```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1449 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1449

To authorize the appropriation of funds for highway safety programs and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2011

 Mr. Pryor (for himself, Mr. Rockefeller, Ms. Klobuchar, Mr. Udall of 
 New Mexico, and Mrs. Gillibrand) introduced the following bill; which 
was read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL

 
To authorize the appropriation of funds for highway safety programs and 
                          for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Motor Vehicle and 
Highway Safety Improvement Act of 2011'' or ``Mariah's Act''.
    (b) Table of Contents.--The table of contents for 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.
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.

SEC. 2. DEFINITION.

    In this Act, the term ``Secretary'' means the Secretary of 
Transportation.

                        TITLE I--HIGHWAY SAFETY

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Highway safety programs.--For carrying out section 402 
        of title 23, United States Code--
                    (A) $243,000,000 for fiscal year 2012; and
                    (B) $243,000,000 for fiscal year 2013.
            (2) Highway safety research and development.--For carrying 
        out section 403 of title 23, United States Code--
                    (A) $130,000,000 for fiscal year 2012; and
                    (B) $139,000,000 for fiscal year 2013.
            (3) Combined occupant protection grants.--For carrying out 
        section 405 of title 23, United States Code--
                    (A) $44,000,000 for fiscal year 2012; and
                    (B) $44,000,000 for fiscal year 2013.
            (4) State traffic safety information system improvements.--
        For carrying out section 408 of title 23, United States Code--
                    (A) $44,000,000 for fiscal year 2012; and
                    (B) $44,000,000 for fiscal year 2013.
            (5) Impaired driving countermeasures.--For carrying out 
        section 410 of title 23, United States Code--
                    (A) $139,000,000 for fiscal year 2012; and
                    (B) $139,000,000 for fiscal year 2013.
            (6) Distracted driving grants.--For carrying out section 
        411 of title 23, United States Code--
                    (A) $39,000,000 for fiscal year 2012; and
                    (B) $39,000,000 for fiscal year 2013.
            (7) National driver register.--For the National Highway 
        Traffic Safety Administration to carry out chapter 303 of title 
        49, United States Code--
                    (A) $5,000,000 for fiscal year 2012; and
                    (B) $5,000,000 for fiscal year 2013.
            (8) High visibility enforcement program.--For carrying out 
        section 2009 of SAFETEA-LU (Public Law 109-59; 23 U.S.C. 
        note)--
                    (A) $37,000,000 for fiscal year 2012; and
                    (B) $37,000,000 for fiscal year 2013.
            (9) Motorcyclist safety.--For carrying out section 2010 of 
        SAFETEA-LU (Public Law 109-59; 23 U.S.C. note)--
                    (A) $6,000,000 for fiscal year 2012; and
                    (B) $6,000,000 for fiscal year 2013.
            (10) Administrative expenses.--For administrative and 
        related operating expenses of the National Highway Traffic 
        Safety Administration in carrying out chapter 4 of title 23, 
        United States Code, and this title--
                    (A) $25,581,280 for fiscal year 2012; and
                    (B) $25,862,674 for fiscal year 2013.
            (11) Driver alcohol detection system for safety research.--
        For carrying out section 413 of title 23, United States Code--
                    (A) $12,000,000 for fiscal year 2012; and
                    (B) $12,000,000 for fiscal year 2013.
            (12) State graduated driver licensing laws.--For carrying 
        out section 414 of title 23, United States Code--
                    (A) $22,000,000 for fiscal year 2012; and
                    (B) $22,000,000 for fiscal year 2013.
    (b) Prohibition on Other Uses.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, in this title, and in the 
amendments made by this title, the amounts made available from the 
Highway Trust Fund (other than the Mass Transit Account) for a program 
under such chapter--
            (1) shall only be used to carry out such program; and
            (2) may not be used by States or local governments for 
        construction purposes.
    (c) Applicability of Title 23.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and in this title, amounts 
made available under subsection (a) for fiscal years 2012 and 2013 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code.
    (d) Regulatory Authority.--Grants awarded under this title shall be 
in accordance with regulations issued by the Secretary.
    (e) State Matching Requirements.--If a grant awarded under this 
title requires a State to share in the cost, the aggregate of all 
expenditures for highway safety activities made during any fiscal year 
by the State and its political subdivisions (exclusive of Federal 
funds) for carrying out the grant (other than planning and 
administration) shall be available for the purpose of crediting the 
State during such fiscal year for the non-Federal share of the cost of 
any project under this title (other than planning or administration) 
without regard to whether such expenditures were actually made in 
connection with such project.
    (f) Maintenance of Effort.--
            (1) Requirement.--No grant may be made to a State under 
        section 405, 408, or 410 of title 23, United States Code, in 
        any fiscal year unless the State enters into such agreements 
        with the Secretary as the Secretary may require to ensure that 
        the State will maintain its aggregate expenditures from all 
        State and local sources for programs described in such sections 
        at or above the average level of such expenditures in its 2 
        fiscal years preceding the date of enactment of this Act.
            (2) Waiver.--Upon the request of a State, the Secretary may 
        waive or modify the requirements under paragraph (1) for not 
        more than 1 fiscal year if the Secretary determines that such a 
        waiver would be equitable due to exceptional or uncontrollable 
        circumstances.
    (g) Transfers.--In each fiscal year, the Secretary may transfer any 
amounts remaining available under paragraphs (3), (4), (5), (6), (9), 
(11), and (12) of subsection (a) to the amounts made available under 
any other of such paragraphs or for purposes authorized under chapter 
301 of title 49, United States Code, in order to ensure, to the maximum 
extent possible, that all funds are obligated.
    (h) Grant Application and Deadline.--To receive a grant under this 
title, a State shall submit an application, and the Secretary shall 
establish a single deadline for such applications to enable the award 
of grants early in the next fiscal year.
    (i) Allocation To Support State Distracted Driving Laws.--Of the 
amounts available under subsection (a)(7) for distracted driving 
grants, the Secretary may expend, in each fiscal year, up to $5,000,000 
for the development and placement of broadcast media to support the 
enforcement of State distracted driving laws.

SEC. 102. HIGHWAY SAFETY PROGRAMS.

    (a) Programs Included.--Section 402(a) of title 23, United States 
Code, is amended to read as follows:
    ``(a) Program Required.--
            ``(1) In general.--Each State shall have a highway safety 
        program, approved by the Secretary, that is designed to reduce 
        traffic accidents and the resulting deaths, injuries, and 
        property damage.
            ``(2) Uniform guidelines.--Programs required under 
        paragraph (1) shall comply with uniform guidelines, promulgated 
        by the Secretary and expressed in terms of performance 
        criteria, that--
                    ``(A) include programs--
                            ``(i) to reduce injuries and deaths 
                        resulting from motor vehicles being driven in 
                        excess of posted speed limits;
                            ``(ii) to encourage the proper use of 
                        occupant protection devices (including the use 
                        of safety belts and child restraint systems) by 
                        occupants of motor vehicles;
                            ``(iii) to reduce deaths and injuries 
                        resulting from persons driving motor vehicles 
                        while impaired by alcohol or a controlled 
                        substance;
                            ``(iv) to prevent accidents and reduce 
                        deaths and injuries resulting from accidents 
                        involving motor vehicles and motorcycles;
                            ``(v) to reduce injuries and deaths 
                        resulting from accidents involving school 
                        buses;
                            ``(vi) to reduce accidents resulting from 
                        unsafe driving behavior (including aggressive 
                        or fatigued driving and distracted driving 
                        arising from the use of electronic devices in 
                        vehicles); and
                            ``(vii) to improve law enforcement services 
                        in motor vehicle accident prevention, traffic 
                        supervision, and post-accident procedures;
                    ``(B) improve driver performance, including--
                            ``(i) driver education;
                            ``(ii) driver testing to determine 
                        proficiency to operate motor vehicles; and
                            ``(iii) driver examinations (physical, 
                        mental, and driver licensing);
                    ``(C) improve pedestrian performance and bicycle 
                safety;
                    ``(D) include provisions for--
                            ``(i) an effective record system of 
                        accidents (including resulting injuries and 
                        deaths);
                            ``(ii) accident investigations to determine 
                        the probable causes of accidents, injuries, and 
                        deaths;
                            ``(iii) vehicle registration, operation, 
                        and inspection; and
                            ``(iv) emergency services; and
                    ``(E) to the extent determined appropriate by the 
                Secretary, are applicable to federally administered 
                areas where a Federal department or agency controls the 
                highways or supervises traffic operations.''.
    (b) Administration of State Programs.--Section 402(b)(1) of title 
23, United States Code, is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) by redesignating subparagraph (E) as subparagraph (F);
            (3) by inserting after clause (D) the following:
                    ``(E) beginning on October 1, 2012, provide for a 
                robust, data-driven traffic safety enforcement program 
                to prevent traffic violations, crashes, and crash 
                fatalities and injuries in areas most at risk for such 
                incidents, to the satisfaction of the Secretary;''; and
            (4) in subparagraph (F), as redesignated--
                    (A) in clause (i), by inserting ``and high-
                visibility law enforcement mobilizations coordinated by 
                the Secretary'' after ``mobilizations'';
                    (B) in clause (iii), by striking ``and'' at the 
                end;
                    (C) in clause (iv), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
                            ``(v) ensuring that the State will 
                        coordinate its highway safety plan, data 
                        collection, and information systems with the 
                        State strategic highway safety plan (as defined 
                        in section 148(a)).''.
    (c) Approved Highway Safety Programs.--Section 402(c) of title 23, 
United States Code, is amended--
            (1) by striking ``(c) Funds authorized'' and inserting the 
        following:
    ``(c) Use of Funds.--
            ``(1) In general.--Funds authorized'';
            (2) by striking ``Such funds'' and inserting the following:
            ``(2) Apportionment.--Except for amounts identified in 
        subsection (l) and section 403(e), funds described in paragraph 
        (1)'';
            (3) by striking ``The Secretary shall not'' and all that 
        follows through ``subsection, a highway safety program'' and 
        inserting ``A highway safety program'';
            (4) by inserting ``A State may use the funds apportioned 
        under this section, in cooperation with neighboring States, for 
        highway safety programs or related projects that may confer 
        benefits on such neighboring States.'' after ``in every 
        State.'';
            (5) by striking ``50 per centum'' and inserting ``20 
        percent''; and
            (6) by striking ``The Secretary shall promptly'' and all 
        that follows and inserting the following:
            ``(3) Reapportionment.--The Secretary shall promptly 
        apportion the funds withheld from a State's apportionment to 
        the State if the Secretary approves the State's highway safety 
        program or determines that the State has begun implementing an 
        approved program, as appropriate, not later than July 31st of 
        the fiscal year for which the funds were withheld. If the 
        Secretary determines that the State did not correct its failure 
        within such period, the Secretary shall reapportion the 
        withheld funds to the other States in accordance with the 
        formula specified in paragraph (2) not later than the last day 
        of the fiscal year.''.
    (d) Use of Highway Safety Program Funds.--Section 402(g) of title 
23, United States Code, is amended to read as follows:
    ``(g) Savings Provision.--
            ``(1) In general.--Except as provided under paragraph (2), 
        nothing in this section may be construed to authorize the 
        appropriation or expenditure of funds for--
                    ``(A) highway construction, maintenance, or design 
                (other than design of safety features of highways to be 
                incorporated into guidelines); or
                    ``(B) any purpose for which funds are authorized by 
                section 403.
            ``(2) Demonstration projects.--A State may use funds made 
        available to carry out this section to assist in demonstration 
        projects carried out by the Secretary under section 403.''.
    (e) In General.--Section 402 of title 23, United States Code, is 
amended--
            (1) by striking subsections (k) and (m);
            (2) by redesignating subsections (i) and (j) as subsections 
        (h) and (i), respectively; and
            (3) by redesignating subsection (l) as subsection (j).
    (f) Highway Safety Plan and Reporting Requirements.--Section 402 of 
title 23, United States Code, as amended by this section, is further 
amended by adding at the end the following:
    ``(k) Highway Safety Plan and Reporting Requirements.--
            ``(1) In general.--The Secretary shall require each State 
        to develop and submit to the Secretary a highway safety plan 
        that complies with the requirements under this subsection not 
        later than July 1, 2012, and annually thereafter.
            ``(2) Contents.--State highway safety plans submitted under 
        paragraph (1) shall include--
                    ``(A) performance measures required by the 
                Secretary or otherwise necessary to support additional 
                State safety goals, including--
                            ``(i) documentation of current safety 
                        levels for each performance measure;
                            ``(ii) quantifiable annual performance 
                        targets for each performance measure; and
                            ``(iii) a justification for each 
                        performance target;
                    ``(B) a strategy for programming funds apportioned 
                to the State under this section on projects and 
                activities that will allow the State to meet the 
                performance targets described in subparagraph (A);
                    ``(C) data and data analysis supporting the 
                effectiveness of proposed countermeasures;
                    ``(D) a description of any Federal, State, local, 
                or private funds that the State plans to use, in 
                addition to funds apportioned to the State under this 
                section, to carry out the strategy described in 
                subparagraph (B);
                    ``(E) beginning with the plan submitted by July 1, 
                2013, a report on the State's success in meeting State 
                safety goals set forth in the previous year's highway 
                safety plan; and
                    ``(F) an application for any additional grants 
                available to the State under this chapter.
            ``(3) Review of highway safety plans.--
                    ``(A) In general.--Not later than 60 days after the 
                date on which a State's highway safety plan is received 
                by the Secretary, the Secretary shall review and 
                approve or disapprove the plan.
                    ``(B) Approvals and disapprovals.--
                            ``(i) Approvals.--The Secretary shall 
                        approve a State's highway safety plan if the 
                        Secretary determines that--
                                    ``(I) the plan is evidence-based 
                                and supported by data;
                                    ``(II) the performance targets are 
                                adequate; and
                                    ``(III) the plan, once implemented, 
                                will allow the State to meet such 
                                targets.
                            ``(ii) Disapprovals.--The Secretary shall 
                        disapprove a State's highway safety plan if the 
                        Secretary determines that the plan does not--
                                    ``(I) set appropriate performance 
                                targets; or
                                    ``(II) provide for evidence-based 
                                programming of funding in a manner 
                                sufficient to allow the State to meet 
                                such targets.
