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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3302 Reported in Senate (RS)]

                                                       Calendar No. 653
111th CONGRESS
  2d Session
                                S. 3302

  To amend title 49, United States Code, to establish new automobile 
    safety standards, make better motor vehicle safety information 
available to the National Highway Traffic Safety Administration and the 
                    public, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2010

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

                           November 29, 2010

   Reported by Mr. Rockefeller with an amendment in the nature of a 
                               substitute
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL

 
  To amend title 49, United States Code, to establish new automobile 
    safety standards, make better motor vehicle safety information 
available to the National Highway Traffic Safety Administration and the 
                    public, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Motor 
Vehicle Safety Act of 2010''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
       <DELETED>TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS

<DELETED>Sec. 101. NHTSA electronics, software, and engineering 
                            expertise.
<DELETED>Sec. 102. Vehicle stopping distance and brake override 
                            standard.
<DELETED>Sec. 103. Pedal placement standard.
<DELETED>Sec. 104. Electronic systems performance standard.
<DELETED>Sec. 105. Keyless ignition systems standard.
<DELETED>Sec. 106. Transmission configuration standard.
<DELETED>Sec. 107. Vehicle event data recorders.
             <DELETED>TITLE II--ENHANCED SAFETY AUTHORITIES

<DELETED>Sec. 201. Civil penalties.
<DELETED>Sec. 202. Imminent hazard authority.
          <DELETED>TITLE III--TRANSPARENCY AND ACCOUNTABILITY

<DELETED>Sec. 301. Public availability of early warning data.
<DELETED>Sec. 302. Improved NHTSA vehicle safety database.
<DELETED>Sec. 303. Consumer notice of software updates and other 
                            communications with dealers.
<DELETED>Sec. 304. Promotion of vehicle defect reporting.
<DELETED>Sec. 305. NHTSA hotline for manufacturer, dealer, and mechanic 
                            personnel.
<DELETED>Sec. 306. Whistleblower protections for motor vehicle 
                            manufacturer, part supplier, and dealership 
                            employees.
<DELETED>Sec. 307. Corporate responsibility for NHTSA reports.
<DELETED>Sec. 308. Anti-revolving door.
<DELETED>Sec. 309. Deadlines for rulemaking.
                       <DELETED>TITLE IV--FUNDING

<DELETED>Sec. 401. Authorization of appropriations.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Passenger vehicle.--The term ``passenger 
        vehicle'' means a motor vehicle (as defined in section 
        30102(a)(6) of title 49, United States Code), other than a 
        motorcycle or trailer, that is rated at less than 10,000 pounds 
        gross vehicular weight.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation, acting through the Administrator 
        of the National Highway Traffic Safety 
        Administration.</DELETED>

  <DELETED>TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS</DELETED>

<DELETED>SEC. 101. NHTSA ELECTRONICS, SOFTWARE, AND ENGINEERING 
              EXPERTISE.</DELETED>

<DELETED>    (a) Center for Vehicle Electronics, Vehicle Software, and 
Emerging Technologies.--The Secretary shall establish, within the 
National Highway Traffic Safety Administration, a Center for Vehicle 
Electronics, Vehicle Software, and Emerging Technologies to build, 
integrate, and aggregate the agency's expertise in vehicle electronics 
and other new and emerging technologies. The center shall coordinate 
with all components of the agency responsible for vehicle safety, 
including research and development, rulemaking, and defects 
investigation.</DELETED>
<DELETED>    (b) Honors Recruitment Program.--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 them 
to train with engineers and other safety officials for a career in 
vehicle safety. The Secretary is authorized to provide a stipend to 
students during their participation in the program.</DELETED>

