systems and data systems of other States; and 

4 ‘‘(5) enhance the ability of the Secretary to ob5 serve and analyze national trends in crash occur6 rences, rates, outcomes, and circumstances. 

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

8 of adopting and implementing in a fiscal year a State pro9 gram described in this section may not exceed 80 percent. 

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

11 under this section in a fiscal year unless the State dem12 onstrates, to the satisfaction of the Secretary, that the 

13 State— 

14 ‘‘(1) has a functioning traffic records coordi15 nating committee (referred to in this subsection as 

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

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

18 ‘‘(3) has established a State traffic record stra19 tegic plan that has been approved by the TRCC and 

20 describes specific quantifiable and measurable im21 provements anticipated in the State’s core safety 

22 databases, including crash, citation or adjudication, 

23 driver, emergency medical services or injury surveil24 lance system, roadway, and vehicle databases; 

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1 ‘‘(4) has demonstrated quantitative progress in 

2 relation to the significant data program attribute 

3 of— 

4 ‘‘(A) accuracy; 

5 ‘‘(B) completeness; 

6 ‘‘(C) timeliness; 

7 ‘‘(D) uniformity; 

8 ‘‘(E) accessibility; or 

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

10 database; and 

11 ‘‘(5) has certified to the Secretary that an assess12 ment of the State’s highway safety data and traffic 

13 records system was conducted or updated during the 

14 preceding 5 years. 

15 ‘‘(d) USE OF GRANT AMOUNTS.—Grant funds received 

16 by a State under this section shall be used for making data 

17 program improvements to core highway safety databases re18 lated to quantifiable, measurable progress in any of the 6 

19 significant data program attributes set forth in subsection 

20 (c)(4). 

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

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

23 proportion to the State’s apportionment under section 402 

24 for fiscal year 2009.’’. 

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1 SEC. 107. IMPAIRED DRIVING COUNTERMEASURES. 

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

3 States Code, is amended to read as follows: 

4 ‘‘§ 410. Impaired driving countermeasures 

5 ‘‘(a) GRANTS AUTHORIZED.—Subject to the require6 ments of this section, the Secretary of Transportation shall 

7 award grants to States that adopt and implement— 

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

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

10 alcohol and drugs; or 

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

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

13 of activities funded using amounts from grants under this 

14 section may not exceed 80 percent in any fiscal year in 

15 which the State receives a grant. 

16 ‘‘(c) ELIGIBILITY.— 

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

18 shall be eligible for a grant under this section. 

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

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

21 ‘‘(A) a statewide impaired driving task 

22 force in the State developed a statewide plan 

23 during the most recent 3 calendar years to ad24 dress the problem of impaired driving; or 

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1 ‘‘(B) the State will convene a statewide im2 paired driving task force to develop such a plan 

3 during the first year of the grant. 

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

5 shall be eligible for a grant under this section if the 

6 State— 

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

8 State’s impaired driving program during the 

9 most recent 3 calendar years; or 

10 ‘‘(ii) will conduct such an assessment dur11 ing the first year of the grant; 

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

13 grant, a statewide impaired driving task force to 

14 develop a statewide plan that— 

15 ‘‘(i) addresses any recommendations 

16 from the assessment conducted under sub17 paragraph (A); 

18 ‘‘(ii) includes a detailed plan for 

19 spending any grant funds provided under 

20 this section; and 

21 ‘‘(iii) describes how such spending sup22 ports the statewide program; 

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

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1 tion during the first year of the grant for the 

2 agency’s review and approval; 

3 ‘‘(ii) annually updates the statewide plan 

4 in each subsequent year of the grant; and 

5 ‘‘(iii) submits each updated statewide plan 

6 for the agency’s review and comment; and 

7 ‘‘(D) appoints a full or part-time impaired 

8 driving coordinator— 

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

10 to address enforcement and adjudication of 

11 laws to address driving while impaired by 

12 alcohol; and 

13 ‘‘(ii) to oversee the implementation of 

14 the statewide plan. 

15 ‘‘(d) USE OF GRANT AMOUNTS.— 

16 ‘‘(1) REQUIRED PROGRAMS.—High-range States 

17 shall use grant funds for— 

18 ‘‘(A) high visibility enforcement efforts; and 

19 ‘‘(B) any of the activities described in para20 graph (2) if— 

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

22 statewide plan; and 

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

24 funding for such activity. 

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

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

3 ‘‘(A) any of the purposes described in para4 graph (1); 

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

6 high visibility enforcement efforts; 

7 ‘‘(C) hiring a full-time impaired driving co8 ordinator of the State’s activities to address the 

9 enforcement and adjudication of laws regarding 

10 driving while impaired by alcohol; 

11 ‘‘(D) court support of high visibility en12 forcement efforts; 

13 ‘‘(E) alcohol ignition interlock programs; 

14 ‘‘(F) improving blood-alcohol concentration 

15 testing and reporting; 

16 ‘‘(G) establishing driving while intoxicated 

17 courts; 

18 ‘‘(H) conducting— 

19 ‘‘(i) standardized field sobriety train20 ing; 

21 ‘‘(ii) advanced roadside impaired driv22 ing evaluation training; and 

23 ‘‘(iii) drug recognition expert training 

24 for law enforcement; 

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1 ‘‘(I) training and education of criminal jus2 tice professionals (including law enforcement, 

3 prosecutors, judges and probation officers) to as4 sist such professionals in handling impaired 

5 driving cases; 

6 ‘‘(J) traffic safety resource prosecutors; 

7 ‘‘(K) judicial outreach liaisons; 

8 ‘‘(L) equipment and related expenditures 

9 used in connection with impaired driving en10 forcement in accordance with criteria established 

11 by the National Highway Traffic Safety Admin12 istration; 

13 ‘‘(M) training on the use of alcohol screen14 ing and brief intervention; 

15 ‘‘(N) developing impaired driving informa16 tion systems; and 

17 ‘‘(O) costs associated with a ‘24-7 sobriety 

18 program’. 

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

20 use grant funds for any expenditure designed to re21 duce impaired driving based on problem identifica22 tion. Medium and high-range States may use funds 

23 for such expenditures upon approval by the Secretary. 

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

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

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1 a fiscal year shall be in proportion to the State’s apportion2 ment under section 402(c) for fiscal year 2009. 

3 ‘‘(f) GRANTS TO STATES THAT ADOPT AND ENFORCE

4 MANDATORY ALCOHOL-IGNITION INTERLOCK LAWS.— 

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

6 separate grant under this section to each State that 

7 adopts and is enforcing a mandatory alcohol-ignition 

8 interlock law for all individuals convicted of driving 

9 under the influence of alcohol or of driving while in10 toxicated. 

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

12 by recipient States only for costs associated with the 

13 State’s alcohol-ignition interlock program, including 

14 screening, assessment, and program and offender over15 sight. 

16 ‘‘(3) ALLOCATION.—Funds made available under 

17 this subsection shall be allocated among States de18 scribed in paragraph (1) on the basis of the appor19 tionment formula under section 402(c). 

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

21 amounts made available to carry out this section in 

22 a fiscal year shall be made available by the Secretary 

23 for making grants under this subsection. 

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

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1 ‘‘(1) 24-7 SOBRIETY PROGRAM.—The term ‘24-7 

2 sobriety program’ means a State law or program that 

3 authorizes a State court or a State agency, as a con4 dition of sentence, probation, parole, or work permit, 

5 to— 

6 ‘‘(A) require an individual who plead guilty 

7 or was convicted of driving under the influence 

8 of alcohol or drugs to totally abstain from alco9 hol or drugs for a period of time; and 

10 ‘‘(B) require the individual to be subject to 

11 testing for alcohol or drugs— 

12 ‘‘(i) at least twice a day; 

13 ‘‘(ii) by continuous transdermal alco14 hol monitoring via an electronic monitoring 

15 device; or 

16 ‘‘(iii) by an alternate method with the 

17 concurrence of the Secretary. 

18 ‘‘(2) AVERAGE IMPAIRED DRIVING FATALITY

19 RATE.—The term ‘average impaired driving fatality 

20 rate’ means the number of fatalities in motor vehicle 

21 crashes involving a driver with a blood alcohol con22 centration of at least 0.08 for every 100,000,000 vehi23 cle miles traveled, based on the most recently reported 

24 3 calendar years of final data from the Fatality 

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1 ance with regulations prescribed by the Administrator 

2 of the National Highway Traffic Safety Administra3 tion. 

4 ‘‘(3) HIGH-RANGE STATE.—The term ‘high-range 

5 State’ means a State that has an average impaired 

6 driving fatality rate of 0.60 or higher. 

7 ‘‘(4) LOW-RANGE STATE.—The term ‘low-range 

8 State’ means a State that has an average impaired 

9 driving fatality rate of 0.30 or lower. 

10 ‘‘(5) MID-RANGE STATE.—The term ‘mid-range 

11 State’ means a State that has an average impaired 

12 driving fatality rate that is higher than 0.30 and 

13 lower than 0.60.’’. 

14 (b) CONFORMING AMENDMENT.—The analysis for 

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

16 striking the item relating to section 410 and inserting the 

17 following: 

‘‘410. Impaired driving countermeasures.’’. 

18 SEC. 108. DISTRACTED DRIVING GRANTS. 

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

20 States Code, is amended to read as follows: 

21 ‘‘§ 411. Distracted driving grants 

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

23 under this section to any State that enacts and enforces a 

24 statute that meets the requirements set forth in subsections 

25 (b) and (c). 

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1 ‘‘(b) PROHIBITION ON TEXTING WHILE DRIVING.—A 

2 State statute meets the requirements set forth in this sub3 section if the statute— 

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

5 personal wireless communications device while driv6 ing; 

7 ‘‘(2) makes violation of the statute a primary of8 fense; 

9 ‘‘(3) establishes— 

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

11 of the statute; and 

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

13 and 

14 ‘‘(4) provides increased civil and criminal pen15 alties than would otherwise apply if a vehicle acci16 dent is caused by a driver who is using such a device 

17 in violation of the statute. 

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

19 WHILE DRIVING.—A State statute meets the requirements 

20 set forth in this subsection if the statute— 

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

22 years of age from using a personal wireless commu23 nications device while driving; 

24 ‘‘(2) makes violation of the statute a primary of25 fense; 

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1 ‘‘(3) requires distracted driving issues to be test2 ed as part of the State driver’s license examination; 

3 ‘‘(4) establishes— 

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

5 of the statute; and 

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

7 and 

8 ‘‘(5) provides increased civil and criminal pen9 alties than would otherwise apply if a vehicle acci10 dent is caused by a driver who is using such a device 

11 in violation of the statute. 

12 ‘‘(d) PERMITTED EXCEPTIONS.—A statute that meets 

13 the requirements set forth in subsections (b) and (c) may 

14 provide exceptions for— 

15 ‘‘(1) a driver who uses a personal wireless com16 munications device to contact emergency services; 

17 ‘‘(2) emergency services personnel who use a per18 sonal wireless communications device while— 

19 ‘‘(A) operating an emergency services vehi20 cle; and 

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

22 duties as emergency services personnel; and 

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

24 motor vehicle driver or a school bus driver who uses 

25 a personal wireless communications device within the 

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

2 permitted under the regulations promulgated pursu3 ant to section 31152 of title 49. 