                    ``(C) Actions upon disapproval.--If the Secretary 
                disapproves a State's highway safety plan, the 
                Secretary shall--
                            ``(i) inform the State of the reasons for 
                        such disapproval; and
                            ``(ii) require the State to resubmit the 
                        plan with any modifications that the Secretary 
                        determines to be necessary.
                    ``(D) Review of resubmitted plans.--If the 
                Secretary requires a State to resubmit a highway safety 
                plan, with modifications, the Secretary shall review 
                and approve or disapprove the modified plan not later 
                than 30 days after the date on which the Secretary 
                receives such plan.
                    ``(E) Reprogramming authority.--If the Secretary 
                determines that the modifications contained in a 
                State's resubmitted highway safety plan do not provide 
                for the programming of funding in a manner sufficient 
                to meet the State's performance goals, the Secretary, 
                in consultation with the State, shall take such action 
                as may be necessary to bring the State's plan into 
                compliance with the performance targets.
                    ``(F) Public notice.--A State shall make the 
                State's highway safety plan, and decisions of the 
                Secretary concerning approval or disapproval of a 
                revised plan, available to the public.''.
    (g) Cooperative Research and Evaluation.--Section 402 of title 23, 
United States Code, as amended by this section, is further amended by 
adding at the end the following:
    ``(l) Cooperative Research and Evaluation.--
            ``(1) Establishment and funding.--Notwithstanding the 
        apportionment formula set forth in subsection (c)(2), 
        $2,500,000 of the total amount available for apportionment to 
        the States for highway safety programs under subsection (c) in 
        each fiscal year shall be available for expenditure by the 
        Secretary, acting through the Administrator of the National 
        Highway Traffic Safety Administration, for a cooperative 
        research and evaluation program to research and evaluate 
        priority highway safety countermeasures.
            ``(2) Administration.--The program established under 
        paragraph (1)--
                    ``(A) shall be administered by the Administrator of 
                the National Highway Traffic Safety Administration; and
                    ``(B) shall be jointly managed by the Governors 
                Highway Safety Association and the National Highway 
                Traffic Safety Administration.''.
    (h) Teen Traffic Safety Program.--Section 402 of title 23, United 
States Code, as amended by this section, is further amended by adding 
at the end the following:
    ``(m) Teen Traffic Safety Program.--
            ``(1) Program authorized.--Subject to the requirements of a 
        State's highway safety plan, as approved by the Secretary under 
        subsection (k), a State may use a portion of the amounts 
        received under this section to implement a statewide teen 
        traffic safety program to improve traffic safety for teen 
        drivers.
            ``(2) Strategies.--The program implemented under paragraph 
        (1)--
                    ``(A) shall include peer-to-peer education and 
                prevention strategies in schools and communities 
                designed to--
                            ``(i) increase safety belt use;
                            ``(ii) reduce speeding;
                            ``(iii) reduce impaired and distracted 
                        driving;
                            ``(iv) reduce underage drinking; and
                            ``(v) reduce other behaviors by teen 
                        drivers that lead to injuries and fatalities; 
                        and
                    ``(B) may include--
                            ``(i) working with student-led groups and 
                        school advisors to plan and implement teen 
                        traffic safety programs;
                            ``(ii) providing subgrants to schools 
                        throughout the State to support the 
                        establishment and expansion of student groups 
                        focused on teen traffic safety;
                            ``(iii) providing support, training, and 
                        technical assistance to establish and expand 
                        school and community safety programs for teen 
                        drivers;
                            ``(iv) creating statewide or regional 
                        websites to publicize and circulate information 
                        on teen safety programs;
                            ``(v) conducting outreach and providing 
                        educational resources for parents;
                            ``(vi) establishing State or regional 
                        advisory councils comprised of teen drivers to 
                        provide input and recommendations to the 
                        governor and the governor's safety 
                        representative on issues related to the safety 
                        of teen drivers;
                            ``(vii) collaborating with law enforcement;
                            ``(viii) organizing and hosting State and 
                        regional conferences for teen drivers;
                            ``(ix) establishing partnerships and 
                        promoting coordination among community 
                        stakeholders, including public, not-for-profit, 
                        and for profit entities; and
                            ``(x) funding a coordinator position for 
                        the teen safety program in the State or 
                        region.''.
    (i) Activities To Promote Highway and Motor Vehicle Safety.--
Section 402 of title 23, United States Code, as amended by this 
section, is further amended by adding at the end the following:
    ``(n) Availability of Funds.--Notwithstanding any other provision 
of law, amounts appropriated to the Secretary for the National Highway 
Traffic Safety Administration shall be available for activities to 
promote highway safety and motor vehicle safety, including activities 
specifically designed to urge a State or local legislator or 
legislature to favor or oppose the adoption of any specific legislative 
proposal.''.

SEC. 103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

    Section 403 of title 23, United States Code, is amended to read as 
follows:
``Sec. 403. Highway safety research and development
    ``(a) Defined Term.--In this section, the term `Federal laboratory' 
includes--
            ``(1) a government-owned, government-operated laboratory; 
        and
            ``(2) a government-owned, contractor-operated laboratory.
    ``(b) General Authority.--
            ``(1) Research and development activities.--The Secretary 
        may conduct research and development activities, including 
        demonstration projects and the collection and analysis of 
        highway and motor vehicle safety data and related information 
        needed to carry out this section, with respect to--
                    ``(A) all aspects of highway and traffic safety 
                systems and conditions relating to--
                            ``(i) vehicle, highway, driver, passenger, 
                        motorcyclist, bicyclist, and pedestrian 
                        characteristics;
                            ``(ii) accident causation and 
                        investigations;
                            ``(iii) communications;
                            ``(iv) emergency medical services; and
                            ``(v) transportation of the injured;
                    ``(B) human behavioral factors and their effect on 
                highway and traffic safety, including--
                            ``(i) driver education;
                            ``(ii) impaired driving;
                            ``(iii) distracted driving; and
                            ``(iv) new technologies installed in, or 
                        brought into, vehicles;
                    ``(C) an evaluation of the effectiveness of 
                countermeasures to increase highway and traffic safety, 
                including occupant protection and alcohol- and drug-
                impaired driving technologies and initiatives; and
                    ``(D) the effect of State laws on any aspects, 
                activities, or programs described in subparagraphs (A) 
                through (C).
            ``(2) Cooperation, grants, and contracts.--The Secretary 
        may carry out this section--
                    ``(A) independently;
                    ``(B) in cooperation with other Federal 
                departments, agencies, and instrumentalities and 
                Federal laboratories;
                    ``(C) by entering into contracts, cooperative 
                agreements, and other transactions with the National 
                Academy of Sciences, any Federal laboratory, State or 
                local agency, authority, association, institution, 
                foreign country, or person (as defined in chapter 1 of 
                title 1); or
                    ``(D) by making grants to the National Academy of 
                Sciences, any Federal laboratory, State or local 
                agency, authority, association, institution, or person 
                (as defined in chapter 1 of title 1).
    ``(c) Collaborative Research and Development.--
            ``(1) In general.--To encourage innovative solutions to 
        highway safety problems, stimulate voluntary improvements in 
        highway safety, and stimulate the marketing of new highway 
        safety related technology by private industry, the Secretary is 
        authorized to carry out, on a cost-shared basis, collaborative 
        research and development with--
                    ``(A) non-Federal entities, including State and 
                local governments, foreign countries, colleges, 
                universities, corporations, partnerships, sole 
                proprietorships, organizations serving the interests of 
                children, people with disabilities, low-income 
                populations, and older adults, and trade associations 
                that are incorporated or established under the laws of 
                any State or the United States; and
                    ``(B) Federal laboratories.
            ``(2) Agreements.--In carrying out this subsection, the 
        Secretary may enter into cooperative research and development 
        agreements (as defined in section 12 of the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3710a)) in which 
        the Secretary provides not more than 50 percent of the cost of 
        any research or development project under this subsection.
            ``(3) Use of technology.--The research, development, or use 
        of any technology pursuant to an agreement under this 
        subsection, including the terms under which technology may be 
        licensed and the resulting royalties may be distributed, shall 
        be subject to the provisions of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
    ``(d) Title to Equipment.--In furtherance of the purposes set forth 
in section 402, the Secretary may vest title to equipment purchased for 
demonstration projects with funds authorized under this section to 
State or local agencies on such terms and conditions as the Secretary 
determines to be appropriate.
    ``(e) Training.--Notwithstanding the apportionment formula set 
forth in section 402(c)(2), 1 percent of the total amount available for 
apportionment to the States for highway safety programs under section 
402(c) in each fiscal year shall be available, through the end of the 
succeeding fiscal year, to the Secretary, acting through the 
Administrator of the National Highway Traffic Safety Administration--
            ``(1) to provide training, conducted or developed by 
        Federal or non-Federal entity or personnel, to Federal, State, 
        and local highway safety personnel; and
            ``(2) to pay for any travel, administrative, and other 
        expenses related to such training.
    ``(f) Driver Licensing and Fitness To Drive Clearinghouse.--From 
amounts made available under this section, the Secretary, acting 
through the Administrator of the National Highway Traffic Safety 
Administration, is authorized to expend $1,280,000 between October 1, 
2011, and September 30, 2013, to establish an electronic clearinghouse 
and technical assistance service to collect and disseminate research 
and analysis of medical and technical information and best practices 
concerning drivers with medical issues that may be used by State driver 
licensing agencies in making licensing qualification decisions.
    ``(g) International Highway Safety Information and Cooperation.--
            ``(1) Establishment.--The Secretary, acting through the 
        Administrator of the National Highway Traffic Safety 
        Administration, may establish an international highway safety 
        information and cooperation program to--
                    ``(A) inform the United States highway safety 
                community of laws, projects, programs, data, and 
                technology in foreign countries that could be used to 
                enhance highway safety in the United States;
                    ``(B) permit the exchange of information with 
                foreign countries about laws, projects, programs, data, 
                and technology that could be used to enhance highway 
                safety; and
                    ``(C) allow the Secretary, represented by the 
                Administrator, to participate and cooperate in 
                international activities to enhance highway safety.
            ``(2) Cooperation.--The Secretary may carry out this 
        subsection in cooperation with any appropriate Federal agency, 
        State or local agency or authority, foreign government, or 
        multinational institution.
    ``(h) Public Health Authority.--For purposes of collecting and 
analyzing medical data for transportation safety research purposes 
under this chapter or chapter 301 of title 49, the term `public health 
authority' has the meaning given the term in section 164.501 of title 
45, Code of Federal Regulations, and includes the National Highway 
Traffic Safety Administration. Any `protected health information' (as 
defined in section 160.103 of title 45, Code of Federal Regulations) 
collected or received by the National Highway Traffic Safety 
Administration in its capacity as a public health authority may not be 
subject to discovery, admitted into evidence, or used in any 
administrative, civil, criminal, or other judicial proceeding.
    ``(i) Prohibition on Certain Disclosures.--Any report of the 
National Highway Traffic Safety Administration, or of any officer, 
employee, or contractor of the National Highway Traffic Safety 
Administration, relating to any highway traffic accident or the 
investigation of such accident conducted pursuant to this chapter or 
chapter 301 shall be made available to the public in a manner that does 
not identify individuals.
    ``(j) Model Specifications for Devices.--The Secretary, acting 
through the Administrator of the National Highway Traffic Safety 
Administration, may--
            ``(1) develop model specifications and testing procedures 
        for devices, including devices designed to measure the 
        concentration of alcohol in the body;
            ``(2) conduct periodic tests of such devices;
            ``(3) publish a Conforming Products List of such devices 
        that have met the model specifications; and
            ``(4) may require that any necessary tests of such devices 
        are conducted by a Federal laboratory and paid for by the 
        device manufacturers.''.

SEC. 104. NATIONAL DRIVER REGISTER.

    Section 30302(b) of title 49, United States Code, is amended by 
adding at the end the following: ``The Secretary shall make continual 
improvements to modernize the Register's data processing system.''.

SEC. 105. COMBINED OCCUPANT PROTECTION GRANTS.

    (a) In General.--Section 405 of title 23, United States Code, is 
amended to read as follows:
``Sec. 405. Combined occupant protection grants
    ``(a) General Authority.--Subject to the requirements of this 
section, the Secretary of Transportation shall award grants to States 
that adopt and implement effective occupant protection programs to 
reduce highway deaths and injuries resulting from individuals riding 
unrestrained or improperly restrained in motor vehicles.
    ``(b) Federal Share.--The Federal share of the costs of activities 
funded using amounts from grants awarded under this section may not 
exceed 80 percent for each fiscal year for which a State receives a 
grant.
    ``(c) Eligibility.--
            ``(1) High seat belt use rate.--A State with an observed 
        seat belt use rate of 90 percent or higher, based on the most 
        recent data from a survey that conforms with national criteria 
        established by the National Highway Traffic Safety 
        Administration, shall be eligible for a grant in a fiscal year 
        if the State--
                    ``(A) submits an occupant protection plan during 
                the first fiscal year;
                    ``(B) participates in the Click It or Ticket 
                national mobilization;
                    ``(C) has an active network of child restraint 
                inspection stations; and
                    ``(D) has a plan to recruit, train, and maintain a 
                sufficient number of child passenger safety 
                technicians.
            ``(2) Lower seat belt use rate.--A State with an observed 
        seat belt use rate below 90 percent, based on the most recent 
        data from a survey that conforms with national criteria 
        established by the National Highway Traffic Safety 
        Administration, shall be eligible for a grant in a fiscal year 
        if--
                    ``(A) the State meets all of the requirements under 
                subparagraphs (A) through (D) of paragraph (1); and
                    ``(B) the Secretary determines that the State meets 
                at least 3 of the following criteria:
                            ``(i) The State conducts sustained (on-
                        going and periodic) seat belt enforcement at a 
                        defined level of participation during the year.
                            ``(ii) The State has enacted and enforces a 
                        primary enforcement seat belt use law.
                            ``(iii) The State has implemented 
                        countermeasure programs for high-risk 
                        populations, such as drivers on rural roadways, 
                        unrestrained nighttime drivers, or teenage 
                        drivers.
                            ``(iv) The State has enacted and enforces 
                        occupant protection laws requiring front and 
                        rear occupant protection use by all occupants 
                        in an age-appropriate restraint.
                            ``(v) The State has implemented a 
                        comprehensive occupant protection program in 
                        which the State has--
                                    ``(I) conducted a program 
                                assessment;
                                    ``(II) developed a statewide 
                                strategic plan;
                                    ``(III) designated an occupant 
                                protection coordinator; and
                                    ``(IV) established a statewide 
                                occupant protection task force.