<DELETED>SEC. 102. VEHICLE STOPPING DISTANCE AND BRAKE OVERRIDE 
              STANDARD.</DELETED>

<DELETED>    (a) Unintended Acceleration.--The Secretary shall initiate 
a rulemaking proceeding to prescribe a Federal motor vehicle safety 
standard that would prevent unintended acceleration in passenger 
vehicles. The standard--</DELETED>
        <DELETED>    (1) shall require manufacturers of passenger 
        vehicles to equip the vehicles with a technology or mechanism 
        that enables a driver to bring a vehicle safely to a full stop 
        within a specified distance, to be determined by the Secretary 
        according to the speed, size, and weight of the vehicle, by 
        normal braking pressure even if the vehicle is operating 
        simultaneously at open throttle;</DELETED>
        <DELETED>    (2) may permit compliance through a smart pedal 
        system that requires brake pedal input, after a period of time, 
        to override the input signal from the accelerator pedal and 
        other functions, in order to safely control the 
        vehicle;</DELETED>
        <DELETED>    (3) shall require 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</DELETED>
        <DELETED>    (4) may permit vehicles to incorporate a means by 
        which the driver would be able to temporarily disengage the 
        function required under paragraph (1) to facilitate operations, 
        such as maneuvering trailers, that may require the simultaneous 
        operation of brake and accelerator.</DELETED>
<DELETED>    (b) Deadline.--The Secretary shall issue a final rule 
under subsection (a) within 1 year after the date of enactment of this 
Act.</DELETED>
<DELETED>    (c) Lead-Time.--The standard prescribed under subsection 
(a) shall provide not more than 2 model years of regulatory lead-
time.</DELETED>

<DELETED>SEC. 103. PEDAL PLACEMENT STANDARD.</DELETED>

<DELETED>    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to prescribe a Federal motor vehicle safety standard that 
would prevent potential obstruction of pedal movement in passenger 
vehicles by establishing minimum clearances for passenger vehicle foot 
pedals with respect to other pedals, the vehicle floor (including 
aftermarket floor coverings), and any other potential obstruction to 
pedal movement, taking into account various pedal mounting 
configurations.</DELETED>
<DELETED>    (b) Deadline.--The Secretary shall issue a final rule 
under subsection (a) within 2 years after the date of enactment of this 
Act.</DELETED>
<DELETED>    (c) Combined Rulemaking.--If appropriate, the Secretary 
may combine the rulemaking proceeding required by subsection (a) with 
the rulemaking proceeding required by section 102.</DELETED>
<DELETED>    (d) Lead-Time.--The standard prescribed under subsection 
(a) shall provide not more than 2 model years of regulatory lead-
time.</DELETED>

<DELETED>SEC. 104. ELECTRONIC SYSTEMS PERFORMANCE STANDARD.</DELETED>

<DELETED>    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to require electronic systems in passenger vehicles to meet 
minimum performance standards. Such a rule may include requirements for 
electronic components, the interaction of those electronic components, 
or the effect of surrounding environments on those electronic 
systems.</DELETED>
<DELETED>    (b) Deadline.--The Secretary shall issue a final rule 
under subsection (a) within 3 years after the date of enactment of this 
Act.</DELETED>
<DELETED>    (c) Lead-Time.--The standard prescribed under subsection 
(a) shall provide not more than 2 model years of regulatory lead-
time.</DELETED>

<DELETED>SEC. 105. KEYLESS IGNITION SYSTEMS STANDARD.</DELETED>

<DELETED>    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to prescribe a Federal motor vehicle safety standard for 
passenger vehicles with keyless or push-button ignition systems, to 
establish--</DELETED>
        <DELETED>    (1) the means by which a driver who may be 
        unfamiliar with the vehicle uses the ignition system to safely 
        bring a vehicle under control during an emergency situation; 
        and</DELETED>
        <DELETED>    (2) the appropriate labeling, size, and location 
        of the controls for such systems.</DELETED>
<DELETED>    (b) Deadline.--The Secretary shall issue a final rule 
under subsection (a) within 1 year after the date of enactment of this 
Act.</DELETED>
<DELETED>    (c) Lead-Time.--The standard prescribed under subsection 
(a) shall provide not more than 2 model years of regulatory lead-
time.</DELETED>

<DELETED>SEC. 106. TRANSMISSION CONFIGURATION STANDARD.</DELETED>

<DELETED>    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to prescribe a Federal motor vehicle safety standard for 
passenger vehicles requiring an intuitive configuration and labeling of 
gear shifting controls for drivers, including drivers unfamiliar with 
the vehicle, and that makes the neutral position conspicuous.</DELETED>
<DELETED>    (b) Deadline.--The Secretary shall issue a final rule 
under subsection (a) within 1 year after the date of enactment of this 
Act.</DELETED>
<DELETED>    (c) Lead-Time.--The standard prescribed under subsection 
(a) shall provide not more than 1 model year of regulatory lead-
time.</DELETED>