4 ‘‘(e) USE OF GRANT FUNDS.—Of the grant funds re5 ceived by a State under this section— 

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

7 ‘‘(A) to educate the public through adver8 tising containing information about the dangers 

9 of texting or using a cell phone while driving; 

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

11 about the distracted driving law of the State; or 

12 ‘‘(C) for law enforcement costs related to the 

13 enforcement of the distracted driving law; and 

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

15 projects that— 

16 ‘‘(A) improve traffic safety; and 

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

18 forth in section 402(a). 

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

20 Secretary may use up to 25 percent of the funding available 

21 for grants under this section to award grants to States 

22 that— 

23 ‘‘(1) enacted statutes before July 1, 2011, which 

24 meet the requirements under paragraphs (1) and (2) 

25 of subsection (b); and 

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

2 this section. 

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

4 ‘‘(1) DRIVING.—The term ‘driving’— 

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

6 public road, including operation while tempo7 rarily stationary because of traffic, a traffic light 

8 or stop sign, or otherwise; and 

9 ‘‘(B) does not include operating a motor ve10 hicle when the vehicle has pulled over to the side 

11 of, or off, an active roadway and has stopped in 

12 a location where it can safely remain stationary. 

13 ‘‘(2) PERSONAL WIRELESS COMMUNICATIONS DE14 VICE.—The term ‘personal wireless communications 

15 device’— 

16 ‘‘(A) means a device through which personal 

17 wireless services (as defined in section 

18 332(c)(7)(C)(i) of the Communications Act of 

19 1934 (47 U.S.C. 332(c)(7)(C)(i))) are trans20 mitted; and 

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

22 satellite system receiver used for positioning, 

23 emergency notification, or navigation purposes. 

24 ‘‘(3) PRIMARY OFFENSE.—The term ‘primary of25 fense’ means an offense for which a law enforcement 

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1 officer may stop a vehicle solely for the purpose of 

2 issuing a citation in the absence of evidence of an3 other offense. 

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

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

6 ‘‘(5) TEXTING.—The term ‘texting’ means read7 ing from or manually entering data into a personal 

8 wireless communications device, including doing so 

9 for the purpose of SMS texting, e-mailing, instant 

10 messaging, or engaging in any other form of elec11 tronic data retrieval or electronic data communica12 tion.’’. 

13 (b) CONFORMING AMENDMENT.—The analysis for 

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

15 striking the item relating to section 411 and inserting the 

16 following: 

‘‘411. Distracted driving grants.’’. 

17 SEC. 109. HIGH VISIBILITY ENFORCEMENT PROGRAM. 

18 Section 2009 of SAFETEA–LU (23 U.S.C. 402 note) 

19 is amended— 

20 (1) in subsection (a)— 

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

22 ‘‘at least 3’’; and 

23 (B) by striking ‘‘years 2006 through 2012.’’ 

24 and inserting ‘‘fiscal years 2012 and 2013. The 

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1 ditional campaigns in each of fiscal years 2012 

2 and 2013 for the purposes specified in subsection 

3 (b).’’; 

4 (2) in subsection (b) by striking ‘‘either or both’’ 

5 and inserting ‘‘outcomes related to at least 1’’; 

6 (3) in subsection (c), by inserting ‘‘and Internet7 based outreach’’ after ‘‘print media advertising’’; 

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

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

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

11 (6) by redesignating subsection (g) as subsection 

12 (f). 

13 SEC. 110. MOTORCYCLIST SAFETY. 

14 Section 2010 of SAFETEA–LU (23 U.S.C. 402 note) 

15 is amended— 

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

17 (2) by redesignating subsections (c), (d), (e), and 

18 (f) as subsections (b), (c), (d), and (e), respectively; 

19 and 

20 (3) in subsection (c)(1), as redesignated, by strik21 ing ‘‘to the satisfaction of the Secretary—’’ and all 

22 that follows and inserting ‘‘, to the satisfaction of the 

23 Secretary, at least 2 of the 6 criteria listed in para24 graph (2).’’. 

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1 SEC. 111. DRIVER ALCOHOL DETECTION SYSTEM FOR SAFE2 TY RESEARCH. 

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

4 Code, is amended by adding at the end the following: 

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

6 ‘‘(a) IN GENERAL.—The Administrator of the National 

7 Highway Traffic Safety Administration shall carry out a 

8 collaborative research effort under chapter 301 of title 49, 

9 United States Code, to continue to explore the feasibility 

10 and the potential benefits of, and the public policy chal11 lenges associated with, more widespread deployment of in12 vehicle technology to prevent alcohol-impaired driving. 

13 ‘‘(b) REPORTS.—The Administrator shall submit a re14 port annually to the Senate Committee on Commerce, 

15 Science, and Transportation and the House of Representa16 tives Committee on Transportation and Infrastructure— 

17 ‘‘(1) describing progress in carrying out the col18 laborative research effort; and 

19 ‘‘(2) including an accounting for the use of Fed20 eral funds obligated or expended in carrying out that 

21 effort. 

22 ‘‘(c) DEFINITIONS.—In this title: 

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

24 ‘alcohol-impaired driving’ means operation of a 

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

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

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

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

4 means a blood alcohol concentration of 0.08 percent or 

5 greater (as specified by chapter 163 of title 23, United 

6 States Code) or such other percentage limitation as 

7 may be established by applicable Federal, State, or 

8 local law.’’. 

9 (b) CLERICAL AMENDMENT.—The analysis for chapter 

10 4 of title 23, United States Code, is amended by inserting 

11 after the item relating to section 412 the following: 

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

12 SEC. 112. STATE GRADUATED DRIVER LICENSING LAWS. 

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

14 Code, as amended by this Act, is further amended by adding 

15 at the end the following: 

16 ‘‘§ 414. State Graduated Driver Licensing Incentive 

17 Grant 

18 ‘‘(a) GRANTS AUTHORIZED.—Subject to the require19 ments of this section, the Secretary shall award grants to 

20 States that adopt and implement graduated driver licensing 

21 laws in accordance with the requirements set forth in sub22 section (b). 

23 ‘‘(b) MINIMUM REQUIREMENTS.— 

24 ‘‘(1) IN GENERAL.—A State meets the require25 ments set forth in this subsection if the State has a 

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1 graduated driver licensing law that requires novice 

2 drivers younger than 21 years of age to comply with 

3 the 2-stage licensing process described in paragraph 

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

5 ‘‘(2) LICENSING PROCESS.—A State is in com6 pliance with the 2-stage licensing process described in 

7 this paragraph if the State’s driver’s license laws in8 clude— 

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

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

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

12 cellular telephone or any communications 

13 device in a nonemergency situation; and 

14 ‘‘(iii) remains in effect until the driv15 er— 

16 ‘‘(I) reaches 16 years of age and 

17 enters the intermediate stage; or 

18 ‘‘(II) reaches 18 years of age; 

19 ‘‘(B) an intermediate stage that— 

20 ‘‘(i) commences immediately after the 

21 expiration of the learner’s permit stage; 

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

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

24 cellular telephone or any communications 

25 device in a nonemergency situation; 

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1 ‘‘(iv) restricts driving at night; 

2 ‘‘(v) prohibits the driver from oper3 ating a motor vehicle with more than 1 

4 nonfamilial passenger younger than 21 

5 years of age unless a licensed driver who is 

6 at least 21 years of age is in the motor vehi7 cle; and 

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

9 reaches 18 years of age; and 

10 ‘‘(C) any other requirement prescribed by 

11 the Secretary of Transportation, including— 

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

13 ‘‘(I) at least 40 hours of behind14 the-wheel training with a licensed 

15 driver who is at least 21 years of age; 

16 ‘‘(II) a driver training course; 

17 and 

18 ‘‘(III) a requirement that the 

19 driver be accompanied and supervised 

20 by a licensed driver, who is at least 21 

21 years of age, at all times while such 

22 driver is operating a motor vehicle; 

23 and 

24 ‘‘(ii) in the learner’s permit or inter25 mediate stage, a requirement, in addition to 

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1 any other penalties imposed by State law, 

2 that the grant of an unrestricted driver’s li3 cense be automatically delayed for any indi4 vidual who, during the learner’s permit or 

5 intermediate stage, is convicted of a driv6 ing-related offense, including— 

7 ‘‘(I) driving while intoxicated; 

8 ‘‘(II) misrepresentation of his or 

9 her true age; 

10 ‘‘(III) reckless driving; 

11 ‘‘(IV) driving without wearing a 

12 seat belt; 

13 ‘‘(V) speeding; or 

14 ‘‘(VI) any other driving-related of15 fense, as determined by the Secretary. 

16 ‘‘(c) RULEMAKING.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall promul18 gate regulations necessary to implement the require19 ments under subsection (b), in accordance with the 

20 notice and comment provisions under section 553 of 

21 title 5, United States Code. 

22 ‘‘(2) EXCEPTION.—A State that otherwise meets 

23 the minimum requirements set forth in subsection (b) 

24 shall be deemed by the Secretary to be in compliance 

25 with the requirement set forth in subsection (b) if the 

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1 State enacted a law before January 1, 2011, estab2 lishing a class of license that permits licensees or ap3 plicants younger than 18 years of age to drive a 

4 motor vehicle— 

5 ‘‘(A) in connection with work performed on, 

6 or for the operation of, a farm owned by family 

7 members who are directly related to the appli8 cant or licensee; or 

9 ‘‘(B) if demonstrable hardship would result 

10 from the denial of a license to the licensees or ap11 plicants. 

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

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

14 to a State’s apportionment under section 402 for such fiscal 

15 year. 

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

17 under this section may be used for— 

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

19 complies with subsection (b)(2); 

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

21 other relevant State agency personnel relating to the 

22 enforcement described in paragraph (1); 

23 ‘‘(3) publishing relevant educational materials 

24 that pertain directly or indirectly to the State grad25 uated driver licensing law; 

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1 ‘‘(4) carrying out other administrative activities 

2 that the Secretary considers relevant to the State’s 2- 

3 stage licensing process; and 

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

5 described in section 402(m).’’. 

6 SEC. 113. AGENCY ACCOUNTABILITY. 

7 Section 412 of title 23, United States Code, is amend8 ed— 

9 (1) by amending subsection (a) to read as fol10 lows: 

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

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

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

14 of each State highway safety program at least once 

15 every 3 years. 

16 ‘‘(2) EXCEPTIONS.—The Secretary may conduct 

17 reviews of the highway safety programs of the United 

18 States Virgin Islands, Guam, American Samoa, and 

19 the Commonwealth of the Northern Mariana Islands 

20 as often as the Secretary determines to be appro21 priate. 

22 ‘‘(3) COMPONENTS.—Reviews under this sub23 section shall include— 

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

25 programs funded under this chapter; 

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1 ‘‘(B) an assessment of State data collection 

2 and evaluation relating to performance measures 

3 established by the Secretary; 

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

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

6 programs that have been evaluated for effective7 ness; and 

8 ‘‘(D) the development of recommendations 

9 on how each State could— 

10 ‘‘(i) improve the management and 

11 oversight of its grant activities; and 

12 ‘‘(ii) provide a management and over13 sight plan for such grant programs.’’; and 

14 (2) by striking subsection (f). 