                            ``(vi) The State--
                                    ``(I) completed an assessment of 
                                its occupant protection program during 
                                the 3-year period preceding the grant 
                                year; or
                                    ``(II) will conduct such an 
                                assessment during the first year of the 
                                grant.
    ``(d) Use of Grant Amounts.--Grant funds received pursuant to this 
section may be used to--
            ``(1) carry out a program to support high-visibility 
        enforcement mobilizations, including paid media that emphasizes 
        publicity for the program, and law enforcement;
            ``(2) carry out a program to train occupant protection 
        safety professionals, police officers, fire and emergency 
        medical personnel, educators, and parents concerning all 
        aspects of the use of child restraints and occupant protection;
            ``(3) carry out a program to educate the public concerning 
        the proper use and installation of child restraints, including 
        related equipment and information systems;
            ``(4) carry out a program to provide community child 
        passenger safety services, including programs about proper 
        seating positions for children and how to reduce the improper 
        use of child restraints;
            ``(5) purchase and distribute child restraints to low-
        income families if not more than 5 percent of the funds 
        received in a fiscal year are used for this purpose;
            ``(6) establish and maintain information systems containing 
        data concerning occupant protection, including the collection 
        and administration of child passenger safety and occupant 
        protection surveys; and
            ``(7) carry out a program to educate the public concerning 
        the dangers of leaving children unattended in vehicles.
    ``(e) Grant Amount.--The allocation of grant funds under this 
section to a State for a fiscal year shall be in proportion to the 
State's apportionment under section 402 for fiscal year 2009.
    ``(f) Report.--A State that receives a grant under this section 
shall submit a report to the Secretary that documents the manner in 
which the grant amounts were obligated and expended and identifies the 
specific programs carried out with the grant funds. The report shall be 
in a form prescribed by the Secretary and may be combined with other 
State grant reporting requirements under chapter 4 of title 23, United 
States Code.
    ``(g) Definitions.--In this section:
            ``(1) Child restraint.--The term `child restraint' means 
        any device (including child safety seat, booster seat, harness, 
        and excepting seat belts) designed for use in a motor vehicle 
        to restrain, seat, or position children who weigh 65 pounds (30 
        kilograms) or less, and certified to the Federal motor vehicle 
        safety standard prescribed by the National Highway Traffic 
        Safety Administration for child restraints.
            ``(2) Seat belt.--The term `seat belt' means--
                    ``(A) with respect to open-body motor vehicles, 
                including convertibles, an occupant restraint system 
                consisting of a lap belt or a lap belt and a detachable 
                shoulder belt; and
                    ``(B) with respect to other motor vehicles, an 
                occupant restraint system consisting of integrated lap 
                and shoulder belts.''.
    (b) Conforming Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by striking the item relating to section 
405 and inserting the following:

``405. Combined occupant protection grants.''.

SEC. 106. STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.

    Section 408 of title 23, United States Code, is amended to read as 
follows:
``Sec. 408. State traffic safety information system improvements
    ``(a) General Authority.--Subject to the requirements of this 
section, the Secretary of Transportation shall award grants to States 
to support the development and implementation of effective State 
programs that--
            ``(1) improve the timeliness, accuracy, completeness, 
        uniformity, integration, and accessibility of the State safety 
        data that is needed to identify priorities for Federal, State, 
        and local highway and traffic safety programs;
            ``(2) evaluate the effectiveness of efforts to make such 
        improvements;
            ``(3) link the State data systems, including traffic 
        records, with other data systems within the State, such as 
        systems that contain medical, roadway, and economic data;
            ``(4) improve the compatibility and interoperability of the 
        data systems of the State with national data systems and data 
        systems of other States; and
            ``(5) enhance the ability of the Secretary to observe and 
        analyze national trends in crash occurrences, rates, outcomes, 
        and circumstances.
    ``(b) Federal Share.--The Federal share of the cost of adopting and 
implementing in a fiscal year a State program described in this section 
may not exceed 80 percent.
    ``(c) Eligibility.--A State is not eligible for a grant under this 
section in a fiscal year unless the State demonstrates, to the 
satisfaction of the Secretary, that the State--
            ``(1) has a functioning traffic records coordinating 
        committee (referred to in this subsection as `TRCC') that meets 
        at least 3 times a year;
            ``(2) has designated a TRCC coordinator;
            ``(3) has established a State traffic record strategic plan 
        that has been approved by the TRCC and describes specific 
        quantifiable and measurable improvements anticipated in the 
        State's core safety databases, including crash, citation or 
        adjudication, driver, emergency medical services or injury 
        surveillance system, roadway, and vehicle databases;
            ``(4) has demonstrated quantitative progress in relation to 
        the significant data program attribute of--
                    ``(A) accuracy;
                    ``(B) completeness;
                    ``(C) timeliness;
                    ``(D) uniformity;
                    ``(E) accessibility; or
                    ``(F) integration of a core highway safety 
                database; and
            ``(5) has certified to the Secretary that an assessment of 
        the State's highway safety data and traffic records system was 
        conducted or updated during the preceding 5 years.
    ``(d) Use of Grant Amounts.--Grant funds received by a State under 
this section shall be used for making data program improvements to core 
highway safety databases related to quantifiable, measurable progress 
in any of the 6 significant data program attributes set forth in 
subsection (c)(4).
    ``(e) Grant Amount.--The allocation of grant funds under this 
section to a State for a fiscal year shall be in proportion to the 
State's apportionment under section 402 for fiscal year 2009.''.

SEC. 107. IMPAIRED DRIVING COUNTERMEASURES.

    (a) In General.--Section 410 of title 23, United States Code, is 
amended to read as follows:
``Sec. 410. Impaired driving countermeasures
    ``(a) Grants Authorized.--Subject to the requirements of this 
section, the Secretary of Transportation shall award grants to States 
that adopt and implement--
            ``(1) effective programs to reduce driving under the 
        influence of alcohol, drugs, or the combination of alcohol and 
        drugs; or
            ``(2) alcohol-ignition interlock laws.
    ``(b) Federal Share.--The Federal share of the costs of activities 
funded using amounts from grants under this section may not exceed 80 
percent in any fiscal year in which the State receives a grant.
    ``(c) Eligibility.--
            ``(1) Low-range states.--Low-range States shall be eligible 
        for a grant under this section.
            ``(2) Mid-range states.--A mid-range State shall be 
        eligible for a grant under this section if--
                    ``(A) a statewide impaired driving task force in 
                the State developed a statewide plan during the most 
                recent 3 calendar years to address the problem of 
                impaired driving; or
                    ``(B) the State will convene a statewide impaired 
                driving task force to develop such a plan during the 
                first year of the grant.
            ``(3) High-range states.--A high-range State shall be 
        eligible for a grant under this section if the State--
                    ``(A)(i) conducted an assessment of the State's 
                impaired driving program during the most recent 3 
                calendar years; or
                    ``(ii) will conduct such an assessment during the 
                first year of the grant;
                    ``(B) convenes, during the first year of the grant, 
                a statewide impaired driving task force to develop a 
                statewide plan that--
                            ``(i) addresses any recommendations from 
                        the assessment conducted under subparagraph 
                        (A);
                            ``(ii) includes a detailed plan for 
                        spending any grant funds provided under this 
                        section; and
                            ``(iii) describes how such spending 
                        supports the statewide comprehensive program;
                    ``(C)(i) submits the statewide plan to the National 
                Highway Traffic Safety Administration during the first 
                year of the grant for the agency's review and approval;
                    ``(ii) annually updates the statewide plan in each 
                subsequent year of the grant; and
                    ``(iii) submits each updated statewide plan for the 
                agency's review and comment; and
                    ``(D) appoints an impaired driving coordinator--
                            ``(i) to coordinate the State's activities 
                        to address enforcement and adjudication of laws 
                        to address driving while impaired by alcohol; 
                        and
                            ``(ii) to oversee the implementation of the 
                        statewide plan.
    ``(d) Use of Grant Amounts.--
            ``(1) Required programs.--High-range States shall use grant 
        funds for--
                    ``(A) high visibility enforcement efforts; and
                    ``(B) any of the activities described in paragraph 
                (2) if--
                            ``(i) the activity is described in the 
                        statewide plan; and
                            ``(ii) the Secretary approves the use of 
                        funding for such activity.
            ``(2) Authorized programs.--Medium-range and low-range 
        States may use grant funds for--
                    ``(A) any of the purposes described in paragraph 
                (1);
                    ``(B) paid and earned media in support of high 
                visibility enforcement efforts;
                    ``(C) hiring a full-time impaired driving 
                coordinator of the State's activities to address the 
                enforcement and adjudication of laws regarding driving 
                while impaired by alcohol;
                    ``(D) court support of high visibility enforcement 
                efforts;
                    ``(E) alcohol ignition interlock programs;
                    ``(F) improving blood-alcohol concentration testing 
                and reporting;
                    ``(G) establishing driving while intoxicated 
                courts;
                    ``(H) conducting--
                            ``(i) standardized field sobriety training;
                            ``(ii) advanced roadside impaired driving 
                        evaluation training; and
                            ``(iii) drug recognition expert training 
                        for law enforcement;
                    ``(I) training and education of criminal justice 
                professionals (including law enforcement, prosecutors, 
                judges and probation officers) to assist such 
                professionals in handling impaired driving cases;
                    ``(J) traffic safety resource prosecutors;
                    ``(K) judicial outreach liaisons;
                    ``(L) equipment and related expenditures used in 
                connection with impaired driving enforcement in 
                accordance with criteria established by the National 
                Highway Traffic Safety Administration;
                    ``(M) training on the use of alcohol screening and 
                brief intervention; and
                    ``(N) developing impaired driving information 
                systems.
            ``(3) Other programs.--Low-range States may use grant funds 
        for any expenditure designed to reduce impaired driving based 
        on problem identification.
    ``(e) Grant Amount.--Subject to subsection (g), the allocation of 
grant funds to a State under this section for a fiscal year shall be in 
proportion to the State's apportionment under section 402(c) for fiscal 
year 2009.
    ``(f) Changes in the Average Impaired Driving Fatality Rate.--The 
Secretary, acting through the Administrator of the National Highway 
Traffic Safety Administration, may change the average impaired driving 
fatality rate that establishes the Low-range, Mid-range, and High-range 
under this section every 3 years, based upon changing conditions across 
the Nation.
    ``(g) Grants to States That Adopt and Enforce Mandatory Alcohol-
Ignition Interlock Laws.--
            ``(1) In general.--The Secretary shall make a separate 
        grant under this section to each State that adopts and is 
        enforcing a mandatory alcohol-ignition interlock law for all 
        individuals convicted of driving under the influence of alcohol 
        or of driving while intoxicated.
            ``(2) Use of funds.--Such grants may be used by recipient 
        States only for costs associated with the State's alcohol-
        ignition interlock program, including screening, assessment, 
        and program and offender oversight.
            ``(3) Allocation.--Funds made available under this 
        subsection shall be allocated among States described in 
        paragraph (1) on the basis of the apportionment formula under 
        section 402(c).
            ``(4) Funding.--Not more than 15 percent of the amounts 
        made available to carry out this section in a fiscal year shall 
        be made available by the Secretary for making grants under this 
        subsection.
    ``(h) Definitions.--In this section:
            ``(1) Average impaired driving fatality rate.--The term 
        `average impaired driving fatality rate' means the number of 
        fatalities in motor vehicle crashes involving a driver with a 
        blood alcohol concentration of at least 0.08 for every 
        100,000,000 vehicle miles traveled, based on the most recently 
        reported 3 calendar years of final data from the Fatality 
        Analysis Reporting System, as calculated in accordance with 
        regulations prescribed by the Administrator of the National 
        Highway Traffic Safety Administration.
            ``(2) High-range state.--The term `high-range State' means 
        a State that has an average impaired driving fatality rate of 
        0.60 or higher.
            ``(3) Low-range state.--The term `low-range State' means a 
        State that has an average impaired driving fatality rate of 
        0.30 or lower.
            ``(4) Mid-range state.--The term `mid-range State' means a 
        State that has an average impaired driving fatality rate that 
        is higher than 0.30 and lower than 0.60.''.
    (b) Conforming Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by striking the item relating to section 
410 and inserting the following:

``410. Impaired driving countermeasures.''.

SEC. 108. DISTRACTED DRIVING GRANTS.

    (a) In General.--Section 411 of title 23, United States Code, is 
amended to read as follows:
``Sec. 411. Distracted driving grants
    ``(a) In General.--The Secretary shall award a grant under this 
section to any State that enacts and enforces a statute that meets the 
requirements set forth in subsections (b) and (c).
    ``(b) Prohibition on Texting While Driving.--A State statute meets 
the requirements set forth in this subsection if the statute--
            ``(1) prohibits drivers from texting through a personal 
        wireless communications device while driving;
            ``(2) makes violation of the statute a primary offense;
            ``(3) establishes--
                    ``(A) a minimum fine for a first violation of the 
                statute; and
                    ``(B) increased fines for repeat violations; and
            ``(4) provides increased civil and criminal penalties than 
        would otherwise apply if a vehicle accident is caused by a 
        driver who is using such a device in violation of the statute.
    ``(c) Prohibition on Youth Cell Phone Use While Driving.--A State 
statute meets the requirements set forth in this subsection if the 
statute--
            ``(1) prohibits a driver who is younger than 18 years of 
        age from using a personal wireless communications device while 
        driving;
            ``(2) makes violation of the statute a primary offense;
            ``(3) requires distracted driving issues to be tested as 
        part of the State driver's license examination;
            ``(4) establishes--
                    ``(A) a minimum fine for a first violation of the 
                statute; and
                    ``(B) increased fines for repeat violations; and
            ``(5) provides increased civil and criminal penalties than 
        would otherwise apply if a vehicle accident is caused by a 
        driver who is using such a device in violation of the statute.
    ``(d) Permitted Exceptions.--A statute that meets the requirements 
set forth in subsections (b) and (c) may provide exceptions for--
            ``(1) a driver who uses a personal wireless communications 
        device to contact emergency services;
            ``(2) emergency services personnel who use a personal 
        wireless communications device while--
                    ``(A) operating an emergency services vehicle; and
                    ``(B) engaged in the performance of their duties as 
                emergency services personnel; and
            ``(3) an individual employed as a commercial motor vehicle 
        driver or a school bus driver who uses a personal wireless 
        communications device within the scope of such individual's 
        employment if such use is permitted under the regulations 
        promulgated pursuant to section 31152 of title 49.