<DELETED>SEC. 107. VEHICLE EVENT DATA RECORDERS.</DELETED>

<DELETED>    (a) Mandatory Event Data Recorders.--Not later than 60 
days after the date of enactment of this Act, the Secretary shall 
require that all passenger vehicles be equipped with an event data 
recorder that meets the requirements for such recorders established in 
part 563 of title 49, Code of Federal Regulations. The Secretary shall 
require compliance with such requirement for all passenger vehicles 
manufactured in the first model year that is 2 years after the date of 
enactment of this Act.</DELETED>
<DELETED>    (b) Revised Requirements for Event Data Recorders.--The 
Secretary shall initiate a rulemaking proceeding requiring that the 
event data recorders required to be installed in passenger vehicles 
pursuant to subsection (a)--</DELETED>
        <DELETED>    (1) be temperature, water, crash, and tamper 
        resistant; and</DELETED>
        <DELETED>    (2) continuously record vehicle operational data 
        that can be accessed for retrieval and analysis in accordance 
        with subsections (c) and (d).</DELETED>
<DELETED>    (c) Specifications.--The rule--</DELETED>
        <DELETED>    (1) shall require such recorders to record, for a 
        reasonable time before, during, and after a crash or airbag 
        deployment, information that includes engine performance, 
        steering, braking, acceleration, vehicle speed, seat belt use, 
        and airbag deployment level, deactivation status, deployment 
        time, and deployment stage, and may require such recorders to 
        record other data, such as data related to vehicle rollovers, 
        as the Secretary considers appropriate;</DELETED>
        <DELETED>    (2) shall require such recorders to record data 
        for at least 60 seconds prior to, and 15 seconds after, a crash 
        or airbag deployment;</DELETED>
        <DELETED>    (3) may require such recorders to capture certain 
        events such as rapid deceleration, full-throttle acceleration 
        lasting more than 15 seconds, and full braking lasting more 
        than 10 seconds, even if there is not a crash or airbag 
        deployment;</DELETED>
        <DELETED>    (4) may not require information recorded or 
        transmitted by such data recorders to include the vehicle's 
        location;</DELETED>
        <DELETED>    (5) shall require that data stored on such 
        recorders be accessible, regardless of vehicle manufacturer or 
        model, with commercially available equipment; and</DELETED>
        <DELETED>    (6) shall specify data format requirements and 
        other requirements, and shall require an interoperable data 
        access port to facilitate universal accessibility and 
        analysis.</DELETED>
<DELETED>    (d) Limitations on Information Retrieval.--</DELETED>
        <DELETED>    (1) Ownership of data.--The rule issued under 
        subsection (b) shall provide that any data in a data recorder 
        required under the rule is the property of the owner or lessee 
        of the motor vehicle in which the data recorder is 
        installed.</DELETED>
        <DELETED>    (2) Privacy.--The rule issued under subsection (b) 
        shall provide that information 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--</DELETED>
                <DELETED>    (A) a court authorizes retrieval of the 
                information in furtherance of a legal 
                proceeding;</DELETED>
                <DELETED>    (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; or</DELETED>
                <DELETED>    (C) the information is retrieved by a 
                Government motor vehicle safety agency for the purpose 
                of improving motor vehicle safety if 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.</DELETED>
<DELETED>    (e) Disclosure of Existence and Purpose of Event Data 
Recorder.--The rule issued under subsection (b) shall provide that any 
owner's manual or similar documentation provided to the first purchaser 
of a passenger vehicle for purposes other than resale shall disclose 
that the vehicle is equipped with such a data recorder and explain the 
purpose of the recorder.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (g) Deadline for Rulemaking.--The Secretary shall issue a 
final rule under subsection (b) not later than 3 years after the date 
of enactment of this Act.</DELETED>
<DELETED>    (h) Lead-Time.--The rule issued under subsection (b) shall 
take effect beginning with passenger vehicles manufactured in the first 
model year that is 2 years after the date on which a final rule is 
issued under this section.</DELETED>