15 SEC. 114. EMERGENCY MEDICAL SERVICES. 

16 Section 10202 of Public Law 109–59 (42 U.S.C. 300d– 

17 4), is amended by adding at the end the following: 

18 ‘‘(b) NATIONAL EMERGENCY MEDICAL SERVICES ADVI19 SORY COUNCIL.— 

20 ‘‘(1) ESTABLISHMENT.—The Secretary of Trans21 portation, in coordination with the Secretary of 

22 Health and Human Services and the Secretary of 

23 Homeland Security, shall establish a National Emer24 gency Medical Services Advisory Council (referred to 

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

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1 ‘‘(2) MEMBERSHIP.—The Advisory Council shall 

2 be composed of 25 members, who— 

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

4 Transportation; and 

5 ‘‘(B) shall collectively be representative of 

6 all sectors of the emergency medical services com7 munity. 

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

9 Council are to advise and consult with— 

10 ‘‘(A) the Federal Interagency Committee on 

11 Emergency Medical Services on matters relating 

12 to emergency medical services issues; and 

13 ‘‘(B) the Secretary of Transportation on 

14 matters relating to emergency medical services 

15 issues affecting the Department of Transpor16 tation. 

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

18 the National Highway Traffic Safety Administration 

19 shall provide administrative support to the Advisory 

20 Council, including scheduling meetings, setting agen21 das, keeping minutes and records, and producing re22 ports. 

23 ‘‘(5) LEADERSHIP.—The members of the Advi24 sory Council shall annually select a chairperson of the 

25 Council. 

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

2 meet as frequently as is determined necessary by the 

3 chairperson of the Council. 

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

5 shall prepare an annual report to the Secretary of 

6 Transportation regarding the Council’s actions and 

7 recommendations.’’. 

8 TITLE II—ENHANCED SAFETY 

9 AUTHORITIES 

10 SEC. 201. DEFINITION OF MOTOR VEHICLE EQUIPMENT. 

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

12 is amended to read as follows: 

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

14 including a motorcycle helmet and excluding 

15 medicine or eyeglasses prescribed by a licensed 

16 practitioner, that— 

17 ‘‘(i) is not a system, part, or compo18 nent of a motor vehicle; and 

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

20 or offered to be sold for use on public streets, 

21 roads, and highways with the apparent 

22 purpose of safeguarding motor vehicles and 

23 highway users against risk of accident, in24 jury, 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 this 

11 chapter may not require a manufacturer to comply with 

12 the standard by using a safety belt interlock designed to 

13 prevent starting or operating a motor vehicle if an occupant 

14 is not using a safety belt.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis for 

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

17 striking the item relating to section 30124 and inserting 

18 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 section, 

11 the Secretary of Transportation shall consider the nature, 

12 circumstances, extent, and gravity of the violation. Such de13 termination shall include, as appropriate— 

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

15 ‘‘(2) knowledge by the person charged of its obli16 gation 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 or 

21 noncompliance; 

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

23 ‘‘(7) actions taken by the person charged to iden24 tify, investigate, or mitigate the condition; 

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1 ‘‘(8) the appropriateness of such penalty in rela2 tion to the size of the business of the person charged, 

3 including the potential for undue adverse economic 

4 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 year 

10 after the date of the enactment of this Act, the Secretary 

11 shall issue a final rule, in accordance with the procedures 

12 of section 553 of title 5, United States Code, which provides 

13 an interpretation of the penalty factors described in section 

14 30165(c) of title 49, United States Code. 

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

16 construed as preventing the imposition of penalties under 

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

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

19 SEC. 204. MOTOR VEHICLE SAFETY RESEARCH AND DEVEL20 OPMENT. 

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

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

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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 of 

6 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, devel11 opment, and testing programs and activities, includ12 ing new and emerging technologies that impact or 

13 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 or 

17 motor vehicle equipment performance characteristics 

18 and— 

19 ‘‘(A) accidents involving motor vehicles; and 

20 ‘‘(B) deaths or personal injuries resulting 

21 from those accidents; 

22 ‘‘(3) promote, support, and advance the edu23 cation and training of motor vehicle safety staff of the 

24 National Highway Traffic Safety Administration, in25 cluding using program funds for— 

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

2 and presenting results of program activities; and 

3 ‘‘(B) travel and related expenses; 

4 ‘‘(4) obtain experimental and other motor vehi5 cles and motor vehicle equipment for research or test6 ing; 

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

8 vehicle equipment suitable for continued use, as deter9 mined by the Secretary to assist in carrying out this 

10 chapter or any other chapter of this title; or 

11 ‘‘(B) sell or otherwise dispose of test motor vehi12 cles and motor vehicle equipment and use the result13 ing proceeds to carry out this chapter; 

14 ‘‘(6) award grants to States and local govern15 ments, interstate authorities, and nonprofit institu16 tions; and 

17 ‘‘(7) enter into cooperative agreements, collabo18 rative research, or contracts with Federal agencies, 

19 interstate authorities, State and local governments, 

20 other public entities, private organizations and per21 sons, nonprofit institutions, colleges and universities, 

22 consumer advocacy groups, corporations, partner23 ships, sole proprietorships, trade associations, Federal 

24 laboratories (including government-owned, govern25 ment-operated laboratories and government-owned, 

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1 contractor-operated laboratories), and foreign govern2 ments and research organizations. 

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

4 subchapter, the Secretary shall avoid duplication by using 

5 the services, research, and testing facilities of public agen6 cies, as appropriate. 

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

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

9 conduct research, development, and testing in traffic safety, 

10 highway safety, and motor vehicle safety. 

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

12 DEVELOPMENTS.—When the United States Government 

13 makes more than a minimal contribution to a research or 

14 development activity under this chapter, the Secretary shall 

15 include in the arrangement for the activity a provision to 

16 ensure that all information, patents, and developments re17 lated to the activity are available to the public without 

18 charge. The owner of a background patent may not be de19 prived of a right under the patent. 

20 ‘‘§ 30183. Prohibition on certain disclosures. 

21 ‘‘Any report of the National Highway Traffic Safety 

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

23 of the National Highway Traffic Safety Administration, re24 lating to any highway traffic accident or the investigation 

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1 tion 403 of title 23, shall be made available to the public 

2 in a manner that does not identify individuals.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) AMENDMENT OF CHAPTER ANALYSIS.—The 

5 chapter analysis for chapter 301 of title 49, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT

‘‘30181. Policy. 

‘‘30182. Powers and duties. 

‘‘30183. Prohibition on certain disclosures.’’. 

8 (2) DELETION OF REDUNDANT MATERIAL.— 

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

10 amended— 

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

12 item relating to section 30168; and 

13 (B) by striking section 30168. 

14 SEC. 205. ODOMETER REQUIREMENTS DEFINITION. 

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

16 amended by inserting ‘‘or system of components’’ after ‘‘in17 strument’’. 

18 SEC. 206. ELECTRONIC DISCLOSURES OF ODOMETER IN19 FORMATION. 

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

21 amended by adding at the end the following: 

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

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1 mitting any written disclosures or notices and related mat2 ters to be provided electronically.’’. 

3 SEC. 207. INCREASED PENALTIES AND DAMAGES FOR 

4 ODOMETER FRAUD. 

5 Chapter 327 of title 49, United States Code, is amend6 ed— 

7 (1) in section 32709(a)(1)— 

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

9 ‘‘$10,000’’; and 

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

11 ‘‘$1,000,000’’; and 

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

13 and inserting ‘‘$10,000’’. 

14 SEC. 208. EXTEND PROHIBITIONS ON IMPORTING NON15 COMPLIANT VEHICLES AND EQUIPMENT TO 

16 DEFECTIVE VEHICLES AND EQUIPMENT. 

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

18 amended— 

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

20 following: 

21 ‘‘(3) Except as provided in this section, section 30114, 

22 subsections (i) and (j) of section 30120, and subchapter III, 

23 a person may not sell, offer for sale, introduce or deliver 

24 for introduction in interstate commerce, or import into the 

25 United States any motor vehicle or motor vehicle equipment 

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1 if the vehicle or equipment contains a defect related to 

2 motor vehicle safety about which notice was given under 

3 section 30118(c) or an order was issued under section 

4 30118(b). Nothing in this paragraph may be construed to 

5 prohibit the importation of a new motor vehicle that re6 ceives a required recall remedy before being sold to a con7 sumer in the United States.’’; and 

8 (2) in subsection (b)(2)— 

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

10 at the end; 

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

12 at the end; and 

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

14 ‘‘(C) having no reason to know, despite ex15 ercising reasonable care, that a motor vehicle or 

16 motor vehicle equipment contains a defect related 

17 to motor vehicle safety about which notice was 

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

19 issued under section 30118(b);’’. 

20 SEC. 209. FINANCIAL RESPONSIBILITY REQUIREMENTS FOR 

21 IMPORTERS. 

22 Chapter 301 of title 49, United States Code, is amend23 ed— 

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

25 relating to subchapter III and inserting the following: 

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

1 (2) in the heading for subchapter III, by striking 

2 ‘‘NONCOMPLYING’’; and 

3 (3) in section 30147, by amending subsection (b) 

4 to read as follows: 

5 ‘‘(b) FINANCIAL RESPONSIBILITY REQUIREMENT.— 

6 ‘‘(1) RULEMAKING.—The Secretary of Transpor7 tation may issue regulations requiring each person 

8 that imports a motor vehicle or motor vehicle equip9 ment into the customs territory of the United States, 

10 including a registered importer (or any successor in 

11 interest), provide and maintain evidence, satisfactory 

12 to the Secretary, of sufficient financial responsibility 

13 to meet its obligations under section 30117(b), sec14 tions 30118 through 30121, and section 30166(f). 

15 ‘‘(2) REFUSAL OF ADMISSION.—If the Secretary 

16 of Transportation believes that a person described in 

17 paragraph (1) has not provided and maintained evi18 dence of sufficient financial responsibility to meet the 

19 obligations referred to in paragraph (1), the Secretary 

20 of Homeland Security may refuse the admission into 

21 the customs territory of the United States of any 

22 motor vehicle or motor vehicle equipment imported by 

23 the person. 

24 ‘‘(3) EXCEPTION.—This subsection shall not 

25 apply to original manufacturers (or wholly owned 

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1 subsidiaries) of motor vehicles that, prior to the date 

2 of enactment of the Motor Vehicle and Highway Safe3 ty Improvement Act of 2011— 

4 ‘‘(A) have imported motor vehicles into the 

5 United States that are certified to comply with 

6 all applicable Federal motor vehicle safety stand7 ards; 

8 ‘‘(B) have submitted to the Secretary appro9 priate manufacturer identification information 

10 under part 566 of title 49, Code of Federal Regu11 lations; and 

12 ‘‘(C) if applicable, have identified a current 

13 agent for service of process in accordance with 

14 part 551 of title 49, Code of Federal Regula15 tions.’’. 

16 SEC. 210. CONDITIONS ON IMPORTATION OF VEHICLES AND 

17 EQUIPMENT. 

18 Chapter 301 of title 49, United States Code, is amend19 ed— 

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

21 relating to section 30164 and inserting the following: 

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

22 and 

23 (2) in section 30164— 

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

2 CONDITIONS ON IMPORTATION OF VEHI3 CLES AND EQUIPMENT’’ at the end; and 

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

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

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

7 vehicle equipment for import shall provide such information 

8 as the Secretary may, by rule, request including— 

9 ‘‘(1) the product by name and the manufactur10 er’s address; and 

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

12 manufacturer directly supplied motor vehicles or 

13 motor vehicle equipment over which the Secretary has 

14 jurisdiction under this chapter. 