    ``(e) Use of Grant Funds.--Of the grant funds received by a State 
under this section--
            ``(1) at least 50 percent shall be used--
                    ``(A) to educate the public through advertising 
                containing information about the dangers of texting or 
                using a cell phone while driving;
                    ``(B) for traffic signs that notify drivers about 
                the distracted driving law of the State; or
                    ``(C) for law enforcement costs related to the 
                enforcement of the distracted driving law; and
            ``(2) up to 50 percent may be used for other projects 
        that--
                    ``(A) improve traffic safety; and
                    ``(B) are consistent with the criteria set forth in 
                section 402(a).
    ``(f) Additional Grants.--In fiscal year 2012, the Secretary may 
use up to 25 percent of the funding available for grants under this 
section to award grants to States that--
            ``(1) enacted statutes before July 1, 2011, which meet the 
        requirements under paragraphs (1) and (2) of subsection (b); 
        and
            ``(2) are otherwise ineligible for a grant under this 
        section.
    ``(g) Definitions.--In this section:
            ``(1) Driving.--The term `driving'--
                    ``(A) means operating a motor vehicle on a public 
                road, including operation while temporarily stationary 
                because of traffic, a traffic light or stop sign, or 
                otherwise; and
                    ``(B) does not include operating a motor vehicle 
                when the vehicle has pulled over to the side of, or 
                off, an active roadway and has stopped in a location 
                where it can safely remain stationary.
            ``(2) Personal wireless communications device.--The term 
        `personal wireless communications device'--
                    ``(A) means a device through which personal 
                wireless services (as defined in section 
                332(c)(7)(C)(i) of the Communications Act of 1934 (47 
                U.S.C. 332(c)(7)(C)(i))) are transmitted; and
                    ``(B) does not include a global navigation 
                satellite system receiver used for positioning, 
                emergency notification, or navigation purposes.
            ``(3) Primary offense.--The term `primary offense' means an 
        offense for which a law enforcement officer may stop a vehicle 
        solely for the purpose of issuing a citation in the absence of 
        evidence of another offense.
            ``(4) Public road.--The term `public road' has the meaning 
        given that term in section 402(c).
            ``(5) Texting.--The term `texting' means reading from or 
        manually entering data into a personal wireless communications 
        device, including doing so for the purpose of SMS texting, e-
        mailing, instant messaging, or engaging in any other form of 
        electronic data retrieval or electronic data communication.''.
    (b) Conforming Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by striking the item relating to section 
411 and inserting the following:

``411. Distracted driving grants.''.

SEC. 109. HIGH VISIBILITY ENFORCEMENT PROGRAM.

    Section 2009 of SAFETEA-LU (Public Law 109-59; 23 U.S.C. 402 note) 
is amended--
            (1) in subsection (a)--
                    (A) by striking ``at least 2'' and inserting ``at 
                least 3''; and
                    (B) by striking ``years 2006 through 2009.'' and 
                inserting ``fiscal years 2012 and 2013. The 
                Administrator may also initiate and support additional 
                campaigns in each of fiscal years 2012 and 2013 for the 
                purposes specified in subsection (b).'';
            (2) in subsection (b) by striking ``either or both'' and 
        inserting ``outcomes related to at least 1'';
            (3) in subsection (c), by inserting ``and Internet-based 
        outreach'' after ``print media advertising'';
            (4) in subsection (e), by striking ``subsections (a), (c), 
        and (f)'' and inserting ``subsection (c)'';
            (5) by striking subsection (f); and
            (6) by redesignating subsection (g) as subsection (f).

SEC. 110. MOTORCYCLIST SAFETY.

    Section 2010 of SAFETEA-LU (Public Law 109-59; 23 U.S.C. 402 note) 
is amended--
            (1) by striking subsections (b) and (g);
            (2) by redesignating subsections (c), (d), (e), and (f) as 
        subsections (b), (c), (d), and (e), respectively; and
            (3) in subsection (c)(1), as redesignated by striking ``to 
        the satisfaction of the Secretary--'' and all that follows and 
        inserting ``, to the satisfaction of the Secretary, at least 2 
        of the 6 criteria listed in paragraph (2).''.

SEC. 111. DRIVER ALCOHOL DETECTION SYSTEM FOR SAFETY RESEARCH.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 413. In-vehicle alcohol detection device research
    ``(a) In General.--The Administrator of the National Highway 
Traffic Safety Administration shall carry out a collaborative research 
effort under chapter 301 of title 49, United States Code, to continue 
to explore the feasibility and the potential benefits of, and the 
public policy challenges associated with, more widespread deployment of 
in-vehicle technology to prevent alcohol-impaired driving.
    ``(b) Reports.--The Administrator shall submit a report annually to 
the Senate Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and 
Infrastructure--
            ``(1) describing progress in carrying out the collaborative 
        research effort; and
            ``(2) including an accounting for the use of Federal funds 
        obligated or expended in carrying out that effort.
    ``(c) Definitions.--In this title:
            ``(1) Alcohol-impaired driving.--The term `alcohol-impaired 
        driving' means operation of a motor vehicle (as defined in 
        section 30102(a)(6) of title 49, United States Code) by an 
        individual whose blood alcohol content is at or above the legal 
        limit.
            ``(2) Legal limit.--The term `legal limit' means a blood 
        alcohol concentration of 0.08 percent or greater (as specified 
        by chapter 163 of title 23, United States Code) or such other 
        percentage limitation as may be established by applicable 
        Federal, State, or local law.''.
    (b) Clerical Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 412 the following:

``413. In-vehicle alcohol detection device research.''.

SEC. 112. STATE GRADUATED DRIVER LICENSING LAWS.

    (a) In General.--Chapter 4 of title 23, United States Code, as 
amended by this Act, is further amended by adding at the end the 
following:
``Sec. 414. State Graduated Driver Licensing Incentive Grant
    ``(a) Grants Authorized.--Subject to the requirements of this 
section, the Secretary shall award grants to States that adopt and 
implement graduated driver licensing laws in accordance with the 
requirements set forth in subsection (b).
    ``(b) Minimum Requirements.--
            ``(1) In general.--A State meets the requirements set forth 
        in this subsection if the State has a graduated driver 
        licensing law that requires novice drivers younger than 21 
        years of age to comply with the 2-stage licensing process 
        described in paragraph (2) before receiving an unrestricted 
        driver's license.
            ``(2) Licensing process.--A State is in compliance with the 
        2-stage licensing process described in this paragraph if the 
        State's driver's license laws include--
                    ``(A) a learner's permit stage that--
                            ``(i) is at least 6 months in duration;
                            ``(ii) prohibits the driver from using a 
                        cellular telephone or any communications device 
                        in a nonemergency situation; and
                            ``(iii) remains in effect until the 
                        driver--
                                    ``(I) reaches 16 years of age and 
                                enters the intermediate stage; or
                                    ``(II) reaches 18 years of age;
                    ``(B) an intermediate stage that--
                            ``(i) commences immediately after the 
                        expiration of the learner's permit stage;
                            ``(ii) is at least 6 months in duration;
                            ``(iii) prohibits the driver from using a 
                        cellular telephone or any communications device 
                        in a nonemergency situation;
                            ``(iv) restricts driving at night;
                            ``(v) prohibits the driver from operating a 
                        motor vehicle with more than 1 nonfamilial 
                        passenger younger than 21 years of age unless a 
                        licensed driver who is at least 21 years of age 
                        is in the motor vehicle; and
                            ``(vi) remains in effect until the driver 
                        reaches 18 years of age; and
                    ``(C) any other requirement prescribed by the 
                Secretary of Transportation, including--
                            ``(i) in the learner's permit stage--
                                    ``(I) at least 40 hours of behind-
                                the-wheel training with a licensed 
                                driver who is at least 21 years of age;
                                    ``(II) a driver training course; 
                                and
                                    ``(III) a requirement that the 
                                driver be accompanied and supervised by 
                                a licensed driver, who is at least 21 
                                years of age, at all times while such 
                                driver is operating a motor vehicle; 
                                and
                            ``(ii) in the learner's permit or 
                        intermediate stage, a requirement, in addition 
                        to any other penalties imposed by State law, 
                        that the grant of an unrestricted driver's 
                        license be automatically delayed for any 
                        individual who, during the learner's permit or 
                        intermediate stage, is convicted of a driving-
                        related offense, including--
                                    ``(I) driving while intoxicated;
                                    ``(II) misrepresentation of his or 
                                her true age;
                                    ``(III) reckless driving;
                                    ``(IV) driving without wearing a 
                                seat belt;
                                    ``(V) speeding; or
                                    ``(VI) any other driving-related 
                                offense, as determined by the 
                                Secretary.
    ``(c) Rulemaking.--
            ``(1) In general.--The Secretary shall promulgate 
        regulations necessary to implement the requirements under 
        subsection (b), in accordance with the notice and comment 
        provisions under section 553 of title 5, United States Code.
            ``(2) Exception.--A State that otherwise meets the minimum 
        requirements set forth in subsection (b) shall be deemed by the 
        Secretary to be in compliance with the requirement set forth in 
        subsection (b) if the State enacted a law before January 1, 
        2011, establishing a class of license that permits licensees or 
        applicants younger than 18 years of age to drive a motor 
        vehicle--
                    ``(A) in connection with work performed on, or for 
                the operation of, a farm owned by family members who 
                are directly related to the applicant or licensee; or
                    ``(B) if demonstrable hardship would result from 
                the denial of a license to the licensees or applicants.
    ``(d) Allocation.--Grant funds allocated to a State under this 
section for a fiscal year shall be in proportion to a State's 
apportionment under section 402 for such fiscal year.
    ``(e) Use of Funds.--Grant funds received by a State under this 
section may be used for--
            ``(1) enforcing a 2-stage licensing process that complies 
        with subsection (b)(2);
            ``(2) training for law enforcement personnel and other 
        relevant State agency personnel relating to the enforcement 
        described in paragraph (1);
            ``(3) publishing relevant educational materials that 
        pertain directly or indirectly to the State graduated driver 
        licensing law;
            ``(4) carrying out other administrative activities that the 
        Secretary considers relevant to the State's 2-stage licensing 
        process; and
            ``(5) carrying out a teen traffic safety program described 
        in section 402(m).''.

SEC. 113. AGENCY ACCOUNTABILITY.

    Section 412 of title 23, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Triennial State Management Reviews.--
            ``(1) In general.--Except as provided under paragraph (2), 
        the Secretary shall conduct a review of each State highway 
        safety program at least once every 3 years.
            ``(2) Exceptions.--The Secretary may conduct reviews of the 
        highway safety programs of the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands as often as the Secretary determines to be 
        appropriate.
            ``(3) Components.--Reviews under this subsection shall 
        include--
                    ``(A) a management evaluation of all grant programs 
                funded under this chapter;
                    ``(B) an assessment of State data collection and 
                evaluation relating to performance measures established 
                by the Secretary;
                    ``(C) a comparison of State efforts under 
                subparagraphs (A) and (B) to best practices and 
                programs that have been evaluated for effectiveness; 
                and
                    ``(D) the development of recommendations on how 
                each State could--
                            ``(i) improve the management and oversight 
                        of its grant activities; and
                            ``(ii) provide a management and oversight 
                        plan for such grant programs.''; and
            (2) by striking subsection (f).

SEC. 114. EMERGENCY MEDICAL SERVICES.

    Section 10202 of Public Law 109-59 (42 U.S.C. 300d-4) is amended by 
adding at the end the following:
    ``(b) National Emergency Medical Services Advisory Council.--
            ``(1) Establishment.--The Secretary of Transportation, in 
        coordination with the Secretary of Health and Human Services 
        and the Secretary of Homeland Security, shall establish a 
        National Emergency Medical Services Advisory Council (referred 
        to in this subsection as the `Advisory Council').
            ``(2) Membership.--The Advisory Council shall be composed 
        of 25 members, who--
                    ``(A) shall be appointed by the Secretary of 
                Transportation; and
                    ``(B) shall collectively be representative of all 
                sectors of the emergency medical services community.
            ``(3) Purposes.--The purposes of the Advisory Council are 
        to advise and consult with--
                    ``(A) the Federal Interagency Committee on 
                Emergency Medical Services on matters relating to 
                emergency medical services issues; and
                    ``(B) the Secretary of Transportation on matters 
                relating to emergency medical services issues affecting 
                the Department of Transportation.
            ``(4) Administration.--The Administrator of the National 
        Highway Traffic Safety Administration shall provide 
        administrative support to the Advisory Council, including 
        scheduling meetings, setting agendas, keeping minutes and 
        records, and producing reports.
            ``(5) Leadership.--The members of the Advisory Council 
        shall annually select a chairperson of the Council.
            ``(6) Meetings.--The Advisory Council shall meet as 
        frequently as is determined necessary by the chairperson of the 
        Council.
            ``(7) Annual reports.--The Advisory Council shall prepare 
        an annual report to the Secretary of Transportation regarding 
        the Council's actions and recommendations.''.

SEC. 115. EFFECTIVE DATE.

    Sections 102 through 114, and the amendments and repeals made by 
such sections, shall take effect on October 1, 2011.

                 TITLE II--ENHANCED SAFETY AUTHORITIES

SEC. 201. DEFINITION OF MOTOR VEHICLE EQUIPMENT.

    Section 30102(a)(7)(C) of title 49, United States Code, is amended 
to read as follows:
                    ``(C) any device or an article or apparel, 
                including a motorcycle helmet and excluding medicine or 
                eyeglasses prescribed by a licensed practitioner, 
                that--
                            ``(i) is not a system, part, or component 
                        of a motor vehicle; and
                            ``(ii) is manufactured, sold, delivered, or 
                        offered to be sold for use on public streets, 
                        roads, and highways with the apparent purpose 
                        of safeguarding motor vehicles and highway 
                        users against risk of accident, injury, or 
                        death.''.

SEC. 202. PERMIT REMINDER SYSTEM FOR NON-USE OF SAFETY BELTS.

    (a) In General.--Chapter 301 of title 49, United States Code, is 
amended--
            (1) in section 30122, by striking subsection (d); and
            (2) by amending section 30124 to read as follows:
``Sec. 30124. Nonuse of safety belts
    ``A motor vehicle safety standard prescribed under this chapter may 
not require a manufacturer to comply with the standard by using a 
safety belt interlock designed to prevent starting or operating a motor 
vehicle if an occupant is not using a safety belt.''.