        <DELETED>TITLE II--ENHANCED SAFETY AUTHORITIES</DELETED>

<DELETED>SEC. 201. CIVIL PENALTIES.</DELETED>

<DELETED>    Section 30165 of title 49, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a)(1)--</DELETED>
                <DELETED>    (A) in the first sentence by striking 
                ``$5,000''and inserting ``$25,000''; and</DELETED>
                <DELETED>    (B) by striking the third sentence; 
                and</DELETED>
        <DELETED>    (2) in subsection (a)(3)--</DELETED>
                <DELETED>    (A) in the second sentence by striking 
                ``$5,000'' and inserting ``$25,000''; and</DELETED>
                <DELETED>    (B) by striking the third 
                sentence.</DELETED>

<DELETED>SEC. 202. IMMINENT HAZARD AUTHORITY.</DELETED>

<DELETED>    (a) In General.--Section 30118(b) of title 49, United 
States Code, is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(3) Imminent hazards.--</DELETED>
                <DELETED>    ``(A) Orders.--Notwithstanding the 
                procedures set forth in paragraphs (1) and (2), if the 
                Secretary decides that a motor vehicle or an item of 
                motor vehicle replacement equipment is not compliant 
                with a motor vehicle safety standard or contains a 
                defect related to motor vehicle safety and presents an 
                imminent hazard to public safety that may result in 
                death or serious bodily harm, the Secretary--</DELETED>
                        <DELETED>    ``(i) shall notify the 
                        manufacturer of the motor vehicle or 
                        replacement equipment of the decision that the 
                        vehicle or equipment poses an imminent safety 
                        hazard to the public and the basis for that 
                        decision;</DELETED>
                        <DELETED>    ``(ii) may order the manufacturer 
                        and any person having a legal relationship with 
                        the manufacturer, including dealers and 
                        distributors, to stop any further production, 
                        sale, offer for sale, lease, offer for lease, 
                        distribution, the introduction or delivery for 
                        introduction in interstate commerce, or 
                        importation into the United States of that 
                        motor vehicle or item of replacement equipment; 
                        and</DELETED>
                        <DELETED>    ``(iii) may order the manufacturer 
                        and any person having a legal relationship with 
                        the manufacturer, including dealers and 
                        distributors, to notify purchasers of the 
                        vehicle or item of replacement equipment of the 
                        Secretary's decision that the vehicle or the 
                        item of replacement equipment poses an imminent 
                        safety hazard and provide the purchaser of such 
                        vehicle or item of replacement equipment with 
                        information explaining the safety risk and 
                        actions the purchasers can take to reduce that 
                        risk.''.</DELETED>
<DELETED>    (b) Judicial Review of Recall Orders.--Section 30161 of 
title 49, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``A person'' and inserting 
                ``(1) A person''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(2) A person adversely affected by an order issued under 
section 30118 may apply for review of the order by filing a petition 
for review in court of appeals of the United States for the circuit in 
which the person resides or has its principal place of business or the 
United States Court of Appeals for the District of Columbia Circuit. 
The petition must be filed not later than 59 days after the order is 
issued.''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(f) Availability of Review.--An action of the Secretary 
with respect to which review could have been obtained under subsection 
(a)(2) shall not be subject to judicial review in a civil action for 
enforcement.''.</DELETED>

     <DELETED>TITLE III--TRANSPARENCY AND ACCOUNTABILITY</DELETED>

<DELETED>SEC. 301. PUBLIC AVAILABILITY OF EARLY WARNING DATA.</DELETED>

<DELETED>    (a) In General.--Section 30166(m) of title 49, United 
States Code, is amended by--</DELETED>
        <DELETED>    (1) in paragraph (3)(A) by striking clause (ii) 
        and inserting the following:</DELETED>
                        <DELETED>    ``(ii) customer satisfaction 
                        campaigns, customer advisories, recalls, 
                        consumer complaints, warranty claims, field 
                        reports, dealer communications, or other 
                        information involving the repair or replacement 
                        of, or software upgrades for, motor vehicles or 
                        motor vehicle equipment.''; and</DELETED>
        <DELETED>    (2) in paragraph (4), by striking subparagraph (C) 
        and inserting the following:</DELETED>
                <DELETED>    ``(C) Disclosure.--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.''.</DELETED>
<DELETED>    (b) Regulations.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall issue regulations 
establishing categories of information provided to the Secretary 
pursuant to this subsection that must be made available to the public. 
The Secretary may also establish categories of information that may be 
withheld from public disclosure under paragraphs (4) and (6) of section 
552(b) of title 5, United States Code.</DELETED>
<DELETED>    (c) Consultation.--In conducting the rulemaking required 
under subsection (a), the Secretary shall consult with the Director of 
the Office of Government Information Services within the National 
Archives and the Director of the Office of Information Policy of the 
Department of Justice.</DELETED>
<DELETED>    (d) Presumption and Limitation.--The Secretary shall issue 
the regulations with a presumption in favor of maximum public 
availability of information. The following types of information shall 
not be eligible for protection under section 552(b) of title 5, United 
States Code, and shall not be withheld from public 
disclosure:</DELETED>
        <DELETED>    (1) Production information regarding passenger 
        vehicles, information on incidents involving death or injury, 
        and numbers of property damage claims.</DELETED>
        <DELETED>    (2) Aggregated numbers of consumer 
        complaints.</DELETED>
<DELETED>    (e) Nullification of Prior Regulations.--Beginning 2 years 
after the date of the enactment of this Act, the regulations 
establishing early warning reporting class determinations in Appendix C 
of section 512 of title 49, Code of Federal Regulations, shall have no 
force or effect.</DELETED>