15 ‘‘(d) RULEMAKING.—The Secretary may issue regula16 tions that— 

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

18 motor vehicle equipment on the manufacturer’s com19 pliance with— 

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

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

22 requirements; or 

23 ‘‘(C) any other requirements under this 

24 chapter or rules issued with respect to such re25 quirements; 

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1 ‘‘(2) provide an opportunity for the manufac2 turer to present information before the Secretary’s de3 termination as to whether the manufacturer’s imports 

4 should be restricted; and 

5 ‘‘(3) establish a process by which a manufacturer 

6 may petition for reinstatement of its ability to import 

7 motor vehicles or motor vehicle equipment. 

8 ‘‘(e) EXCEPTION.—The requirements of subsections (c) 

9 and (d) shall not apply to original manufacturers (or whol10 ly owned subsidiaries) of motor vehicles that, prior to the 

11 date of enactment of the Motor Vehicle and Highway Safety 

12 Improvement Act of 2011— 

13 ‘‘(1) have imported motor vehicles into the 

14 United States that are certified to comply with all 

15 applicable Federal motor vehicle safety standards, 

16 ‘‘(2) have submitted to the Secretary appropriate 

17 manufacturer identification information under part 

18 566 of title 49, Code of Federal Regulations; and 

19 ‘‘(3) if applicable, have identified a current 

20 agent for service of process in accordance with part 

21 551 of title 49, Code of Federal Regulations.’’. 

22 SEC. 211. PORT INSPECTIONS; SAMPLES FOR EXAMINATION 

23 OR TESTING. 

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

25 amended— 

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

2 end; 

3 (2) in paragraph (3)— 

4 (A) in subparagraph (A), by inserting ‘‘(in5 cluding at United States ports of entry)’’ after 

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

7 and 

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

9 period at the end and inserting a semicolon; and 

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

11 ‘‘(4) shall obtain from the Secretary of Home12 land Security without charge, upon the request of the 

13 Secretary of Transportation, a reasonable number of 

14 samples of motor vehicle equipment being offered for 

15 import to determine compliance with this chapter or 

16 a regulation or order issued under this chapter; and 

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

18 Security to refuse admission of the motor vehicle 

19 equipment into the customs territory of the United 

20 States if the Secretary of Transportation determines, 

21 after examination of the samples obtained under 

22 paragraph (4), that such refusal is warranted due to 

23 noncompliance with— 

24 ‘‘(A) this chapter; 

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1 ‘‘(B) a regulation prescribed under this 

2 chapter; or 

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

4 TITLE III—TRANSPARENCY AND 

5 ACCOUNTABILITY 

6 SEC. 301. IMPROVED NATIONAL HIGHWAY TRAFFIC SAFETY 

7 ADMINISTRATION VEHICLE SAFETY DATA8 BASE. 

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

10 date of enactment of this Act, the Secretary shall improve 

11 public accessibility to information on the National High12 way Traffic Safety Administration’s publicly accessible ve13 hicle safety databases by— 

14 (1) improving organization and functionality, 

15 including modern web design features, and allowing 

16 for data to be searched, aggregated, and downloaded; 

17 (2) providing greater consistency in presentation 

18 of vehicle safety issues; and 

19 (3) improving searchability about specific vehi20 cles and issues through standardization of commonly 

21 used search terms. 

22 (b) VEHICLE RECALL INFORMATION.— 

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

24 the date of enactment of this Act, the Secretary shall 

25 require that motor vehicle safety recall information— 

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1 (A) is available to the public on the Inter2 net; 

3 (B) is searchable by vehicle make and model 

4 and vehicle identification number; 

5 (C) is in a format that preserves consumer 

6 privacy; and 

7 (D) includes information about each recall 

8 that has not been completed for each vehicle. 

9 (2) RULEMAKING.—The Secretary may initiate 

10 a rulemaking proceeding to require each manufac11 turer to provide the information described in para12 graph (1), with respect to that manufacturer’s motor 

13 vehicles, at no cost on a publicly accessible Internet 

14 website. 

15 (3) DATABASE AWARENESS PROMOTION ACTIVI16 TIES.—The Secretary, in consultation with the heads 

17 of other relevant agencies, shall promote consumer 

18 awareness of the information made available to the 

19 public pursuant to this subsection. 

20 SEC. 302. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS21 TRATION HOTLINE FOR MANUFACTURER, 

22 DEALER, AND MECHANIC PERSONNEL. 

23 The Secretary shall— 

24 (1) establish a means by which mechanics, pas25 senger motor vehicle dealership personnel, and pasmstockstill on DSK4VPTVN1PROD with BILLS

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1 senger motor vehicle manufacturer personnel may di2 rectly and confidentially contact the National High3 way Traffic Safety Administration to report potential 

4 passenger motor vehicle safety defects; and 

5 (2) publicize the means for contacting the Na6 tional Highway Traffic Safety Administration in a 

7 manner that targets mechanics, passenger motor vehi8 cle dealership personnel, and manufacturer personnel. 

9 SEC. 303. CONSUMER NOTICE OF SOFTWARE UPDATES AND 

10 OTHER COMMUNICATIONS WITH DEALERS. 

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

12 title 49, United States Code, is amended— 

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

14 Secretary of Transportation’’ and inserting the fol15 lowing: 

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

17 the Secretary of Transportation, and make available 

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

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

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

21 submitted to the Secretary and made available on a 

22 publicly accessible Internet website under this sub23 section shall include all notices to dealerships of soft24 ware upgrades and modifications recommended by a 

25 manufacturer for all previously sold vehicles. Notice is 

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1 required even if the software upgrade or modification 

2 is not related to a safety defect or noncompliance with 

3 a motor vehicle safety standard. The notice shall in4 clude a plain language description of the purpose of 

5 the update and that description shall be prominently 

6 placed at the beginning of the notice. 

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

8 submitted to the Secretary under this subsection shall 

9 be accompanied by an index to each communication, 

10 which— 

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

12 year of the affected vehicles; 

13 ‘‘(B) includes a concise summary of the sub14 ject 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 in paragraph (4), by amending subparagraph (C) 

21 to read as follows: 

22 ‘‘(C) DISCLOSURE.— 

23 ‘‘(i) IN GENERAL.—The information 

24 provided to the Secretary pursuant to this 

25 subsection shall be disclosed publicly unless 

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1 exempt from disclosure under section 552(b) 

2 of title 5. 

3 ‘‘(ii) PRESUMPTION.—In admin4 istering this subparagraph, the Secretary 

5 shall presume in favor of maximum public 

6 availability of information.’’. 

7 SEC. 305. CORPORATE RESPONSIBILITY FOR NATIONAL 

8 HIGHWAY TRAFFIC SAFETY ADMINISTRATION 

9 REPORTS. 

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

11 States Code, is amended by adding at the end the following: 

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

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

14 senior official responsible for safety in each company 

15 submitting information to the Secretary in response 

16 to a request for information in a safety defect or com17 pliance investigation under this chapter to certify 

18 that— 

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

20 submission; and 

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

22 submission does not— 

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

24 material fact; or 

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1 ‘‘(ii) omit to state a material fact nec2 essary in order to make the statements 

3 made not misleading, in light of the cir4 cumstances under which such statements 

5 were made. 

6 ‘‘(2) NOTICE.—The certification requirements of 

7 this section shall be clearly stated on any request for 

8 information under paragraph (1).’’. 

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

10 United States Code, is amended— 

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

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

13 a person’’; and 

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

15 ‘‘(4) FALSE, MISLEADING, OR INCOMPLETE RE16 PORTS.—A person who knowingly and willfully sub17 mits materially false, misleading, or incomplete infor18 mation to the Secretary, after certifying the same in19 formation as accurate and complete under the certifi20 cation process established pursuant to section 

21 30166(o), shall be subject to a civil penalty of not 

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

23 under this paragraph for a related series of daily vio24 lations 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 redesig8 nated, the following: 

9 ‘‘(1) ‘crash avoidance’ means preventing or miti10 gating a 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 INFORMA24 TION.— 

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

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1 hicle and Highway Safety Improvement Act of 2011, 

2 the Secretary shall prescribe regulations that require 

3 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-related 

9 motor vehicle defect complaint to the National 

10 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 Automobile 

16 Information Disclosure Act (15 U.S.C. 1232). 

17 ‘‘(2) APPLICATION.—The requirements under 

18 paragraph (1) shall apply to passenger motor vehicles 

19 manufactured in any model year beginning more 

20 than 1 year after the date on which a final rule is 

21 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 MANU10 FACTURERS, PART SUPPLIERS, AND DEALERSHIPS.—No 

11 motor vehicle manufacturer, part supplier, or dealership 

12 may discharge an employee or otherwise discriminate 

13 against an employee with respect to compensation, terms, 

14 conditions, or privileges of employment because the em15 ployee (or any person acting pursuant to a request of the 

16 employee)— 

17 ‘‘(1) provided, caused to be provided, or is about 

18 to provide (with any knowledge of the employer) or 

19 cause to be provided to the employer or the Secretary 

20 of Transportation information relating to any motor 

21 vehicle defect, noncompliance, or any violation or al22 leged violation of any notification or reporting re23 quirement 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 to 

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1 leged violation of any motor vehicle defect, noncompli2 ance, or any violation or alleged violation of any no3 tification or reporting requirement of this chapter; 

4 ‘‘(3) testified or is about to testify in such a pro5 ceeding; 

6 ‘‘(4) assisted or participated or is about to assist 

7 or participate in such a proceeding; or 

8 ‘‘(5) objected to, or refused to participate in, any 

9 activity that the employee reasonably believed to be in 

10 violation of any provision of any Act enforced by the 

11 Secretary of Transportation, or any order, rule, regu12 lation, standard, or ban under any such Act. 

13 ‘‘(b) COMPLAINT PROCEDURE.— 

14 ‘‘(1) FILING AND NOTIFICATION.—A person who 

15 believes that he or she has been discharged or other16 wise discriminated against by any person in viola17 tion of subsection (a) may, not later than 180 days 

18 after the date on which such violation occurs, file (or 

19 have any person file on his or her behalf) a complaint 

20 with the Secretary of Labor (hereinafter in this sec21 tion referred to as the ‘Secretary’) alleging such dis22 charge or discrimination. Upon receipt of such a com23 plaint, the Secretary shall notify, in writing, the per24 son named in the complaint of the filing of the com25 plaint, of the allegations contained in the complaint, 

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1 of the substance of evidence supporting the complaint, 

2 and of the opportunities that will be afforded to such 

3 person under paragraph (2). 