    (b) Conforming Amendment.--The analysis for chapter 301 of title 
49, United States Code, is amended by striking the item relating to 
section 30124 and inserting the following:

``Sec. 30124. Nonuse of safety belts.''.

SEC. 203. CIVIL PENALTIES.

    (a) In General.--Section 30165 of title 49, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``30123(d)'' and inserting 
                        ``30123(a)''; and
                            (ii) by striking ``$15,000,000'' and 
                        inserting ``$250,000,000''; and
                    (B) in paragraph (3), by striking ``$15,000,000'' 
                and inserting ``$250,000,000''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) Relevant Factors in Determining Amount of Penalty or 
Compromise.--In determining the amount of a civil penalty or compromise 
under this section, the Secretary of Transportation shall consider the 
nature, circumstances, extent, and gravity of the violation. Such 
determination shall include, as appropriate--
            ``(1) the nature of the defect or noncompliance;
            ``(2) knowledge by the person charged of its obligation to 
        recall or notify the public;
            ``(3) the severity of the risk of injury;
            ``(4) the occurrence or absence of injury;
            ``(5) the number of motor vehicles or items of motor 
        vehicle equipment distributed with the defect or noncompliance;
            ``(6) the existence of an imminent hazard;
            ``(7) actions taken by the person charged to identify, 
        investigate, or mitigate the condition;
            ``(8) the appropriateness of such penalty in relation to 
        the size of the business of the person charged, including the 
        potential for undue adverse economic impacts;
            ``(9) whether the person has previously been assessed civil 
        penalties under this section during the most recent 5 years; 
        and
            ``(10) other appropriate factors.''.
    (b) Civil Penalty Criteria.--Not later than 1 year after the date 
of the enactment of this Act, the Secretary shall issue a final rule, 
in accordance with the procedures of section 553 of title 5, United 
States Code, which provides an interpretation of the penalty factors 
described in section 30165(c) of title 49, United States Code.
    (c) Construction.--Nothing in this section may be construed as 
preventing the imposition of penalties under section 30165 of title 49, 
United States Code, before the issuance of a final rule under 
subsection (b).

SEC. 204. MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT.

    (a) In General.--Chapter 301 of title 49, United States Code, is 
amended by adding at the end the following:

     ``SUBCHAPTER V--MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT

``Sec. 30181. Policy
    ``The Secretary of Transportation shall conduct research, 
development, and testing on any area or aspect of motor vehicle safety 
necessary to carry out this chapter.
``Sec. 30182. Powers and duties
    ``(a) In General.--The Secretary of Transportation shall--
            ``(1) conduct motor vehicle safety research, development, 
        and testing programs and activities, including new and emerging 
        technologies that impact or may impact motor vehicle safety;
            ``(2) collect and analyze all types of motor vehicle and 
        highway safety data and related information to determine the 
        relationship between motor vehicle or motor vehicle equipment 
        performance characteristics and--
                    ``(A) accidents involving motor vehicles; and
                    ``(B) deaths or personal injuries resulting from 
                those accidents;
            ``(3) promote, support, and advance the education and 
        training of motor vehicle safety staff of the National Highway 
        Traffic Safety Administration, including using program funds 
        for--
                    ``(A) planning, implementing, conducting, and 
                presenting results of program activities; and
                    ``(B) travel and related expenses;
            ``(4) obtain experimental and other motor vehicles and 
        motor vehicle equipment for research or testing;
            ``(5)(A) use any test motor vehicles and motor vehicle 
        equipment suitable for continued use, as determined by the 
        Secretary to assist in carrying out this chapter or any other 
        chapter of this title; or
            ``(B) sell or otherwise dispose of test motor vehicles and 
        motor vehicle equipment and use the resulting proceeds to carry 
        out this chapter;
            ``(6) award grants to States and local governments, 
        interstate authorities, and nonprofit institutions; and
            ``(7) enter into cooperative agreements, collaborative 
        research, or contracts with Federal agencies, interstate 
        authorities, State and local governments, other public 
        entities, private organizations and persons, nonprofit 
        institutions, colleges and universities, consumer advocacy 
        groups, corporations, partnerships, sole proprietorships, trade 
        associations, Federal laboratories (including government-owned, 
        government-operated laboratories and government-owned, 
        contractor-operated laboratories), and foreign governments and 
        research organizations.
    ``(b) Use of Public Agencies.--In carrying out this subchapter, the 
Secretary shall avoid duplication by using the services, research, and 
testing facilities of public agencies, as appropriate.
    ``(c) Facilities.--The Secretary may plan, design, and build a new 
facility or modify an existing facility to conduct research, 
development, and testing in traffic safety, highway safety, and motor 
vehicle safety.
    ``(d) Availability of Information, Patents, and Developments.--When 
the United States Government makes more than a minimal contribution to 
a research or development activity under this chapter, the Secretary 
shall include in the arrangement for the activity a provision to ensure 
that all information, patents, and developments related to the activity 
are available to the public without charge. The owner of a background 
patent may not be deprived of a right under the patent.
``Sec. 30183. Public health authority
    ``For purposes of collecting and analyzing medical data for 
transportation safety research under this chapter or chapter 4 of title 
23, the term `public health authority' (as defined in section 164.501 
of title 45, Code of Federal Regulations), shall include the National 
Highway Traffic Safety Administration. Any `protected health 
information' (as defined in section 160.103 of title 45, Code of 
Federal Regulations) collected or received by the National Highway 
Traffic Safety Administration in its capacity as a public health 
authority may not be subject to discovery, be admitted into evidence, 
or be used in any administrative, civil, criminal, or other judicial 
proceeding.
``Sec. 30184. Prohibition on certain disclosures
    ``Any report of the National Highway Traffic Safety Administration, 
or of any officer, employee, or contractor of the National Highway 
Traffic Safety Administration, relating to any highway traffic accident 
or the investigation of such accident conducted pursuant to this 
chapter or section 403 of title 23, shall be made available to the 
public in a manner that does not identify individuals.''.
    (b) Conforming Amendments.--
            (1) Amendment of chapter analysis.--The chapter analysis 
        for chapter 301 of title 49, United States Code, is amended by 
        adding at the end the following:

      ``subchapter v--motor vehicle safety research and development

``30181. Policy.
``30182. Powers and duties.
``30183. Public health authority.
``30184. Prohibition on certain disclosures.''.
            (2) Deletion of redundant material.--Chapter 301 of title 
        49, United States Code, is amended--
                    (A) in the chapter analysis, by striking the item 
                relating to section 30168; and
                    (B) by striking section 30168.

SEC. 205. ODOMETER REQUIREMENTS DEFINITION.

    Section 32702(5) of title 49, United States Code, is amended by 
inserting ``or system of components'' after ``instrument''.

SEC. 206. ELECTRONIC DISCLOSURES OF ODOMETER INFORMATION.

    Section 32705 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(g) Electronic Disclosures.--In carrying out this section, the 
Secretary may prescribe regulations permitting any written disclosures 
or notices and related matters to be provided electronically.''.

SEC. 207. INCREASED PENALTIES AND DAMAGES FOR ODOMETER FRAUD.

    Chapter 327 of title 49, United States Code, is amended--
            (1) in section 32709(a)(1)--
                    (A) by striking ``$2,000'' and inserting 
                ``$10,000''; and
                    (B) by striking ``$100,000'' and inserting 
                ``$1,000,000''; and
            (2) in section 32710(a), by striking ``$1,500'' and 
        inserting ``$10,000''.

SEC. 208. EXTEND PROHIBITIONS ON IMPORTING NONCOMPLIANT VEHICLES AND 
              EQUIPMENT TO DEFECTIVE VEHICLES AND EQUIPMENT.

    Section 30112 of title 49, United States Code, is amended--
            (1) in subsection (a), by adding at the end the following:
    ``(3) Except as provided in this section, section 30114, 
subsections (i) and (j) of section 30120, and subchapter III, a person 
may not sell, offer for sale, introduce or deliver for introduction in 
interstate commerce, or import into the United States any motor vehicle 
or motor vehicle equipment if the vehicle or equipment contains a 
defect related to motor vehicle safety about which notice was given 
under section 30118(c) or an order was issued under section 30118(b). 
Nothing in this paragraph may be construed to prohibit the importation 
of a new motor vehicle that receives a required recall remedy before 
being sold to a consumer in the United States.''; and
            (2) in subsection (b)(2)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by adding ``or'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(C) having no reason to know, despite exercising 
                reasonable care, that a motor vehicle or motor vehicle 
                equipment contains a defect related to motor vehicle 
                safety about which notice was given under section 
                30118(c) or an order was issued under section 
                30118(b);''.

SEC. 209. FINANCIAL RESPONSIBILITY REQUIREMENTS FOR IMPORTERS.

    Chapter 301 of title 49, United States Code, is amended--
            (1) in the chapter analysis, by striking the item relating 
        to subchapter III and inserting the following:

       ``subchapter iii--importing motor vehicles and equipment'';

            (2) in the heading for subchapter III, by striking 
        ``NONCOMPLYING''; and
            (3) in section 30147, by amending subsection (b) to read as 
        follows:
    ``(b) Financial Responsibility Requirement.--
            ``(1) Rulemaking.--The Secretary of Transportation may 
        issue regulations requiring each person that imports a motor 
        vehicle or motor vehicle equipment into the customs territory 
        of the United States, including a registered importer (or any 
        successor in interest), provide and maintain evidence, 
        satisfactory to the Secretary, of sufficient financial 
        responsibility to meet its obligations under section 30117(b), 
        sections 30118 through 30121, and section 30166(f).
            ``(2) Refusal of admission.--If the Secretary of 
        Transportation believes that a person described in paragraph 
        (1) has not provided and maintained evidence of sufficient 
        financial responsibility to meet the obligations referred to in 
        paragraph (1), the Secretary of Homeland Security may refuse 
        the admission into the customs territory of the United States 
        of any motor vehicle or motor vehicle equipment imported by the 
        person.''.

SEC. 210. CONDITIONS ON IMPORTATION OF VEHICLES AND EQUIPMENT.

    Chapter 301 of title 49, United States Code, is amended--
            (1) in the chapter analysis, by striking the item relating 
        to section 30164 and inserting the following:

``30164. Service of process; conditions on importation of vehicles and 
                            equipment.'';
        and
            (2) in section 30164--
                    (A) in the section heading, by adding ``; 
                conditions on importation of vehicles and equipment'' 
                at the end; and
                    (B) by adding at the end the following:
    ``(c) Identifying Information.--A manufacturer (including an 
importer) offering a motor vehicle or motor vehicle equipment for 
import shall identify--
            ``(1) the product by name, the manufacturer's address, or 
        such other identifying information as the Secretary may, by 
        rule, request; and
            ``(2) each retailer or distributor to which the 
        manufacturer directly supplied motor vehicles or motor vehicle 
        equipment over which the Secretary has jurisdiction under this 
        chapter.
    ``(d) Rulemaking.--The Secretary may issue regulations that--
            ``(1) condition the import of a motor vehicle or motor 
        vehicle equipment on the manufacturer's compliance with--
                    ``(A) the requirements under this section;
                    ``(B) any rules issued with respect to such 
                requirements; or
                    ``(C) any other requirements under this chapter or 
                rules issued with respect to such requirements;
            ``(2) provide an opportunity for the manufacturer to 
        present information before the Secretary's determination as to 
        whether the manufacturer's imports should be restricted; and
            ``(3) establish a process by which a manufacturer may 
        petition for reinstatement of its ability to import motor 
        vehicles or motor vehicle equipment.''.

SEC. 211. PORT INSPECTIONS; SAMPLES FOR EXAMINATION OR TESTING.

    Section 30166(c) of title 49, United States Code, is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by inserting ``(including 
                at United States ports of entry)'' after ``held for 
                introduction in interstate commerce''; and
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) shall obtain from the Secretary of Homeland Security 
        without charge, upon the request of the Secretary of 
        Transportation, a reasonable number of samples of motor vehicle 
        equipment being offered for import; and
            ``(5) shall instruct the Secretary of Homeland Security to 
        refuse admission of the motor vehicle equipment into the 
        customs territory of the United States if the Secretary of 
        Transportation determines, after examination of the samples 
        obtained under paragraph (4) or through other means, that such 
        refusal is warranted due to noncompliance with--
                    ``(A) this chapter;
                    ``(B) a regulation prescribed under this chapter; 
                or
                    ``(C) an order issued under this chapter.''.

               TITLE III--TRANSPARENCY AND ACCOUNTABILITY

SEC. 301. IMPROVED NHTSA VEHICLE SAFETY DATABASE.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary shall improve public accessibility 
to information on the National Highway Traffic Safety Administration's 
publicly accessible vehicle safety databases by--
            (1) improving organization and functionality, including 
        modern web design features, and allowing for data to be 
        searched, aggregated, and downloaded;
            (2) providing greater consistency in presentation of 
        vehicle safety issues; and
            (3) improving searchability about specific vehicles and 
        issues through standardization of commonly used search terms.
    (b) Vehicle Recall Information.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary shall require that 
        motor vehicle safety recall information--
                    (A) is available to the public on the Internet;
                    (B) is searchable by vehicle make and model and 
                vehicle identification number;
                    (C) is in a format that preserves consumer privacy; 
                and
                    (D) includes information about each recall that has 
                not been completed for each vehicle.
            (2) Rulemaking.--The Secretary may initiate a rulemaking 
        proceeding to require each manufacturer to provide the 
        information described in paragraph (1), with respect to that 
        manufacturer's motor vehicles, at no cost on a publicly 
        accessible Internet website.
            (3) Database awareness promotion activities.--The 
        Secretary, in consultation with the heads of other relevant 
        agencies, shall promote consumer awareness of the information 
        made available to the public pursuant to this subsection.

SEC. 302. NHTSA HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC 
              PERSONNEL.

    The Secretary shall--
            (1) establish a means by which mechanics, passenger motor 
        vehicle dealership personnel, and passenger motor vehicle 
        manufacturer personnel may directly and confidentially contact 
        the National Highway Traffic Safety Administration to report 
        potential passenger motor vehicle safety defects; and
            (2) publicize the means for contacting the National Highway 
        Traffic Safety Administration in a manner that targets 
        mechanics, passenger motor vehicle dealership personnel, and 
        manufacturer personnel.