<DELETED>SEC. 302. IMPROVED NHTSA VEHICLE SAFETY DATABASE.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (1) improving organization and functionality, 
        including design features such as dropdown menus, and allowing 
        for data to be searched, aggregated, and downloaded;</DELETED>
        <DELETED>    (2) providing greater consistency in presentation 
        of vehicle safety issues; and</DELETED>
        <DELETED>    (3) improving searchability about specific 
        vehicles and issues through standardization of commonly used 
        search terms.</DELETED>
<DELETED>    (b) Vehicle Recall Information.--The Secretary shall 
require that motor vehicle recall information be made available to 
consumers on the Internet, searchable by vehicle identification number 
in a format that preserves consumer privacy. The Secretary may initiate 
a rulemaking proceeding to require that such information be available 
on manufacturer Web sites or through other reasonable means.</DELETED>

<DELETED>SEC. 303. CONSUMER NOTICE OF SOFTWARE UPDATES AND OTHER 
              COMMUNICATIONS WITH DEALERS.</DELETED>

<DELETED>    (a) Internet Accessibility.--Section 30166(f) of title 49, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``, and make available on a 
        publicly accessible Internet website,'' after ``Secretary of 
        Transportation''; and</DELETED>
        <DELETED>    (2) by adding at the end the following: 
        ``Communications submitted to the Secretary and required to be 
        published on a manufacturer's Internet website 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.''.</DELETED>

<DELETED>SEC. 304. PROMOTION OF VEHICLE DEFECT REPORTING.</DELETED>

<DELETED>    Section 32302 of title 49, United States Code, is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(d) Motor Vehicle Defect Reporting Information.--
</DELETED>
        <DELETED>    ``(1) Rulemaking required.--Within 1 year after 
        the date of enactment of the Motor Vehicle Safety Act of 2010 
        the Secretary shall prescribe regulations that require 
        passenger motor vehicle manufacturers 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 with the 
        National Highway Traffic Safety Administration. The Secretary 
        shall require the same information to be prominently printed on 
        a separate page within the owner's manual. The information may 
        not be placed on the label required by section 3 of the 
        Automobile Information Disclosure Act (15 U.S.C. 
        1232).</DELETED>
        <DELETED>    ``(2) Application.--The requirements established 
        under paragraph (1) shall apply to passenger motor vehicles 
        manufactured in model years beginning more than 1 year after 
        the date on which a final rule is published under that 
        paragraph.''.</DELETED>

<DELETED>SEC. 305. NHTSA HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC 
              PERSONNEL.</DELETED>

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

<DELETED>SEC. 306. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE 
              MANUFACTURER, PART SUPPLIER, AND DEALERSHIP 
              EMPLOYEES.</DELETED>