4 ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— 

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

6 after the date of receipt of a complaint filed 

7 under paragraph (1) and after affording the per8 son named in the complaint an opportunity to 

9 submit to the Secretary a written response to the 

10 complaint and an opportunity to meet with a 

11 representative of the Secretary to present state12 ments from witnesses, the Secretary shall conduct 

13 an investigation and determine whether there is 

14 reasonable cause to believe that the complaint 

15 has merit and notify, in writing, the complain16 ant and the person alleged to have committed a 

17 violation of subsection (a) of the Secretary’s find18 ings. If the Secretary concludes that there is a 

19 reasonable cause to believe that a violation of 

20 subsection (a) has occurred, the Secretary shall 

21 accompany the Secretary’s findings with a pre22 liminary order providing the relief prescribed by 

23 paragraph (3)(B). Not later than 30 days after 

24 the date of notification of findings under this 

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1 mitted the violation or the complainant may file 

2 objections to the findings or preliminary order, 

3 or both, and request a hearing on the record. The 

4 filing of such objections shall not operate to stay 

5 any reinstatement remedy contained in the pre6 liminary order. Such hearings shall be conducted 

7 expeditiously. If a hearing is not requested in 

8 such 30-day period, the preliminary order shall 

9 be deemed a final order that is not subject to ju10 dicial review. 

11 ‘‘(B) REQUIREMENTS.— 

12 ‘‘(i) REQUIRED SHOWING BY COM13 PLAINANT.—The Secretary shall dismiss a 

14 complaint filed under this subsection and 

15 shall not conduct an investigation otherwise 

16 required under subparagraph (A) unless the 

17 complainant makes a prima facie showing 

18 that any behavior described in paragraphs 

19 (1) through (5) of subsection (a) was a con20 tributing factor in the unfavorable per21 sonnel action alleged in the complaint. 

22 ‘‘(ii) SHOWING BY EMPLOYER.—Not23 withstanding a finding by the Secretary 

24 that the complainant has made the showing 

25 required under clause (i), no investigation 

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1 otherwise required under subparagraph (A) 

2 shall be conducted if the employer dem3 onstrates, by clear and convincing evidence, 

4 that the employer would have taken the 

5 same unfavorable personnel action in the 

6 absence of that behavior. 

7 ‘‘(iii) CRITERIA FOR DETERMINATION

8 BY SECRETARY.—The Secretary may deter9 mine that a violation of subsection (a) has 

10 occurred only if the complainant dem11 onstrates that any behavior described in 

12 paragraphs (1) through (5) of subsection (a) 

13 was a contributing factor in the unfavorable 

14 personnel action alleged in the complaint. 

15 ‘‘(iv) PROHIBITION.—Relief may not 

16 be ordered under subparagraph (A) if the 

17 employer demonstrates, by clear and con18 vincing evidence, that the employer would 

19 have taken the same unfavorable personnel 

20 action in the absence of that behavior. 

21 ‘‘(3) FINAL ORDER.— 

22 ‘‘(A) DEADLINE FOR ISSUANCE; SETTLE23 MENT AGREEMENTS.—Not later than 120 days 

24 after the date of conclusion of a hearing under 

25 paragraph (2), the Secretary shall issue a final 

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1 order providing the relief prescribed by this 

2 paragraph or denying the complaint. At any 

3 time before issuance of a final order, a pro4 ceeding under this subsection may be terminated 

5 on the basis of a settlement agreement entered 

6 into by the Secretary, the complainant, and the 

7 person alleged to have committed the violation. 

8 ‘‘(B) REMEDY.—If, in response to a com9 plaint filed under paragraph (1), the Secretary 

10 determines that a violation of subsection (a) has 

11 occurred, the Secretary shall order the person 

12 who committed such violation— 

13 ‘‘(i) to take affirmative action to abate 

14 the violation; 

15 ‘‘(ii) to reinstate the complainant to 

16 his or her former position together with the 

17 compensation (including back pay) and re18 store the terms, conditions, and privileges 

19 associated with his or her employment; and 

20 ‘‘(iii) to provide compensatory dam21 ages to the complainant. 

22 ‘‘(C) ATTORNEYS’ FEES.—If such an order 

23 is issued under this paragraph, the Secretary, at 

24 the request of the complainant, shall assess 

25 against the person against whom the order is 

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1 issued a sum equal to the aggregate amount of 

2 all costs and expenses (including attorneys’ and 

3 expert witness fees) reasonably incurred, as de4 termined by the Secretary, by the complainant 

5 for, or in connection with, bringing the com6 plaint upon which the order was issued. 

7 ‘‘(D) FRIVOLOUS COMPLAINTS.—If the Sec8 retary determines that a complaint under para9 graph (1) is frivolous or has been brought in bad 

10 faith, the Secretary may award to the prevailing 

11 employer a reasonable attorney’s fee not exceed12 ing $1,000. 

13 ‘‘(E) DE NOVO REVIEW.—With respect to a 

14 complaint under paragraph (1), if the Secretary 

15 of Labor has not issued a final decision within 

16 210 days after the filing of the complaint and if 

17 the delay is not due to the bad faith of the em18 ployee, the employee may bring an original ac19 tion at law or equity for de novo review in the 

20 appropriate district court of the United States, 

21 which shall have jurisdiction over such an action 

22 without regard to the amount in controversy, 

23 and which action shall, at the request of either 

24 party to the action, be tried by the court with a 

25 jury. The action shall be governed by the same 

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1 legal burdens of proof specified in paragraph 

2 (2)(B) for review by the Secretary of Labor. 

3 ‘‘(4) REVIEW.— 

4 ‘‘(A) APPEAL TO COURT OF APPEALS.—Any 

5 person adversely affected or aggrieved by an 

6 order issued under paragraph (3) may obtain re7 view of the order in the United States Court of 

8 Appeals for the circuit in which the violation, 

9 with respect to which the order was issued, alleg10 edly occurred or the circuit in which the com11 plainant resided on the date of such violation. 

12 The petition for review shall be filed not later 

13 than 60 days after the date of the issuance of the 

14 final order of the Secretary. Review shall con15 form to chapter 7 of title 5. The commencement 

16 of proceedings under this subparagraph shall 

17 not, unless ordered by the court, operate as a 

18 stay of the order. 

19 ‘‘(B) LIMITATION ON COLLATERAL AT20 TACK.—An order of the Secretary with respect to 

21 which review could have been obtained under 

22 subparagraph (A) shall not be subject to judicial 

23 review in any criminal or other civil proceeding. 

24 ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY.— 

25 Whenever any person fails to comply with an order 

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1 issued under paragraph (3), the Secretary may file a 

2 civil action in the United States district court for the 

3 district in which the violation was found to occur to 

4 enforce such order. In actions brought under this 

5 paragraph, the district courts shall have jurisdiction 

6 to grant all appropriate relief, including injunctive 

7 relief and compensatory damages. 

8 ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— 

9 ‘‘(A) COMMENCEMENT OF ACTION.—A per10 son on whose behalf an order was issued under 

11 paragraph (3) may commence a civil action 

12 against the person to whom such order was 

13 issued to require compliance with such order. 

14 The appropriate United States district court 

15 shall have jurisdiction, without regard to the 

16 amount in controversy or the citizenship of the 

17 parties, to enforce such order. 

18 ‘‘(B) ATTORNEY FEES.—The court, in 

19 issuing any final order under this paragraph, 

20 may award costs of litigation (including reason21 able attorney and expert witness fees) to any 

22 party whenever the court determines such award 

23 is appropriate. 

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1 ‘‘(c) MANDAMUS.—Any nondiscretionary duty im2 posed under this section shall be enforceable in a mandamus 

3 proceeding brought under section 1361 of title 28. 

4 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA5 TIONS.—Subsection (a) shall not apply with respect to an 

6 employee of a motor vehicle manufacturer, part supplier, 

7 or dealership who, acting without direction from such motor 

8 vehicle manufacturer, part supplier, or dealership (or such 

9 person’s agent), deliberately causes a violation of any re10 quirement relating to motor vehicle safety under this chap11 ter.’’. 

12 (b) CONFORMING AMENDMENT.—The table of sections 

13 for chapter 301 of title 49, United States Code, is amended 

14 by inserting after the item relating to section 30170 the fol15 lowing: 

‘‘30171. Protection of employees providing motor vehicle safety information.’’. 

16 SEC. 309. ANTI-REVOLVING DOOR. 

17 (a) AMENDMENT.—Subchapter I of chapter 301 of title 

18 49, United States Code, is amended by adding at the end 

19 the following: 

20 ‘‘§ 30107. Restriction on covered motor vehicle safety 

21 officials 

22 ‘‘(a) IN GENERAL.—During the 2-year period after the 

23 termination of his or her service or employment, a covered 

24 vehicle safety official may not knowingly make, with the 

25 intent to influence, any communication to or appearance 

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1 before any officer or employee of the National Highway 

2 Traffic Safety Administration on behalf of any manufac3 turer subject to regulation under this chapter in connection 

4 with any matter involving motor vehicle safety on which 

5 such person seeks official action by any officer or employee 

6 of the National Highway Traffic Safety Administration. 

7 ‘‘(b) MANUFACTURERS.—It is unlawful for any manu8 facturer or other person subject to regulation under this 

9 chapter to employ or contract for the services of an indi10 vidual to whom subsection (a) applies during the 2-year 

11 period commencing on the individual’s termination of em12 ployment with the National Highway Traffic Safety Ad13 ministration in a capacity in which the individual is pro14 hibited from serving during that period. 

15 ‘‘(c) SPECIAL RULE FOR DETAILEES.—For purposes 

16 of this section, a person who is detailed from 1 department, 

17 agency, or other entity to another department, agency, or 

18 other entity shall, during the period such person is detailed, 

19 be deemed to be an officer or employee of both departments, 

20 agencies, or such entities. 

21 ‘‘(d) SAVINGS PROVISION.—Nothing in this section 

22 may be construed to expand, contract, or otherwise affect 

23 the application of any waiver or criminal penalties under 

24 section 207 of title 18. 

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1 ‘‘(e) EXCEPTION FOR TESTIMONY.—Nothing in this 

2 section may be construed to prevent an individual from giv3 ing testimony under oath, or from making statements re4 quired to be made under penalty of perjury. 

5 ‘‘(f) DEFINED TERM.—In this section, the term ‘cov6 ered vehicle safety official’ means any officer or employee 

7 of the National Highway Traffic Safety Administration— 

8 ‘‘(1) who, during the final 12 months of his or 

9 her service or employment with the agency, serves or 

10 served in a technical or legal capacity, and whose job 

11 responsibilities include or included vehicle safety de12 fect investigation, vehicle safety compliance, vehicle 

13 safety rulemaking, or vehicle safety research; and 

14 ‘‘(2) who serves in a supervisory or management 

15 capacity over an officer or employee described in 

16 paragraph (1). 

17 ‘‘(g) EFFECTIVE DATE.—This section shall apply to 

18 covered vehicle safety officials who terminate service or em19 ployment with the National Highway Traffic Safety Ad20 ministration after the date of enactment of the Motor Vehi21 cle and Highway Safety Improvement Act of 2011.’’. 

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

23 United States Code, as amended by this title, is further 

24 amended by adding at the end the following: 

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1 ‘‘(5) IMPROPER INFLUENCE.—An individual who 

2 violates section 30107(a) is liable to the United States 

3 Government for a civil penalty, as determined under 

4 section 216(b) of title 18, for an offense under section 

5 207 of that title. A manufacturer or other person sub6 ject to regulation under this chapter who violates sec7 tion 30107(b) is liable to the United States Govern8 ment for a civil penalty equal to the sum of— 

9 ‘‘(A) an amount equal to not less than 

10 $100,000; and 

11 ‘‘(B) an amount equal to 90 percent of the 

12 annual compensation or fee paid or payable to 

13 the individual with respect to whom the viola14 tion occurred.’’. 