SEC. 303. CONSUMER NOTICE OF SOFTWARE UPDATES AND OTHER COMMUNICATIONS 
              WITH DEALERS.

    (a) Internet Accessibility.--Section 30166(f) of title 49, United 
States Code, is amended--
            (1) by striking ``A manufacturer shall give the Secretary 
        of Transportation'' and inserting the following:
            ``(1) In general.--A manufacturer shall give the Secretary 
        of Transportation, and make available on a publicly accessible 
        Internet website,''; and
            (2) by adding at the end the following:
            ``(2) Notices.--Communications required to be submitted to 
        the Secretary and made available on a publicly accessible 
        Internet website under this subsection shall include all 
        notices to dealerships of software upgrades and modifications 
        recommended by a manufacturer for all previously sold vehicles. 
        Notice is required even if the software upgrade or modification 
        is not related to a safety defect or noncompliance with a motor 
        vehicle safety standard. The notice shall include a plain 
        language description of the purpose of the update and that 
        description shall be prominently placed at the beginning of the 
        notice.
            ``(3) Index.--Communications required to be submitted to 
        the Secretary under this subsection shall be accompanied by an 
        index to each communication, which--
                    ``(A) identifies the make, model, and model year of 
                the affected vehicles;
                    ``(B) includes a concise summary of the subject 
                matter of the communication; and
                    ``(C) shall be made available by the Secretary to 
                the public on the Internet in a searchable format.''.

SEC. 304. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

    Section 30166(m) of title 49, United States Code, is amended--
            (1) in paragraph (3)(A), by amending clause (ii) to read as 
        follows:
                            ``(ii) customer satisfaction campaigns, 
                        customer advisories, recalls, consumer 
                        complaints, warranty claims, field reports, 
                        technical service bulletins, or other activity 
                        involving the repair or replacement of motor 
                        vehicles or motor vehicle equipment.''; and
            (2) in paragraph (4), by amending subparagraph (C) to read 
        as follows:
                    ``(C) Disclosure.--
                            ``(i) In general.--The information provided 
                        to the Secretary pursuant to this subsection 
                        shall be disclosed publicly unless exempt from 
                        disclosure under section 552(b) of title 5.
                            ``(ii) Presumption.--In administering this 
                        subparagraph, the Secretary shall presume in 
                        favor of maximum public availability of 
                        information.
                            ``(iii) Nonexempt information.--The 
                        Secretary shall presume that the following 
                        types of information are not exempt from 
                        disclosure under section 552(b) of title 5:
                                    ``(I) Vehicle safety defect 
                                information related to incidents 
                                involving death or injury.
                                    ``(II) Aggregated numbers of 
                                property damage claims.
                                    ``(III) Aggregated numbers of 
                                consumer complaints related to 
                                potential vehicle defects.''.

SEC. 305. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.

    (a) In General.--Section 30166 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(o) Corporate Responsibility for Reports.--
            ``(1) In general.--The Secretary shall require a senior 
        official responsible for safety in each company submitting 
        information to the Secretary in response to a request for 
        information in a safety defect or compliance investigation 
        under this chapter to certify that--
                    ``(A) the signing official has reviewed the 
                submission; and
                    ``(B) based on the official's knowledge, the 
                submission does not--
                            ``(i) contain any untrue statement of a 
                        material fact; or
                            ``(ii) omit to state a material fact 
                        necessary in order to make the statements made 
                        not misleading, in light of the circumstances 
                        under which such statements were made.
            ``(2) Notice.--The certification requirements of this 
        section shall be clearly stated on any request for information 
        under paragraph (1).''.
    (b) Civil Penalty.--Section 30165(a) of title 49, United States 
Code, is amended--
            (1) in paragraph (3), by striking ``A person'' and 
        inserting ``Except as provided in paragraph (4), a person''; 
        and
            (2) by adding at the end the following:
            ``(4) False, misleading, or incomplete reports.--A person 
        who knowingly and willfully submits materially false, 
        misleading, or incomplete information to the Secretary, after 
        certifying the same information as accurate and complete under 
        the certification process established pursuant to section 
        30166(o), shall be subject to a civil penalty of not more than 
        $5,000 per day. The maximum penalty under this paragraph for a 
        related series of daily violations is $5,000,000.''.

SEC. 306. PASSENGER MOTOR VEHICLE INFORMATION PROGRAM.

    (a) Definition.--Section 32301 of title 49, United States Code, is 
amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively;
            (2) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) `crash avoidance' means preventing a crash;''; and
            (3) in paragraph (2), as redesignated, by striking the 
        period at the end and inserting ``; and''.
    (b) Information Included.--Section 32302(a) of title 49, United 
States Code, is amended--
            (1) in paragraph (2), by inserting ``, crash avoidance, and 
        any other areas the Secretary determines will improve the 
        safety of passenger motor vehicles'' after ``crashworthiness''; 
        and
            (2) by striking paragraph (4).

SEC. 307. PROMOTION OF VEHICLE DEFECT REPORTING.

    Section 32302 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Motor Vehicle Defect Reporting Information.--
            ``(1) Rulemaking required.--Not later than 1 year after the 
        date of the enactment of the Motor Vehicle and Highway Safety 
        Improvement Act of 2011, the Secretary shall prescribe 
        regulations that require passenger motor vehicle 
        manufacturers--
                    ``(A) to affix, in the glove compartment or in 
                another readily accessible location on the vehicle, a 
                sticker, decal, or other device that provides, in 
                simple and understandable language, information about 
                how to submit a safety-related motor vehicle defect 
                complaint to the National Highway Traffic Safety 
                Administration;
                    ``(B) to prominently print the information 
                described in subparagraph (A) on a separate page within 
                the owner's manual; and
                    ``(C) to not place such information on the label 
                required under section 3 of the Automobile Information 
                Disclosure Act (15 U.S.C. 1232).
            ``(2) Application.--The requirements under paragraph (1) 
        shall apply to passenger motor vehicles manufactured in any 
        model year beginning more than 1 year after the date on which a 
        final rule is published under paragraph (1).''.

SEC. 308. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE MANUFACTURERS, 
              PART SUPPLIERS, AND DEALERSHIP EMPLOYEES.

    (a) In General.--Subchapter IV of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 30171. Protection of employees providing motor vehicle safety 
              information
    ``(a) Discrimination Against Employees of Manufacturers, Part 
Suppliers, and Dealerships.--No motor vehicle manufacturer, part 
supplier, or dealership may discharge an employee or otherwise 
discriminate against an employee with respect to compensation, terms, 
conditions, or privileges of employment because the employee (or any 
person acting pursuant to a request of the employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide (with any knowledge of the employer) or cause to be 
        provided to the employer or the Secretary of Transportation 
        information relating to any motor vehicle defect, 
        noncompliance, or any violation or alleged violation of any 
        notification or reporting requirement of this chapter;
            ``(2) has filed, caused to be filed, or is about to file 
        (with any knowledge of the employer) or cause to be filed a 
        proceeding relating to any violation or alleged violation of 
        any motor vehicle defect, noncompliance, or any violation or 
        alleged violation of any notification or reporting requirement 
        of this chapter;
            ``(3) testified or is about to testify in such a 
        proceeding;
            ``(4) assisted or participated or is about to assist or 
        participate in such a proceeding; or
            ``(5) objected to, or refused to participate in, any 
        activity that the employee reasonably believed to be in 
        violation of any provision of any Act enforced by the Secretary 
        of Transportation, or any order, rule, regulation, standard, or 
        ban under any such Act.
    ``(b) Complaint Procedure.--
            ``(1) Filing and notification.--A person who believes that 
        he or she has been discharged or otherwise discriminated 
        against by any person in violation of subsection (a) may, not 
        later than 180 days after the date on which such violation 
        occurs, file (or have any person file on his or her behalf) a 
        complaint with the Secretary of Labor alleging such discharge 
        or discrimination. Upon receipt of such a complaint, the 
        Secretary shall notify, in writing, the person named in the 
        complaint of the filing of the complaint, of the allegations 
        contained in the complaint, of the substance of evidence 
        supporting the complaint, and of the opportunities that will be 
        afforded to such person under paragraph (2).
            ``(2) Investigation; preliminary order.--
                    ``(A) In general.--Not later than 60 days after the 
                date of receipt of a complaint filed under paragraph 
                (1) and after affording the person named in the 
                complaint an opportunity to submit to the Secretary a 
                written response to the complaint and an opportunity to 
                meet with a representative of the Secretary to present 
                statements from witnesses, the Secretary shall conduct 
                an investigation and determine whether there is 
                reasonable cause to believe that the complaint has 
                merit and notify, in writing, the complainant and the 
                person alleged to have committed a violation of 
                subsection (a) of the Secretary's findings. If the 
                Secretary concludes that there is a reasonable cause to 
                believe that a violation of subsection (a) has 
                occurred, the Secretary shall accompany the Secretary's 
                findings with a preliminary order providing the relief 
                prescribed by paragraph (3)(B). Not later than 30 days 
                after the date of notification of findings under this 
                paragraph, either the person alleged to have committed 
                the violation or the complainant may file objections to 
                the findings or preliminary order, or both, and request 
                a hearing on the record. The filing of such objections 
                shall not operate to stay any reinstatement remedy 
                contained in the preliminary order. Such hearings shall 
                be conducted expeditiously. If a hearing is not 
                requested in such 30-day period, the preliminary order 
                shall be deemed a final order that is not subject to 
                judicial review.
                    ``(B) Requirements.--
                            ``(i) Required showing by complainant.--The 
                        Secretary shall dismiss a complaint filed under 
                        this subsection and shall not conduct an 
                        investigation otherwise required under 
                        subparagraph (A) unless the complainant makes a 
                        prima facie showing that any behavior described 
                        in paragraphs (1) through (5) of subsection (a) 
                        was a contributing factor in the unfavorable 
                        personnel action alleged in the complaint.
                            ``(ii) Showing by employer.--
                        Notwithstanding a finding by the Secretary that 
                        the complainant has made the showing required 
                        under clause (i), no investigation otherwise 
                        required under subparagraph (A) shall be 
                        conducted if the employer demonstrates, by 
                        clear and convincing evidence, that the 
                        employer would have taken the same unfavorable 
                        personnel action in the absence of that 
                        behavior.
                            ``(iii) Criteria for determination by 
                        secretary.--The Secretary may determine that a 
                        violation of subsection (a) has occurred only 
                        if the complainant demonstrates that any 
                        behavior described in paragraphs (1) through 
                        (5) of subsection (a) was a contributing factor 
                        in the unfavorable personnel action alleged in 
                        the complaint.
                            ``(iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (A) if the employer 
                        demonstrates, by clear and convincing evidence, 
                        that the employer would have taken the same 
                        unfavorable personnel action in the absence of 
                        that behavior.
            ``(3) Final order.--
                    ``(A) Deadline for issuance; settlement 
                agreements.--Not later than 120 days after the date of 
                conclusion of a hearing under paragraph (2), the 
                Secretary shall issue a final order providing the 
                relief prescribed by this paragraph or denying the 
                complaint. At any time before issuance of a final 
                order, a proceeding under this subsection may be 
                terminated on the basis of a settlement agreement 
                entered into by the Secretary, the complainant, and the 
                person alleged to have committed the violation.
                    ``(B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary determines that a 
                violation of subsection (a) has occurred, the Secretary 
                shall order the person who committed such violation--
                            ``(i) to take affirmative action to abate 
                        the violation;
                            ``(ii) to reinstate the complainant to his 
                        or her former position together with the 
                        compensation (including back pay) and restore 
                        the terms, conditions, and privileges 
                        associated with his or her employment; and
                            ``(iii) to provide compensatory damages to 
                        the complainant.
                    ``(C) Attorneys' fees.--If such an order is issued 
                under this paragraph, the Secretary, at the request of 
                the complainant, shall assess against the person 
                against whom the order is issued a sum equal to the 
                aggregate amount of all costs and expenses (including 
                attorneys' and expert witness fees) reasonably 
                incurred, as determined by the Secretary, by the 
                complainant for, or in connection with, bringing the 
                complaint upon which the order was issued.
                    ``(D) Frivolous complaints.--If the Secretary 
                determines that a complaint under paragraph (1) is 
                frivolous or has been brought in bad faith, the 
                Secretary may award to the prevailing employer a 
                reasonable attorney's fee not exceeding $1,000.
                    ``(E) De novo review.--With respect to a complaint 
                under paragraph (1), if the Secretary of Labor has not 
                issued a final decision within 210 days after the 
                filing of the complaint and if the delay is not due to 
                the bad faith of the employee, the employee may bring 
                an original action at law or equity for de novo review 
                in the appropriate district court of the United States, 
                which shall have jurisdiction over such an action 
                without regard to the amount in controversy, and which 
                action shall, at the request of either party to the 
                action, be tried by the court with a jury. The action 
                shall be governed by the same legal burdens of proof 
                specified in paragraph (2)(B) for review by the 
                Secretary of Labor.
            ``(4) Review.--
                    ``(A) Appeal to court of appeals.--Any person 
                adversely affected or aggrieved by an order issued 
                under paragraph (3) may obtain review of the order in 
                the United States Court of Appeals for the circuit in 
                which the violation, with respect to which the order 
                was issued, allegedly occurred or the circuit in which 
                the complainant resided on the date of such violation. 
                The petition for review shall be filed not later than 
                60 days after the date of the issuance of the final 
                order of the Secretary. Review shall conform to chapter 
                7 of title 5. The commencement of proceedings under 
                this subparagraph shall not, unless ordered by the 
                court, operate as a stay of the order.
                    ``(B) Limitation on collateral attack.--An order of 
                the Secretary with respect to which review could have 
                been obtained under subparagraph (A) shall not be 
                subject to judicial review in any criminal or other 
                civil proceeding.
            ``(5) Enforcement of order by secretary.--Whenever any 
        person fails to comply with an order issued under paragraph 
        (3), the Secretary may file a civil action in the United States 
        district court for the district in which the violation was 
        found to occur to enforce such order. In actions brought under 
        this paragraph, the district courts shall have jurisdiction to 
        grant all appropriate relief, including injunctive relief and 
        compensatory damages.
            ``(6) Enforcement of order by parties.--
                    ``(A) Commencement of action.--A person on whose 
                behalf an order was issued under paragraph (3) may 
                commence a civil action against the person to whom such 
                order was issued to require compliance with such order. 