<DELETED>    (a) In General.--Subchapter IV of chapter 301 of title 49, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>``Sec. 30171. Protection of employees providing motor vehicle 
              safety information</DELETED>
<DELETED>    ``(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)--</DELETED>
        <DELETED>    ``(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 information relating 
        to any motor vehicle defect or any violation or alleged 
        violation of any notification or reporting requirement of this 
        chapter;</DELETED>
        <DELETED>    ``(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 or any violation or 
        alleged violation of any notification or reporting requirement 
        of this chapter;</DELETED>
        <DELETED>    ``(3) testified or is about to testify in such a 
        proceeding; or</DELETED>
        <DELETED>    ``(4) assisted or participated or is about to 
        assist or participate in such a proceeding.</DELETED>
<DELETED>    ``(b) Complaint Procedure.--</DELETED>
        <DELETED>    ``(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 Transportation 
        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).</DELETED>
        <DELETED>    ``(2) Investigation; preliminary order.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Requirements.--</DELETED>
                        <DELETED>    ``(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 (4) of 
                        subsection (a) was a contributing factor in the 
                        unfavorable personnel action alleged in the 
                        complaint.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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 
                        (4) of subsection (a) was a contributing factor 
                        in the unfavorable personnel action alleged in 
                        the complaint.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Final order.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) to take affirmative action 
                        to abate the violation;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) to provide compensatory 
                        damages to the complainant.</DELETED>
                <DELETED>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, the bringing the complaint upon 
                which the order was issued.</DELETED>
                <DELETED>    ``(C) Frivolous complaints.--If the 
                Secretary finds 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.</DELETED>
        <DELETED>    ``(4) Review.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Enforcement of order by secretary.--Whenever 
        any person has failed 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, but not 
        limited to, injunctive relief and compensatory 
        damages.</DELETED>
        <DELETED>    ``(6) Enforcement of order by parties.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Mandamus.--Any nondiscretionary duty imposed by this 
section shall be enforceable in a mandamus proceeding brought under 
section 1361 of title 28.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

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

<DELETED>SEC. 307. CORPORATE RESPONSIBILITY FOR NHTSA 
              REPORTS.</DELETED>

<DELETED>    (a) In General.--Section 30166 of title 49, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(o) Corporate Responsibility for Reports.--The Secretary 
shall require for each company submitting information to the Secretary 
in response to a preliminary safety investigation, or in response to an 
official safety investigation under this chapter, that the principal 
executive officer or officers residing in the United States certify 
that--</DELETED>
        <DELETED>    ``(1) the signing officer has reviewed the 
        submission; and</DELETED>
        <DELETED>    ``(2) based on the officer's knowledge, the 
        submission does not contain any untrue statement of a material 
        fact or omit to state a material fact necessary in order to 
        make the statements made, in light of the circumstances under 
        which such statements were made, not misleading.''.</DELETED>
<DELETED>    (b) Penalties.--</DELETED>
        <DELETED>    (1) Civil penalty.--Section 30165(a) of title 49, 
        United States Code, is amended--</DELETED>
                <DELETED>    (A) by striking ``A person'' in paragraph 
                (3) and inserting ``Except as provided in paragraph 
                (4), a person''; and</DELETED>
                <DELETED>    (B) by adding at the end thereof the 
                following:</DELETED>
        <DELETED>    ``(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 
        $50,000 per day. The maximum penalty under this paragraph for a 
        related series of daily violations is 
        $250,000,000.''.</DELETED>
        <DELETED>    (2) Criminal penalty.--Section 30170 of title 49, 
        United States Code, is amended--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (1) and 
                (2) of subsection (a) as paragraphs (2) and (3), 
                respectively, and by inserting before paragraph (2) the 
                following:</DELETED>
        <DELETED>    ``(1) Submitting misleading information to the 
        secretary.--A person who violates section 1001 of title 18 with 
        respect to the reporting requirements of section 30118, 30119, 
        or 30166, with the specific intent of misleading the Secretary 
        with respect to motor vehicle or motor vehicle equipment safety 
        related defects shall, in addition to the penalties imposed 
        under title 18, be subject to imprisonment for not more than an 
        additional 12 months.'';</DELETED>
                <DELETED>    (B) by striking the heading for paragraph 
                (2), as redesignated, of subsection (a) and inserting 
                the following:</DELETED>
        <DELETED>    ``(2) Submitting misleading information to the 
        secretary that leads to death or serious injury.--''; 
        and</DELETED>
                <DELETED>    (C) by striking subparagraph (A) of 
                paragraph (3), as redesignated, of subsection (a) and 
                inserting the following:</DELETED>
                <DELETED>    ``(A) Correction.--A person described in 
                paragraph (1) or (2) shall not be subject to criminal 
                penalties under this subsection if--</DELETED>
                        <DELETED>    ``(i) the person corrects any 
                        improper reports or failure to report within a 
                        reasonable time; and</DELETED>
                        <DELETED>    ``(ii) in the case of a person 
                        described in paragraph (2), at the time of the 
                        violation, such person does not know that the 
                        violation would result in an accident causing 
                        death or serious bodily injury.''.</DELETED>