15 (c) STUDY OF DEPARTMENT OF TRANSPORTATION

16 POLICIES ON OFFICIAL COMMUNICATION WITH FORMER

17 MOTOR VEHICLE SAFETY ISSUE EMPLOYEES.—Not later 

18 than 1 year after the date of the enactment of this Act, the 

19 Inspector General of the Department of Transportation 

20 shall— 

21 (1) review the Department of Transportation’s 

22 policies and procedures applicable to official commu23 nication with former employees concerning motor ve24 hicle safety compliance matters for which they had re25 sponsibility during the last 12 months of their tenure 

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1 at the Department, including any limitations on the 

2 ability of such employees to submit comments, or oth3 erwise communicate directly with the Department, on 

4 motor vehicle safety issues; and 

5 (2) submit a report to the Committee on Com6 merce, Science, and Transportation of the Senate and 

7 the Committee on Energy and Commerce of the House 

8 of Representatives that contains the Inspector Gen9 eral’s findings, conclusions, and recommendations for 

10 strengthening those policies and procedures to mini11 mize the risk of undue influence without compro12 mising the ability of the Department to employ and 

13 retain highly qualified individuals for such respon14 sibilities. 

15 (d) POST-EMPLOYMENT POLICY STUDY.— 

16 (1) IN GENERAL.—The Inspector General of the 

17 Department of Transportation shall conduct a study 

18 of the Department’s policies relating to post-employ19 ment restrictions on employees who perform functions 

20 related to transportation safety. 

21 (2) REPORT.—Not later than 1 year after the 

22 date of enactment of this Act, the Inspector General 

23 shall submit a report containing the results of the 

24 study conducted under paragraph (1) to— 

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1 (A) the Committee on Commerce, Science, 

2 and Transportation of the Senate; 

3 (B) the Committee on Energy and Com4 merce of the House of Representatives; and 

5 (C) the Secretary of Transportation. 

6 (3) USE OF RESULTS.—The Secretary of Trans7 portation shall review the results of the study con8 ducted under paragraph (1) and take whatever action 

9 the Secretary determines to be appropriate. 

10 (e) CONFORMING AMENDMENT.—The table of contents 

11 for chapter 301 of title 49, United States Code, is amended 

12 by inserting after the item relating to section 30106 the fol13 lowing: 

‘‘30107. Restriction on covered motor vehicle safety officials.’’. 

14 SEC. 310. STUDY OF CRASH DATA COLLECTION. 

15 (a) IN GENERAL.—Not later than 1 year after the date 

16 of the enactment of this Act, the Secretary shall submit a 

17 report to the Committee on Commerce, Science, and Trans18 portation of the Senate the Committee on Energy and Com19 merce of the House of Representatives regarding the quality 

20 of data collected through the National Automotive Sampling 

21 System, including the Special Crash Investigations Pro22 gram. 

23 (b) REVIEW.—The Administrator of the National 

24 Highway Traffic Safety Administration (referred to in this 

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1 prehensive review of the data elements collected from each 

2 crash to determine if additional data should be collected. 

3 The review under this subsection shall include input from 

4 interested parties, including suppliers, automakers, safety 

5 advocates, the medical community, and research organiza6 tions. 

7 (c) CONTENTS.—The report issued under this section 

8 shall include— 

9 (1) the analysis and conclusions the Administra10 tion can reach from the amount of motor vehicle crash 

11 data collected in a given year; 

12 (2) the additional analysis and conclusions the 

13 Administration could reach if more crash investiga14 tions were conducted each year; 

15 (3) the number of investigations per year that 

16 would allow for optimal data analysis and crash in17 formation; 

18 (4) the results of the comprehensive review con19 ducted pursuant to subsection (b); 

20 (5) recommendations for improvements to the 

21 Administration’s data collection program; and 

22 (6) the resources needed by the Administration to 

23 implement such recommendations. 

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1 SEC. 311. UPDATE MEANS OF PROVIDING NOTIFICATION; 

2 IMPROVING EFFICACY OF RECALLS. 

3 (a) UPDATE OF MEANS OF PROVIDING NOTIFICA4 TION.—Section 30119(d) of title 49, United States Code, is 

5 amended— 

6 (1) by striking, in paragraph (1), ‘‘by first class 

7 mail’’ and inserting ‘‘in the manner prescribed by the 

8 Secretary, by regulation’’; 

9 (2) in paragraph (2)— 

10 (A) by striking ‘‘(except a tire) shall be sent 

11 by first class mail’’ and inserting ‘‘shall be sent 

12 in the manner prescribed by the Secretary, by 

13 regulation,’’; and 

14 (B) by striking the second sentence; 

15 (3) in paragraph (3)— 

16 (A) by striking the first sentence; 

17 (B) by inserting ‘‘to the notification re18 quired under paragraphs (1) and (2)’’ after ‘‘ad19 dition’’; and 

20 (C) by inserting ‘‘by the manufacturer’’ 

21 after ‘‘given’’; and 

22 (4) in paragraph (4), by striking ‘‘by certified 

23 mail or quicker means if available’’ and inserting ‘‘in 

24 the manner prescribed by the Secretary, by regula25 tion’’. 

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1 (b) IMPROVING EFFICACY OF RECALLS.—Section 

2 30119(e) of title 49, United States Code, is amended— 

3 (1) in the subsection heading, by striking ‘‘SEC4 OND’’ and inserting ‘‘ADDITIONAL’’; 

5 (2) by striking ‘‘If the Secretary’’ and inserting 

6 the following: 

7 ‘‘(1) SECOND NOTIFICATION.—If the Secretary’’; 

8 and 

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

10 ‘‘(2) ADDITIONAL NOTIFICATIONS.—If the Sec11 retary determines, after considering the severity of the 

12 defect or noncompliance, that the second notification 

13 by a manufacturer does not result in an adequate 

14 number of motor vehicles or items of replacement 

15 equipment being returned for remedy, the Secretary 

16 may order the manufacturer— 

17 ‘‘(A) to send additional notifications in the 

18 manner prescribed by the Secretary, by regula19 tion; 

20 ‘‘(B) to take additional steps to locate and 

21 notify each person registered under State law as 

22 the owner or lessee or the most recent purchaser 

23 or lessee, as appropriate; and 

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1 ‘‘(C) to emphasize the magnitude of the safe2 ty risk caused by the defect or noncompliance in 

3 such notification.’’. 

4 SEC. 312. EXPANDING CHOICES OF REMEDY AVAILABLE TO 

5 MANUFACTURERS OF REPLACEMENT EQUIP6 MENT. 

7 Section 30120 of title 49, United States Code, is 

8 amended— 

9 (1) in subsection (a)(1), by amending subpara10 graph (B) to read as follows: 

11 ‘‘(B) if replacement equipment, by repair12 ing the equipment, replacing the equipment with 

13 identical or reasonably equivalent equipment, or 

14 by refunding the purchase price.’’; 

15 (2) in the heading of subsection (i), by adding 

16 ‘‘OF NEW VEHICLES OR EQUIPMENT’’ at the end; and 

17 (3) in the heading of subsection (j), by striking 

18 ‘‘REPLACED’’ and inserting ‘‘REPLACEMENT’’. 

19 SEC. 313. RECALL OBLIGATIONS AND BANKRUPTCY OF MAN20 UFACTURER. 

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

22 States Code, is amended by inserting the following after sec23 tion 30120: 

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1 ‘‘§ 30120A. Recall obligations and bankruptcy of a 

2 manufacturer 

3 ‘‘A manufacturer’s filing of a petition in bankruptcy 

4 under chapter 11 of title 11, does not negate the manufac5 turer’s duty to comply with section 30112 or sections 30115 

6 through 30120 of this title. In any bankruptcy proceeding, 

7 the manufacturer’s obligations under such sections shall be 

8 treated as a claim of the United States Government against 

9 such manufacturer, subject to subchapter II of chapter 37 

10 of title 31, United States Code, and given priority, pursu11 ant to section 3710 of such chapter, to ensure that con12 sumers are adequately protected from any safety defect or 

13 noncompliance determined to exist in the manufacturer’s 

14 products. This section shall apply equally to actions of a 

15 manufacturer taken before or after the filing of a petition 

16 in bankruptcy.’’. 

17 (b) CONFORMING AMENDMENT.—The chapter analysis 

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

19 by inserting after the item relating to section 30120 the fol20 lowing: 

‘‘30120a. Recall obligations and bankruptcy of a manufacturer.’’. 

21 SEC. 314. REPEAL OF INSURANCE REPORTS AND INFORMA22 TION PROVISION. 

23 Chapter 331 of title 49, United States Code, is amend24 ed— 

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

2 relating to section 33112; and 

3 (2) by striking section 33112. 

4 SEC. 315. MONRONEY STICKER TO PERMIT ADDITIONAL 

5 SAFETY RATING CATEGORIES. 

6 Section 3(g)(2) of the Automobile Information Disclo7 sure Act (15 U.S.C. 1232(g)(2)), is amended by inserting 

8 ‘‘safety rating categories that may include’’ after ‘‘refers 

9 to’’. 

10 TITLE IV—VEHICLE ELEC11 TRONICS AND SAFETY STAND12 ARDS 

13 SEC. 401. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS14 TRATION ELECTRONICS, SOFTWARE, AND EN15 GINEERING EXPERTISE. 

16 (a) COUNCIL FOR VEHICLE ELECTRONICS, VEHICLE

17 SOFTWARE, AND EMERGING TECHNOLOGIES.— 

18 (1) IN GENERAL.—The Secretary shall establish, 

19 within the National Highway Traffic Safety Admin20 istration, a Council for Vehicle Electronics, Vehicle 

21 Software, and Emerging Technologies (referred to in 

22 this section as the ‘‘Council’’) to build, integrate, and 

23 aggregate the Administration’s expertise in passenger 

24 motor vehicle electronics and other new and emerging 

25 technologies. 

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1 (2) IMPLEMENTATION OF ROADMAP.—The Coun2 cil shall research the inclusion of emerging light3 weight plastic and composite technologies in motor ve4 hicles to increase fuel efficiency, lower emissions, meet 

5 fuel economy standards, and enhance passenger motor 

6 vehicle safety through continued utilization of the Ad7 ministration’s Plastic and Composite Intensive Vehi8 cle Safety Roadmap (Report No. DOT HS 810 863). 

9 (3) INTRA-AGENCY COORDINATION.—The Council 

10 shall coordinate with all components of the Adminis11 tration responsible for vehicle safety, including re12 search and development, rulemaking, and defects in13 vestigation. 

14 (b) HONORS RECRUITMENT PROGRAM.— 

15 (1) ESTABLISHMENT.—The Secretary shall estab16 lish, within the National Highway Traffic Safety Ad17 ministration, an honors program for engineering stu18 dents, computer science students, and other students 

19 interested in vehicle safety that will enable such stu20 dents to train with engineers and other safety officials 

21 for a career in vehicle safety. 

22 (2) STIPEND.—The Secretary is authorized to 

23 provide a stipend to students during their participa24 tion in the program established pursuant to para25 graph (1). 