                The appropriate United States district court shall have 
                jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, to 
                enforce such order.
                    ``(B) Attorney fees.--The court, in issuing any 
                final order under this paragraph, may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party whenever the court 
                determines such award is appropriate.
    ``(c) Mandamus.--Any nondiscretionary duty imposed under this 
section shall be enforceable in a mandamus proceeding brought under 
section 1361 of title 28.
    ``(d) Nonapplicability To Deliberate Violations.--Subsection (a) 
shall not apply with respect to an employee of a motor vehicle 
manufacturer, part supplier, or dealership who, acting without 
direction from such motor vehicle manufacturer, part supplier, or 
dealership (or such person's agent), deliberately causes a violation of 
any requirement relating to motor vehicle safety under this chapter.''.
    (b) Conforming Amendment.--The table of sections for chapter 301 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 30170 the following:

``30171. Protection of employees providing motor vehicle safety 
                            information.''.

SEC. 309. ACTIVITIES TO PROMOTE MOTOR VEHICLE AND HIGHWAY SAFETY.

    (a) In General.--Section 30105 of title 49, United States Code, is 
amended to read as follows:
``Sec. 30105. Activities to promote motor vehicle and highway safety
    ``Notwithstanding any other provision of law, amounts appropriated 
to the Secretary for the National Highway Traffic Safety Administration 
shall be available for activities to promote motor vehicle and highway 
safety, including activities specifically designed to urge State or 
local legislators or legislatures to favor or oppose the adoption of 
any specific legislative proposal.''.
    (b) Conforming Amendment.--The item relating to section 30105 in 
the analysis of chapter 301 is amended to read as follows:

``30105. Activities to promote motor vehicle and highway safety.''.

SEC. 310. ANTI-REVOLVING DOOR.

    (a) Amendment.--Subchapter I of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 30107. Restriction on covered motor vehicle safety officials
    ``(a) In General.--During the 2-year period after the termination 
of his or her service or employment, a covered vehicle safety official 
may not knowingly make, with the intent to influence, any communication 
to or appearance before any officer or employee of the National Highway 
Traffic Safety Administration on behalf of any manufacturer subject to 
regulation under this chapter in connection with any matter involving 
motor vehicle safety on which such person seeks official action by any 
officer or employee of the National Highway Traffic Safety 
Administration.
    ``(b) Manufacturers.--It is unlawful for any manufacturer or other 
person subject to regulation under this chapter to employ or contract 
for the services of an individual to whom subsection (a) applies during 
the 2-year period commencing on the individual's termination of 
employment with the National Highway Traffic Safety Administration in a 
capacity in which the individual is prohibited from serving during that 
period.
    ``(c) Special Rule for Detailees.--For purposes of this section, a 
person who is detailed from 1 department, agency, or other entity to 
another department, agency, or other entity shall, during the period 
such person is detailed, be deemed to be an officer or employee of both 
departments, agencies, or such entities.
    ``(d) Savings Provision.--Nothing in this section may be construed 
to expand, contract, or otherwise affect the application of any waiver 
or criminal penalties under section 207 of title 18.
    ``(e) Exception for Testimony.--Nothing in this section may be 
construed to prevent an individual from giving testimony under oath, or 
from making statements required to be made under penalty of perjury.
    ``(f) Defined Term.--In this section, the term `covered vehicle 
safety official' means any officer or employee of the National Highway 
Traffic Safety Administration--
            ``(1) who, during the final 12 months of his or her service 
        or employment with the agency, serves or served in a technical 
        or legal capacity, and whose job responsibilities include or 
        included vehicle safety defect investigation, vehicle safety 
        compliance, vehicle safety rulemaking, or vehicle safety 
        research; and
            ``(2) who serves in a supervisory or management capacity 
        over an officer or employee described in paragraph (1).
    ``(g) Effective Date.--This section shall apply to covered vehicle 
safety officials who terminate service or employment with the National 
Highway Traffic Safety Administration after the date of the enactment 
of the Motor Vehicle and Highway Safety Improvement Act of 2011.''.
    (b) Civil Penalty.--Section 30165(a) of title 49, United States 
Code, as amended by this title, is further amended by adding at the end 
the following:
            ``(5) Improper influence.--An individual who violates 
        section 30107(a) is liable to the United States Government for 
        a civil penalty, as determined under section 216(b) of title 
        18, for an offense under section 207 of that title. A 
        manufacturer or other person subject to regulation under this 
        chapter who violates section 30107(b) is liable to the United 
        States Government for a civil penalty equal to the sum of--
                    ``(A) an amount equal to not less than $100,000; 
                and
                    ``(B) an amount equal to 90 percent of the annual 
                compensation or fee paid or payable to the individual 
                with respect to whom the violation occurred.''.
    (c) Study of Department of Transportation Policies on Official 
Communication With Former Motor Vehicle Safety Issue Employees.--Not 
later than 1 year after the date of the enactment of this Act, the 
Inspector General of the Department of Transportation shall--
            (1) review the Department of Transportation's policies and 
        procedures applicable to official communication with former 
        employees concerning motor vehicle safety compliance matters 
        for which they had responsibility during the last 12 months of 
        their tenure at the Department, including any limitations on 
        the ability of such employees to submit comments, or otherwise 
        communicate directly with the Department, on motor vehicle 
        safety issues; and
            (2) submit a report to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Energy 
        and Commerce of the House of Representatives that contains the 
        Inspector General's findings, conclusions, and recommendations 
        for strengthening those policies and procedures to minimize the 
        risk of undue influence without compromising the ability of the 
        Department to employ and retain highly qualified individuals 
        for such responsibilities.
    (d) Post-Employment Policy Study.--
            (1) In general.--The Inspector General of the Department of 
        Transportation shall conduct a study of the Department's 
        policies relating to post-employment restrictions on employees 
        who perform functions related to transportation safety.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Inspector General shall submit a 
        report containing the results of the study conducted under 
        paragraph (1) to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (C) the Secretary of Transportation.
            (3) Use of results.--The Secretary of Transportation shall 
        review the results of the study conducted under paragraph (1) 
        and take whatever action the Secretary determines to be 
        appropriate.
    (e) Conforming Amendment.--The table of contents for chapter 301 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 30106 the following:

``30107. Restriction on covered motor vehicle safety officials.''.

SEC. 311. STUDY OF CRASH DATA COLLECTION.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate the 
Committee on Energy and Commerce of the House of Representatives 
regarding the quality of data collected through the National Automotive 
Sampling System, including the Special Crash Investigations Program.
    (b) Review.--The Administrator of the National Highway Traffic 
Safety Administration (referred to in this section as the 
``Administration'') shall conduct a comprehensive review of the data 
elements collected from each crash to determine if additional data 
should be collected. The review under this subsection shall include 
input from interested parties, including suppliers, automakers, safety 
advocates, the medical community, and research organizations.
    (c) Contents.--The report issued under this section shall include--
            (1) the analysis and conclusions the Administration can 
        reach from the amount of motor vehicle crash data collected in 
        a given year;
            (2) the additional analysis and conclusions the 
        Administration could reach if more crash investigations were 
        conducted each year;
            (3) the number of investigations per year that would allow 
        for optimal data analysis and crash information;
            (4) the results of the comprehensive review conducted 
        pursuant to subsection (b);
            (5) recommendations for improvements to the 
        Administration's data collection program; and
            (6) the resources needed by the Administration to implement 
        such recommendations.

SEC. 312. UPDATE MEANS OF PROVIDING NOTIFICATION; IMPROVING EFFICACY OF 
              RECALLS.

    (a) Update of Means of Providing Notification.--Section 30119(d) of 
title 49, United States Code, is amended--
            (1) by striking, in paragraph (1), ``by first class mail'' 
        and inserting ``in the manner prescribed by the Secretary, by 
        regulation'';
            (2) in paragraph (2)--
                    (A) by striking ``(except a tire) shall be sent by 
                first class mail'' and inserting ``shall be sent in the 
                manner prescribed by the Secretary, by regulation,''; 
                and
                    (B) by striking the second sentence;
            (3) in paragraph (3)--
                    (A) by striking the first sentence;
                    (B) by inserting ``to the notification required 
                under paragraphs (1) and (2)'' after ``addition''; and
                    (C) by inserting ``by the manufacturer'' after 
                ``given''; and
            (4) in paragraph (4), by striking ``by certified mail or 
        quicker means if available'' and inserting ``in the manner 
        prescribed by the Secretary, by regulation''.
    (b) Improving Efficacy of Recalls.--Section 30119(e) of title 49, 
United States Code, is amended--
            (1) in the subsection heading, by striking ``Second'' and 
        inserting ``Additional'';
            (2) by striking ``If the Secretary'' and inserting the 
        following:
            ``(1) Second notification.--If the Secretary''; and
            (3) by adding at the end the following:
            ``(2) Additional notifications.--If the Secretary 
        determines, after considering the severity of the defect or 
        noncompliance, that the second notification by a manufacturer 
        does not result in an adequate number of motor vehicles or 
        items of replacement equipment being returned for remedy, the 
        Secretary may order the manufacturer--
                    ``(A) to send additional notifications in the 
                manner prescribed by the Secretary, by regulation;
                    ``(B) to take additional steps to locate and notify 
                each person registered under State law as the owner or 
                lessee or the most recent purchaser or lessee, as 
                appropriate; and
                    ``(C) to emphasize the magnitude of the safety risk 
                caused by the defect or noncompliance in such 
                notification.''.

SEC. 313. EXPANDING CHOICES OF REMEDY AVAILABLE TO MANUFACTURERS OF 
              REPLACEMENT EQUIPMENT.

    Section 30120 of title 49, United States Code, is amended--
            (1) in subsection (a)(1), by amending subparagraph (B) to 
        read as follows:
                    ``(B) if replacement equipment, by repairing the 
                equipment, replacing the equipment with identical or 
                reasonably equivalent equipment, or by refunding the 
                purchase price.'';
            (2) in the heading of subsection (i), by adding ``of New 
        Vehicles or Equipment'' at the end; and
            (3) in the heading of subsection (j), by striking 
        ``Replaced'' and inserting ``Replacement''.

SEC. 314. RECALL OBLIGATIONS AND BANKRUPTCY OF MANUFACTURER.

    (a) In General.--Chapter 301 of title 49, United States Code, is 
amended by inserting the following after section 30120:
``Sec. 30120A. Recall obligations and bankruptcy of a manufacturer
    ``A manufacturer's filing of a petition in bankruptcy under chapter 
11 of title 11, does not negate the manufacturer's duty to comply with 
section 30112 or sections 30115 through 30120 of this title. In any 
bankruptcy proceeding, the manufacturer's obligations under such 
sections shall be treated as a claim of the United States Government 
against such manufacturer, subject to subchapter II of chapter 37 of 
title 31, United States Code, and given priority, pursuant to section 
3710 of such chapter, to ensure that consumers are adequately protected 
from any safety defect or noncompliance determined to exist in the 
manufacturer's products. This section shall apply equally to actions of 
a manufacturer taken before or after the filing of a petition in 
bankruptcy.''.
    (b) Conforming Amendment.--The chapter analysis of chapter 301 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 30120 the following:

``30120a. Recall obligations and bankruptcy of a manufacturer.''.

SEC. 315. REPEAL OF INSURANCE REPORTS AND INFORMATION PROVISION.

    Chapter 331 of title 49, United States Code, is amended--
            (1) in the chapter analysis, by striking the item relating 
        to section 33112; and
            (2) by striking section 33112.

SEC. 316. MONRONEY STICKER TO PERMIT ADDITIONAL SAFETY RATING 
              CATEGORIES.

    Section 3(g)(2) of the Automobile Information Disclosure Act (15 
U.S.C. 1232(g)(2)), is amended by inserting ``safety rating categories 
that may include'' after ``refers to''.

           TITLE IV--VEHICLE ELECTRONICS AND SAFETY STANDARDS

SEC. 401. NHTSA ELECTRONICS, SOFTWARE, AND ENGINEERING EXPERTISE.

    (a) Council for Vehicle Electronics, Vehicle Software, and Emerging 
Technologies.--
            (1) In general.--The Secretary shall establish, within the 
        National Highway Traffic Safety Administration, a Council for 
        Vehicle Electronics, Vehicle Software, and Emerging 
        Technologies (referred to in this section as the ``Council'') 
        to build, integrate, and aggregate the Administration's 
        expertise in passenger motor vehicle electronics and other new 
        and emerging technologies.
            (2) Implementation of roadmap.--The Council shall research 
        the inclusion of emerging lightweight plastic and composite 
        technologies in motor vehicles to increase fuel efficiency, 
        lower emissions, meet fuel economy standards, and enhance 
        passenger motor vehicle safety through continued utilization of 
        the Administration's Plastic and Composite Intensive Vehicle 
        Safety Roadmap (Report No. DOT HS 810 863).
            (3) Intra-agency coordination.--The Council shall 
        coordinate with all components of the Administration 
        responsible for vehicle safety, including research and 
        development, rulemaking, and defects investigation.
    (b) Honors Recruitment Program.--
            (1) Establishment.--The Secretary shall establish, within 
        the National Highway Traffic Safety Administration, an honors 
        program for engineering students, computer science students, 
        and other students interested in vehicle safety that will 
        enable such students to train with engineers and other safety 
        officials for a career in vehicle safety.
            (2) Stipend.--The Secretary is authorized to provide a 
        stipend to students during their participation in the program 
        established pursuant to paragraph (1).
    (c) Assessment.--The Council, in consultation with affected 
stakeholders, shall assess the implications of emerging safety 
technologies in passenger motor vehicles, including the effect of such 
technologies on consumers, product availability, and cost.

SEC. 402. VEHICLE STOPPING DISTANCE AND BRAKE OVERRIDE STANDARD.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary shall prescribe a Federal motor vehicle safety standard 
that--
            (1) mitigates unintended acceleration in passenger motor 
        vehicles;
            (2) establishes performance requirements, based on the 
        speed, size, and weight of the vehicle, that enable a driver to 
        bring a passenger motor vehicle safely to a full stop by normal 
        braking application even if the vehicle is simultaneously 
        receiving accelerator input signals, including a full-throttle 
        input signal;
            (3) may permit compliance through a system that requires 
        brake pedal application, after a period of time determined by 
        the Secretary, to override an accelerator pedal input signal in 
        order to stop the vehicle;
            (4) requires that redundant circuits or other mechanisms be 
        built into accelerator control systems, including systems 
        controlled by electronic throttle, to maintain vehicle control 
        in the event of failure of the primary circuit or mechanism; 
        and
            (5) may permit vehicles to incorporate a means to 
        temporarily disengage the function required under paragraph (2) 
        to facilitate operations, such as maneuvering trailers or 
        climbing steep hills, which may require the simultaneous 
        operation of brake and accelerator.