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1 (c) ASSESSMENT.—The Council, in consultation with 

2 affected stakeholders, shall assess the implications of emerg3 ing safety technologies in passenger motor vehicles, includ4 ing the effect of such technologies on consumers, product 

5 availability, and cost. 

6 SEC. 402. VEHICLE STOPPING DISTANCE AND BRAKE OVER7 RIDE STANDARD. 

8 Not later than 1 year after the date of enactment of 

9 this Act, the Secretary shall prescribe a Federal motor vehi10 cle safety standard that— 

11 (1) mitigates unintended acceleration in pas12 senger motor vehicles; 

13 (2) establishes performance requirements, based 

14 on the speed, size, and weight of the vehicle, that en15 able a driver to bring a passenger motor vehicle safely 

16 to a full stop by normal braking application even if 

17 the vehicle is simultaneously receiving accelerator 

18 input signals, including a full-throttle input signal; 

19 (3) may permit compliance through a system 

20 that requires brake pedal application, after a period 

21 of time determined by the Secretary, to override an 

22 accelerator pedal input signal in order to stop the ve23 hicle; 

24 (4) requires that redundant circuits or other 

25 mechanisms be built into accelerator control systems, 

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1 including systems controlled by electronic throttle, to 

2 maintain vehicle control in the event of failure of the 

3 primary circuit or mechanism; and 

4 (5) may permit vehicles to incorporate a means 

5 to temporarily disengage the function required under 

6 paragraph (2) to facilitate operations, such as ma7 neuvering trailers or climbing steep hills, which may 

8 require the simultaneous operation of brake and accel9 erator. 

10 SEC. 403. PEDAL PLACEMENT STANDARD. 

11 (a) IN GENERAL.—The Secretary shall initiate a rule12 making proceeding to consider a Federal motor vehicle safe13 ty standard that would mitigate potential obstruction of 

14 pedal movement in passenger motor vehicles, after taking 

15 into account— 

16 (1) various pedal mounting configurations; and 

17 (2) minimum clearances for passenger motor ve18 hicle foot pedals with respect to other pedals, the vehi19 cle floor (including aftermarket floor coverings), and 

20 any other potential obstructions to pedal movement 

21 that the Secretary determines to be relevant. 

22 (b) DEADLINE.— 

23 (1) IN GENERAL.—Except as provided under 

24 paragraph (2), the Secretary shall issue a final rule 

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1 section (a) not later than 3 years after the date of the 

2 enactment of this Act. 

3 (2) REPORT.—If the Secretary determines that a 

4 pedal placement standard does not meet the require5 ments and considerations set forth in subsections (a) 

6 and (b) of section 30111 of title 49, United States 

7 Code, the Secretary shall submit a report describing 

8 the reasons for not prescribing such standard to— 

9 (A) the Committee on Commerce, Science, 

10 and Transportation of the Senate; and 

11 (B) the Committee on Energy and Com12 merce of the House of Representatives. 

13 (c) COMBINED RULEMAKING.—The Secretary may 

14 combine the rulemaking proceeding required under sub15 section (a) with the rulemaking proceeding required under 

16 section 402. 

17 SEC. 404. ELECTRONIC SYSTEMS PERFORMANCE STAND18 ARD. 

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

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

21 a rulemaking proceeding to consider prescribing or amend22 ing a Federal motor vehicle safety standard that— 

23 (1) requires electronic systems in passenger 

24 motor vehicles to meet minimum performance require25 ments; and 

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1 (2) may include requirements for— 

2 (A) electronic components; 

3 (B) the interaction of electronic components; 

4 (C) security needs for those electronic sys5 tems to prevent unauthorized access; or 

6 (D) the effect of surrounding environments 

7 on those electronic systems. 

8 (b) DEADLINE.— 

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

10 paragraph (2), the Secretary shall issue a final rule 

11 to implement the safety standard described in sub12 section (a) not later than 4 years after the date of en13 actment of this Act. 

14 (2) REPORT.—If the Secretary determines that 

15 such a standard does not meet the requirements and 

16 considerations set forth in subsections (a) and (b) of 

17 section 30111 of title 49, United States Code, the Sec18 retary shall submit a report describing the reasons for 

19 not prescribing such standard to— 

20 (A) the Committee on Commerce, Science, 

21 and Transportation of the Senate; and 

22 (B) the Committee on Energy and Com23 merce of the House of Representatives. 

24 (c) NATIONAL ACADEMY OF SCIENCES.—In conducting 

25 the rulemaking under subsection (a), the Secretary shall 

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1 consider the findings and recommendations of the National 

2 Academy of Sciences, if any, pursuant to its study of elec3 tronic vehicle controls. 

4 SEC. 405. PUSHBUTTON IGNITION SYSTEMS STANDARD. 

5 (a) PUSHBUTTON IGNITION STANDARD.— 

6 (1) IN GENERAL.—The Secretary shall initiate a 

7 rulemaking proceeding to consider a Federal motor 

8 vehicle safety standard for passenger motor vehicles 

9 with pushbutton ignition systems that establishes a 

10 standardized operation of such systems when used by 

11 drivers, including drivers who may be unfamiliar 

12 with such systems, in an emergency situation when 

13 the vehicle is in motion. 

14 (2) OTHER IGNITION SYSTEMS.—In the rule15 making proceeding initiated under paragraph (1), the 

16 Secretary may include any other ignition-starting 

17 mechanism that the Secretary determines should be 

18 considered. 

19 (b) PUSHBUTTON IGNITION SYSTEM DEFINED.—The 

20 term ‘‘pushbutton ignition system’’ means a mechanism, 

21 such as the push of a button, for starting a passenger motor 

22 vehicle that does not involve the physical insertion and 

23 turning of a tangible key. 

24 (c) DEADLINE.— 

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

2 paragraph (2), the Secretary shall issue a final rule 

3 to implement the standard described in subsection (a) 

4 not later than 2 years after the date of the enactment 

5 of this Act. 

6 (2) REPORT.—If the Secretary determines that a 

7 standard does not meet the requirements and consid8 erations set forth in subsections (a) and (b) of section 

9 30111 of title 49, United States Code, the Secretary 

10 shall submit a report describing the reasons for not 

11 prescribing such standard to— 

12 (A) the Committee on Commerce, Science, 

13 and Transportation of the Senate; and 

14 (B) the Committee on Energy and Com15 merce of the House of Representatives. 

16 SEC. 406. VEHICLE EVENT DATA RECORDERS. 

17 (a) MANDATORY EVENT DATA RECORDERS.— 

18 (1) IN GENERAL.—Not later than 180 days after 

19 the date of enactment of this Act, the Secretary shall 

20 revise part 563 of title 49, Code of Federal Regula21 tions, to require, beginning with model year 2015, 

22 that new passenger motor vehicles sold in the United 

23 States be equipped with an event data recorder that 

24 meets the requirements under that part. 

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1 (2) PENALTY.—The violation of any provision 

2 under part 563 of title 49, Code of Federal Regula3 tions— 

4 (A) shall be deemed to be a violation of sec5 tion 30112 of title 49, United States Code; 

6 (B) shall be subject to civil penalties under 

7 section 30165(a) of that title; and 

8 (C) shall not subject a manufacturer (as de9 fined in section 30102(a)(5) of that title) to the 

10 requirements under section 30120 of that title. 

11 (b) LIMITATIONS ON INFORMATION RETRIEVAL.— 

12 (1) OWNERSHIP OF DATA.—Any data in an 

13 event data recorder required under part 563 of title 

14 49, Code of Federal Regulations, regardless of when 

15 the passenger motor vehicle in which it is installed 

16 was manufactured, is the property of the owner, or in 

17 the case of a leased vehicle, the lessee of the passenger 

18 motor vehicle in which the data recorder is installed. 

19 (2) PRIVACY.—Data recorded or transmitted by 

20 such a data recorder may not be retrieved by a person 

21 other than the owner or lessee of the motor vehicle in 

22 which the recorder is installed unless— 

23 (A) a court authorizes retrieval of the infor24 mation in furtherance of a legal proceeding; 

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1 (B) the owner or lessee consents to the re2 trieval of the information for any purpose, in3 cluding the purpose of diagnosing, servicing, or 

4 repairing the motor vehicle; 

5 (C) the information is retrieved pursuant to 

6 an investigation or inspection authorized under 

7 section 1131(a) or 30166 of title 49, United 

8 States Code, and the personally identifiable in9 formation of the owner, lessee, or driver of the ve10 hicle and the vehicle identification number is not 

11 disclosed in connection with the retrieved infor12 mation; or 

13 (D) the information is retrieved for the pur14 pose of determining the need for, or facilitating, 

15 emergency medical response in response to a 

16 motor vehicle crash. 

17 (c) REPORT TO CONGRESS.—Two years after the date 

18 of implementation of subsection (a), the Secretary shall 

19 study the safety impact and the impact on individual pri20 vacy of event data recorders in passenger motor vehicles and 

21 report its findings to the Committee on Commerce, Science, 

22 and Transportation of the Senate and the Committee on 

23 Energy and Commerce of the House of Representatives. The 

24 report shall include— 

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1 (1) the safety benefits gained from installation of 

2 event data recorders; 

3 (2) the recommendations on what, if any, addi4 tional data the event data recorder should be modified 

5 to record; 

6 (3) the additional safety benefit such information 

7 would yield; 

8 (4) the estimated cost to manufacturers to imple9 ment the new enhancements; 

10 (5) an analysis of how the information proposed 

11 to be recorded by an event data recorder conforms to 

12 applicable legal, regulatory, and policy requirements 

13 regarding privacy; 

14 (6) a determination of the risks and effects of col15 lecting and maintaining the information proposed to 

16 be recorded by an event data recorder; 

17 (7) an examination and evaluation of the protec18 tions and alternative processes for handling informa19 tion recorded by an event data recorder to mitigate 

20 potential privacy risks. 

21 (d) REVISED REQUIREMENTS FOR EVENT DATA RE22 CORDERS.—Based on the findings of the study under sub23 section (c), the Secretary shall initiate a rulemaking pro24 ceeding to revise part 563 of title 49, Code of Federal Regu25 lations. The rule— 

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1 (1) shall require event data recorders to capture 

2 and store data related to motor vehicle safety covering 

3 a reasonable time period before, during, and after a 

4 motor vehicle crash or airbag deployment, including 

5 a rollover; 

6 (2) shall require that data stored on such event 

7 data recorders be accessible, regardless of vehicle man8 ufacturer or model, with commercially available 

9 equipment in a specified data format; 

10 (3) shall establish requirements for preventing 

11 unauthorized access to the data stored on an event 

12 data recorder in order to protect the security, integ13 rity, and authenticity of the data; and 

14 (4) may require an interoperable data access 

15 port to facilitate universal accessibility and analysis. 

16 (e) DISCLOSURE OF EXISTENCE AND PURPOSE OF

17 EVENT DATA RECORDER.—The rule issued under sub18 section (d) shall require that any owner’s manual or simi19 lar documentation provided to the first purchaser of a pas20 senger motor vehicle for purposes other than resale— 

21 (1) disclose that the vehicle is equipped with such 

22 a data recorder; and 

23 (2) explain the purpose of the data recorder. 

24 (f) ACCESS TO EVENT DATA RECORDERS IN AGENCY

25 INVESTIGATIONS.—Section 30166(c)(3)(C) of title 49, 

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1 United States Code, is amended by inserting ‘‘, including 

2 any electronic data contained within the vehicle’s diag3 nostic system or event data recorder’’ after ‘‘equipment.’’ 

4 (g) DEADLINE FOR RULEMAKING.—The Secretary 

5 shall issue a final rule under subsection (d) not later than 

6 4 years after the date of enactment of this Act. 

7 SEC. 407. PROHIBITION ON ELECTRONIC VISUAL ENTER8 TAINMENT IN DRIVER’S VIEW. 

9 (a) VISUAL ENTERTAINMENT SCREENS IN DRIVER’S

10 VIEW.—Not later than 2 years after the date of enactment 

11 of this Act, the Secretary of Transportation shall issue a 

12 final rule that prescribes a Federal motor vehicle safety 

13 standard prohibiting electronic screens from displaying 

14 broadcast television, movies, video games, and other forms 

15 of similar visual entertainment that is visible to the driver 

16 while driving. 

17 (b) EXCEPTIONS.—The standard prescribed under sub18 section (a) shall allow electronic screens that display infor19 mation or images regarding operation of the vehicle, vehicle 

20 surroundings, and telematic functions, such as the vehicles 

21 navigation and communications system, weather, time, or 

22 the vehicle’s audio system. 

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1 TITLE V—CHILD SAFETY 

2 STANDARDS 

3 SEC. 501. CHILD SAFETY SEATS. 

4 (a) PROTECTION FOR LARGER CHILDREN.—Not later 

5 than 1 year after the date of enactment of this Act, the Sec6 retary shall issue a final rule amending Federal Motor Ve7 hicle Safety Standard Number 213 to establish frontal crash 

8 protection requirements for child restraint systems for chil9 dren weighing more than 65 pounds. 

10 (b) SIDE IMPACT CRASHES.—Not later than 2 years 

11 after the date of the enactment of this Act, the Secretary 

12 shall issue a final rule amending Federal Motor Vehicle 

13 Safety Standard Number 213 to improve the protection of 

14 children seated in child restraint systems during side im15 pact crashes. 

16 (c) FRONTAL IMPACT TEST PARAMETERS.— 

17 (1) COMMENCEMENT.—Not later than 2 years 

18 after the date of enactment of this Act, the Secretary 

19 shall commence a rulemaking proceeding to amend 

20 test parameters under Federal Motor Vehicle Safety 

21 Standard Number 213 to better replicate real world 

22 conditions. 

23 (2) FINAL RULE.—Not later than 4 years after 

24 the date of enactment of this Act, the Secretary shall 

25 issue a final rule pursuant to paragraph (1). 

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1 SEC. 502. CHILD RESTRAINT ANCHORAGE SYSTEMS. 

2 (a) INITIATION OF RULEMAKING PROCEEDING.—Not 

3 later than 1 year after the date of enactment of this Act, 

4 the Secretary shall initiate a rulemaking proceeding to— 

5 (1) amend Federal Motor Vehicle Safety Stand6 ard Number 225 (relating to child restraint anchor7 age systems) to improve the visibility of, accessibility 

8 to, and ease of use for lower anchorages and tethers 

9 in all rear seat seating positions if such anchorages 

10 and tethers are feasible; and 

11 (2) amend Federal Motor Vehicle Safety Stand12 ard Number 213 (relating to child restraint systems) 

13 or Federal Motor Vehicle Safety Standard Number 

14 225 (relating to child restraint anchorage systems)— 

15 (A) to establish a maximum allowable 

16 weight of the child and child restraint for stand17 ardizing the recommended use of child restraint 

18 anchorage systems in all vehicles; and 

19 (B) to provide the information described in 

20 subparagraph (A) to the consumer. 

21 (b) FINAL RULE.— 

22 (1) IN GENERAL.—Except as provided under 

23 paragraph (2), the Secretary shall issue a final rule 

24 under subsection (a) not later than 3 years after the 

25 date of the enactment of this Act. 

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1 (2) REPORT.—If the Secretary determines that 

2 an amendment to the standard referred to in sub3 section (a) does not meet the requirements and consid4 erations set forth in subsections (a) and (b) of section 

5 30111 of title 49, United States Code, the Secretary 

6 shall submit a report describing the reasons for not 

7 prescribing such a standard to— 

8 (A) the Committee on Commerce, Science, 

9 and Transportation of the Senate; and 

10 (B) the Committee on Energy and Com11 merce of the House of Representatives. 

12 SEC. 503. REAR SEAT BELT REMINDERS. 

13 (a) INITIATION OF RULEMAKING PROCEEDING.—Not 

14 later than 2 years after the date of enactment of this Act, 

15 the Secretary shall initiate a rulemaking proceeding to 

16 amend Federal Motor Vehicle Safety Standard Number 208 

17 (relating to occupant crash protection) to provide a safety 

18 belt use warning system for designated seating positions in 

19 the rear seat. 

20 (b) FINAL RULE.— 

21 (1) IN GENERAL.—Except as provided under 

22 paragraph (2), the Secretary shall issue a final rule 

23 under subsection (a) not later than 3 years after the 

24 date of enactment of this Act. 

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1 (2) REPORT.—If the Secretary determines that 

2 an amendment to the standard referred to in sub3 section (a) does not meet the requirements and consid4 erations set forth in subsections (a) and (b) of section 

5 30111 of title 49, United States Code, the Secretary 

6 shall submit a report describing the reasons for not 

7 prescribing such a standard to— 

8 (A) the Committee on Commerce, Science, 

9 and Transportation of the Senate; and 

10 (B) the Committee on Energy and Com11 merce of the House of Representatives. 

12 SEC. 504. UNATTENDED PASSENGER REMINDERS. 

13 (a) SAFETY RESEARCH INITIATIVE.—Not later than 2 

14 years after the date of enactment of this Act, the Secretary 

15 shall complete research into the development of performance 

16 requirements to warn drivers that a child or other unat17 tended passenger remains in a rear seating position after 

18 the vehicle motor is disengaged. 

19 (b) SPECIFICATIONS.—In carrying out subsection (a), 

20 the Secretary shall consider performance requirements 

21 that— 

22 (1) sense weight, the presence of a buckled seat 

23 belt, or other indications of the presence of a child or 

24 other passenger; and 

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1 (2) provide an alert to prevent hyperthermia and 

2 hypothermia that can result in death or severe inju3 ries. 

4 (c) RULEMAKING OR REPORT.— 

5 (1) RULEMAKING.—Not later than 1 year after 

6 the completion of each research and testing initiative 

7 required under subsection (a), the Secretary shall ini8 tiate a rulemaking proceeding to issue a Federal 

9 motor vehicle safety standard if the Secretary deter10 mines that such a standard meets the requirements 

11 and considerations set forth in subsections (a) and (b) 

12 of section 30111 of title 49, United States Code. 

13 (2) REPORT.—If the Secretary determines that 

14 the standard described in subsection (a) does not meet 

15 the requirements and considerations set forth in sub16 sections (a) and (b) of section 30111 of title 49, 

17 United States Code, the Secretary shall submit a re18 port describing the reasons for not prescribing such a 

19 standard to— 

20 (A) the Committee on Commerce, Science, 

21 and Transportation of the Senate; and 

22 (B) the Committee on Energy and Com23 merce of the House of Representatives. 

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1 SEC. 505. NEW DEADLINE. 

2 If the Secretary determines that any deadline for 

3 issuing a final rule under this Act cannot be met, the Sec4 retary shall— 

5 (1) provide the Committee on Commerce, 

6 Science, and Transportation of the Senate and the 

7 Committee on Energy and Commerce of the House of 

8 Representatives with an explanation for why such 

9 deadline cannot be met; and 

10 (2) establish a new deadline for that rule. 

11 TITLE VI—IMPROVED DAYTIME 

12 AND NIGHTTIME VISIBILITY 

13 OF AGRICULTURAL EQUIP14 MENT 

15 SEC. 601. RULEMAKING ON VISIBILITY OF AGRICULTURAL 

16 EQUIPMENT. 

17 (a) DEFINITIONS.—In this section: 

18 (1) AGRICULTURAL EQUIPMENT.—The term ‘‘ag19 ricultural equipment’’ has the meaning given the term 

20 ‘‘agricultural field equipment’’ in ASABE Standard 

21 390.4, entitled ‘‘Definitions and Classifications of Ag22 ricultural Field Equipment’’, which was published in 

23 January 2005 by the American Society of Agriculture 

24 and Biological Engineers, or any successor standard. 

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1 (2) PUBLIC ROAD.—The term ‘‘public road’’ has 

2 the meaning given the term in section 101(a)(27) of 

3 title 23, United States Code. 

4 (b) RULEMAKING.— 

5 (1) IN GENERAL.—Not later than 2 years after 

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

7 Transportation, after consultation with representa8 tives of the American Society of Agricultural and Bi9 ological Engineers and appropriate Federal agencies, 

10 and with other appropriate persons, shall promulgate 

11 a rule to improve the daytime and nighttime visi12 bility of agricultural equipment that may be operated 

13 on a public road. 

14 (2) MINIMUM STANDARDS.—The rule promul15 gated pursuant to this subsection shall— 

16 (A) establish minimum lighting and mark17 ing standards for applicable agricultural equip18 ment manufactured at least 1 year after the date 

19 on which such rule is promulgated; and 

20 (B) provide for the methods, materials, spec21 ifications, and equipment to be employed to com22 ply with such standards, which shall be equiva23 lent to ASABE Standard 279.14, entitled 

24 ‘‘Lighting and Marking of Agricultural Equip25 ment on Highways’’, which was published in 

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1 July 2008 by the American Society of Agricul2 tural and Biological Engineers, or any successor 

3 standard. 

4 (c) REVIEW.—Not less frequently than once every 5 

5 years, the Secretary of Transportation shall— 

6 (1) review the standards established pursuant to 

7 subsection (b); and 

8 (2) revise such standards to reflect the revision 

9 of ASABE Standard 279 that is in effect at the time 

10 of such review. 

11 (d) LIMITATIONS.— 

12 (1) COMPLIANCE WITH SUCCESSOR STAND13 ARDS.—Any rule promulgated pursuant to this sec14 tion may not prohibit the operation on public roads 

15 of agricultural equipment that is equipped in accord16 ance with any adopted revision of ASABE Standard 

17 279 that is later than the revision of such standard 

18 that was referenced during the promulgation of the 

19 rule. 

20 (2) NO RETROFITTING REQUIRED.—Any rule 

21 promulgated pursuant to this section may not require 

22 the retrofitting of agricultural equipment that was 

23 manufactured before the date on which the lighting 

24 and marking standards are enforceable under sub25 section (b)(2)(A). 

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1 (3) NO EFFECT ON ADDITIONAL MATERIALS AND

2 EQUIPMENT.—Any rule promulgated pursuant to this 

3 section may not prohibit the operation on public 

4 roads of agricultural equipment that is equipped with 

5 materials or equipment that are in addition to the 

6 minimum materials and equipment specified in the 

7 standard upon which such rule is based. 

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Calendar No. 548 

112TH CONGRESS 

2D SESSION S. 1449 

A BILL 

To authorize the appropriation of funds for 

highway safety programs and for other purposes. 

NOVEMBER 14, 2012 

Reported with an amendment 

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