SEC. 403. PEDAL PLACEMENT STANDARD.

    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to consider a Federal motor vehicle safety standard that 
would mitigate potential obstruction of pedal movement in passenger 
motor vehicles, after taking into account--
            (1) various pedal mounting configurations; and
            (2) minimum clearances for passenger motor vehicle foot 
        pedals with respect to other pedals, the vehicle floor 
        (including aftermarket floor coverings), and any other 
        potential obstructions to pedal movement that the Secretary 
        determines to be relevant.
    (b) Deadline.--
            (1) In general.--Except as provided under paragraph (2), 
        the Secretary shall issue a final rule to implement the safety 
        standard described in subsection (a) not later than 3 years 
        after the date of the enactment of this Act.
            (2) Report.--If the Secretary determines that a pedal 
        placement standard does not meet the requirements and 
        considerations set forth in subsections (a) and (b) of section 
        30111 of title 49, United States Code, the Secretary shall 
        submit a report describing the reasons for not prescribing such 
        standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.
    (c) Combined Rulemaking.--The Secretary may combine the rulemaking 
proceeding required under subsection (a) with the rulemaking proceeding 
required under section 402.

SEC. 404. ELECTRONIC SYSTEMS PERFORMANCE STANDARD.

    (a) In General.--Not later than 4 years after the date of the 
enactment of this Act, the Secretary shall issue a final rule that 
prescribes or amends a Federal motor vehicle safety standard that--
            (1) requires electronic systems in passenger motor vehicles 
        to meet minimum performance requirements; and
            (2) may include requirements for--
                    (A) electronic components;
                    (B) the interaction of such components;
                    (C) security needs for those systems to prevent 
                unauthorized access; or
                    (D) the effect of surrounding environments on those 
                electronic systems.
    (b) National Academy of Sciences.--In conducting the rulemaking 
under subsection (a), the Secretary shall consider the findings and 
recommendations of the National Academy of Sciences, if any, pursuant 
to its study of electronic vehicle controls.

SEC. 405. PUSHBUTTON IGNITION SYSTEMS STANDARD.

    (a) Pushbutton Ignition Standard.--
            (1) In general.--The Secretary shall initiate a rulemaking 
        proceeding to consider a Federal motor vehicle safety standard 
        for passenger motor vehicles with pushbutton ignition systems 
        that establishes a standardized operation of such systems when 
        used by drivers, including drivers who may be unfamiliar with 
        such systems, in an emergency situation when the vehicle is in 
        motion.
            (2) Other ignition systems.--In the rulemaking proceeding 
        initiated under paragraph (1), the Secretary may include any 
        other ignition-starting mechanism that the Secretary determines 
        should be considered.
    (b) Pushbutton Ignition System Defined.--The term ``pushbutton 
ignition system'' means a mechanism, such as the push of a button, for 
starting a passenger motor vehicle that does not involve the physical 
insertion and turning of a tangible key.
    (c) Deadline.--
            (1) In general.--Except as provided under paragraph (2), 
        the Secretary shall issue a final rule to implement the 
        standard described in subsection (a) not later than 2 years 
        after the date of the enactment of this Act.
            (2) Report.--If the Secretary determines that a standard 
        does not meet the requirements and considerations set forth in 
        subsections (a) and (b) of section 30111 of title 49, United 
        States Code, the Secretary shall submit a report describing the 
        reasons for not prescribing such standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.

SEC. 406. VEHICLE EVENT DATA RECORDERS.

    (a) Mandatory Event Data Recorders.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall revise part 563 
        of title 49, Code of Federal Regulations, to require, beginning 
        with model year 2015, that new passenger motor vehicles sold in 
        the United States be equipped with an event data recorder that 
        meets the requirements under that part.
            (2) Penalty.--The violation of any provision under part 563 
        of title 49, Code of Federal Regulations--
                    (A) shall be deemed to be a violation of section 
                30112 of title 49, United States Code;
                    (B) shall be subject to civil penalties under 
                section 30165(a) of that title; and
                    (C) shall not subject a manufacturer (as defined in 
                section 30102(a)(5) of that title) to the requirements 
                under section 30120 of that title.
    (b) Limitations on Information Retrieval.--
            (1) Ownership of data.--Any data in an event data recorder 
        required under part 563 of title 49, Code of Federal 
        Regulations, regardless of when the passenger motor vehicle in 
        which it is installed was manufactured, is the property of the 
        owner or lessee of the passenger motor vehicle in which the 
        data recorder is installed.
            (2) Privacy.--Data recorded or transmitted by such a data 
        recorder may not be retrieved by a person other than the owner 
        or lessee of the motor vehicle in which the recorder is 
        installed unless--
                    (A) a court authorizes retrieval of the information 
                in furtherance of a legal proceeding;
                    (B) the owner or lessee consents to the retrieval 
                of the information for any purpose, including the 
                purpose of diagnosing, servicing, or repairing the 
                motor vehicle;
                    (C) the information is retrieved pursuant to an 
                investigation or inspection authorized under section 
                30166 of title 49, United States Code, and the 
                personally identifiable information of the owner, 
                lessee, or driver of the vehicle and the vehicle 
                identification number is not disclosed in connection 
                with the retrieved information; or
                    (D) the information is retrieved for the purpose of 
                determining the need for, or facilitating, emergency 
                medical response in response to a motor vehicle crash.
    (c) Revised Requirements for Event Data Recorders.--The Secretary 
shall initiate a rulemaking proceeding to prescribe or amend a Federal 
motor vehicle safety standard that revises part 563 of title 49, Code 
of Federal Regulations, to require that event data recorders in 
passenger motor vehicles record operational data that can be stored and 
accessed for retrieval and analysis in accordance with subsection (d).
    (d) Specifications.--The rule prescribed under subsection (c)--
            (1) shall require event data recorders to capture and store 
        data related to motor vehicle safety covering a reasonable time 
        period before, during, and after a motor vehicle crash or 
        airbag deployment, including a rollover;
            (2) may require that the data to be captured and stored 
        pursuant to paragraph (1) include information about engine 
        performance, steering, braking, acceleration, vehicle speed, 
        seat belt use, airbag deployment, airbag deactivation status, 
        data relating to vehicle rollover, and any other data the 
        Secretary considers appropriate;
            (3) may require such recorders to capture and store certain 
        events, such as rapid deceleration, full-throttle acceleration, 
        or full braking that may indicate unintended acceleration, even 
        if there is not a crash or airbag deployment;
            (4) may not require information recorded by such data 
        recorders to include the vehicle's location unless the 
        Secretary determines that such inclusion is necessary to 
        determine the need for, or facilitate, emergency medical 
        response in response to a motor vehicle crash;
            (5) shall require that data stored on such recorders be 
        accessible, regardless of vehicle manufacturer or model, with 
        commercially available equipment;
            (6) shall specify data format requirements;
            (7) may require an interoperable data access port to 
        facilitate universal accessibility and analysis;
            (8) shall require that such recorders meet the performance 
        requirements for crash resistance included in part 563 of title 
        49, Code of Federal Regulations, and, if the Secretary 
        determines that such requirements do not provide adequate 
        temperature, crash, or water resistance, may include additional 
        performance requirements;
            (9) shall establish requirements for preventing 
        unauthorized access to the data stored on an event data 
        recorder in order to protect the security, integrity, and 
        authenticity of the data; and
            (10) shall include a definition of the term ``motor vehicle 
        crash''.
    (e) Disclosure of Existence and Purpose of Event Data Recorder.--
The rule issued under subsection (c) shall require that any owner's 
manual or similar documentation provided to the first purchaser of a 
passenger motor vehicle for purposes other than resale--
            (1) disclose that the vehicle is equipped with such a data 
        recorder; and
            (2) explain the purpose of the data recorder.
    (f) Access to Event Data Recorders in Defect Investigations.--
Section 30166(c)(3)(C) of title 49, United States Code, is amended by 
inserting ``, including any electronic data contained within the 
vehicle's diagnostic system or event data recorder'' after 
``equipment''.
    (g) Deadline for Rulemaking.--The Secretary shall issue a final 
rule under subsection (c) not later than 3 years after the date of the 
enactment of this Act.

SEC. 407. PROHIBITION ON ELECTRONIC VISUAL ENTERTAINMENT IN DRIVER'S 
              VIEW.

    (a) Visual Entertainment Screens in Driver's View.--Not later than 
2 years after the date of the enactment of this Act, the Secretary of 
Transportation shall issue a final rule that prescribes a Federal motor 
vehicle safety standard prohibiting electronic screens from displaying 
broadcast television, movies, video games, and other forms of similar 
visual entertainment that is visible to the driver while driving.
    (b) Exceptions.--The standard prescribed under subsection (a) shall 
allow electronic screens that display information or images regarding 
operation of the vehicle, vehicle surroundings, and telematic 
functions, such as the vehicles navigation and communications system, 
weather, time, or the vehicle's audio system.

                    TITLE V--CHILD SAFETY STANDARDS

SEC. 501. CHILD SAFETY SEATS.

    (a) Protection for Larger Children.--Not later than 1 year after 
the date of the enactment of this Act, the Secretary shall issue a 
final rule amending Federal Motor Vehicle Safety Standard Number 213 to 
establish frontal crash protection requirements for child restraint 
systems for children weighing more than 65 pounds.
    (b) Side Impact Crashes.--Not later than 2 years after the date of 
the enactment of this Act, the Secretary shall issue a final rule 
amending Federal Motor Vehicle Safety Standard Number 213 to improve 
the protection of children seated in child restraint systems during 
side impact crashes.
    (c) Frontal Impact Test Parameters.--
            (1) Commencement.--Not later than 2 years after the date of 
        the enactment of this Act, the Secretary shall commence a 
        rulemaking proceeding to amend test parameters under Federal 
        Motor Vehicle Safety Standard Number 213 to better replicate 
        real world conditions.
            (2) Final rule.--Not later than 4 years after the date of 
        the enactment of this Act, the Secretary shall issue a final 
        rule pursuant to paragraph (1).

SEC. 502. CHILD RESTRAINT ANCHORAGE SYSTEMS.

    (a) Initiation of Rulemaking Proceeding.--Not later than 1 year 
after the date of the enactment of this Act, the Secretary shall 
initiate a rulemaking proceeding to--
            (1) amend Federal Motor Vehicle Safety Standard Number 225 
        (relating to child restraint anchorage systems) to improve the 
        visibility of, accessibility to, and ease of use for lower 
        anchorages and tethers in all rear seat seating positions if 
        such anchorages and tethers are feasible; and
            (2) amend Federal Motor Vehicle Safety Standard Number 213 
        (relating to child restraint systems) or Federal Motor Vehicle 
        Safety Standard Number 225 (relating to child restraint 
        anchorage systems)--
                    (A) to establish a maximum allowable weight of the 
                child and child restraint for standardizing the 
                recommended use of child restraint anchorage systems in 
                all vehicles; and
                    (B) to provide the information described in 
                subparagraph (A) to the consumer.
    (b) Final Rule.--
            (1) In general.--Except as provided under paragraph (2), 
        the Secretary shall issue a final rule under subsection (a) not 
        later than 3 years after the date of the enactment of this Act.
            (2) Report.--If the Secretary determines that an amendment 
        to the standard referred to in subsection (a) does not meet the 
        requirements and considerations set forth in subsections (a) 
        and (b) of section 30111 of title 49, United States Code, the 
        Secretary shall submit a report describing the reasons for not 
        prescribing such a standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.

SEC. 503. REAR SEAT BELT REMINDERS.

    (a) Initiation of Rulemaking Proceeding.--Not later than 2 years 
after the date of the enactment of this Act, the Secretary shall 
initiate a rulemaking proceeding to amend Federal Motor Vehicle Safety 
Standard Number 208 (relating to occupant crash protection) to provide 
a safety belt use warning system for designated seating positions in 
the rear seat.
    (b) Final Rule.--
            (1) In general.--Except as provided under paragraph (2), 
        the Secretary shall issue a final rule under subsection (a) not 
        later than 3 years after the date of the enactment of this Act.
            (2) Report.--If the Secretary determines that an amendment 
        to the standard referred to in subsection (a) is not warranted 
        based on the requirements and considerations set forth in 
        subsections (a) and (b) of section 30111 of title 49, United 
        States Code, the Secretary shall submit a report describing the 
        reasons for not prescribing such a standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.

SEC. 504. UNATTENDED PASSENGER REMINDERS.

    (a) Safety Research Initiative.--Not later than 2 years after the 
date of the enactment of this Act, the Secretary shall complete 
research into the development of performance requirements to warn 
drivers that a child or other unattended passenger remains in a rear 
seating position after the vehicle motor is disengaged.
    (b) Specifications.--In carrying out subsection (a), the Secretary 
shall consider performance requirements that--
            (1) sense weight, the presence of a buckled seat belt, or 
        other indications of the presence of a child or other 
        passenger; and
            (2) provide an alert to prevent hyperthermia and 
        hypothermia that can result in death or severe injuries.
    (c) Rulemaking or Report.--
            (1) Rulemaking.--Not later than 1 year after the completion 
        of each research and testing initiative required under 
        subsection (a), the Secretary shall initiate a rulemaking 
        proceeding to issue a Federal motor vehicle safety standard if 
        the Secretary determines that such a standard meets the 
        requirements and considerations set forth in subsections (a) 
        and (b) of section 30111 of title 49, United States Code.
            (2) Report.--If the Secretary determines that the standard 
        described in subsection (a) does not meet the requirements and 
        considerations set forth in subsections (a) and (b) of section 
        30111 of title 49, United States Code, the Secretary shall 
        submit a report describing the reasons for not prescribing such 
        a standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.

SEC. 505. NEW DEADLINE.

    If the Secretary determines that any deadline for issuing a final 
rule under this Act cannot be met, the Secretary shall--
            (1) provide the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives with an explanation 
        for why such deadline cannot be met; and
            (2) establish a new deadline for that rule.
                                 <all>
```