<DELETED>SEC. 308. ANTI-REVOLVING DOOR.</DELETED>

<DELETED>    (a) Professional Responsibility Integrity Period.--
</DELETED>
        <DELETED>    (1) In general.--Subchapter I of chapter 301 of 
        title 49, United States Code, is amended by adding at the end 
        the following:</DELETED>
<DELETED>``</DELETED><DELETED>30107. Restriction on certain employment 
              activities.</DELETED>
<DELETED>    ``(a) NHTSA Employees.--</DELETED>
        <DELETED>    ``(1) In general.--A individual to whom this 
        subsection applies who is employed by the National Highway 
        Traffic Safety Administration may not commence employment with, 
        or otherwise advise, provide assistance to, or represent for 
        compensation, a manufacturer or other person subject to 
        regulation under this chapter during the 36-month period 
        commencing upon that individual's termination of employment 
        with the National Highway Traffic Safety Administration if such 
        employment, advice, assistance, or representation involves--
        </DELETED>
                <DELETED>    ``(A) written or oral communication with 
                the National Highway Traffic Safety Administration on 
                any matter relating to compliance with the requirements 
                of this chapter on behalf of the manufacturer or 
                person;</DELETED>
                <DELETED>    ``(B) representing or advising a 
                manufacturer with respect to a motor vehicle safety or 
                fuel economy issue, including any defect related to 
                motor vehicle safety, compliance with a motor vehicle 
                safety standard, or compliance with an average fuel 
                economy standard prescribed under chapter 329 of this 
                title; or</DELETED>
                <DELETED>    ``(C) assisting a manufacturer in 
                responding to a request for information from the 
                National Highway Traffic Safety 
                Administration.</DELETED>
        <DELETED>    ``(2) Application.--</DELETED>
                <DELETED>    ``(A) In general.--This subsection applies 
                to any individual--</DELETED>
                        <DELETED>    ``(i) to whom section 207(c) or 
                        (d) of title 18 applies; or</DELETED>
                        <DELETED>    ``(ii) whose responsibilities 
                        during his or her last 12 months of employment 
                        at the National Highway Traffic Safety 
                        Administration included administrative, 
                        managerial, supervisory, legal, or senior 
                        technical responsibility for any motor vehicle 
                        safety-related program or activity.</DELETED>
        <DELETED>    ``(2) Safe harbor.--This subsection does not apply 
        to any individual employed by a manufacturer or other person 
        subject to regulation under this chapter as of the date of 
        enactment of the Motor Vehicle Safety Act of 2010.</DELETED>
<DELETED>    ``(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 36-month 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.''.</DELETED>
        <DELETED>    (2) Civil penalty.--Section 30165(a) of title 49, 
        United States Code, as amended by section 307, is further 
        amended by adding at the end the following:</DELETED>
        <DELETED>    ``(5) Section 30107.--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 of the sum of--</DELETED>
                <DELETED>    ``(A) an amount equal to not less than 
                $100,000; and</DELETED>
                <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (3) 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:</DELETED>

<DELETED>``30107. Restriction on certain employment activities''.
<DELETED>    (b) Study of Department of Transportation Policies on 
Official Communication With Former Motor Vehicle Safety Issue 
Employees.--Within 1 year after the date of enactment of this Act the 
Department of Transportation Inspector General shall--</DELETED>
        <DELETED>    (1) review the Department'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</DELETED>
        <DELETED>    (2) submit a report to the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Energy and Commerce containing 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.</DELETED>
<DELETED>    (c) Post-Employment Policy Study.--</DELETED>
        <DELETED>    (1) In general.--The Department of Transportation 
        Inspector General shall conduct a study of the Department's 
        policies relating to post-employment restrictions on employees 
        who perform functions related to transportation 
        safety.</DELETED>
        <DELETED>    (2) Report.--Not later than 1 year after the date 
        of enactment of this Act, the Inspector General shall submit a 
        report containing the results of the study conducted under 
        paragraph (1) to--</DELETED>
                <DELETED>    (A) the Senate Committee on Commerce, 
                Science, and Transportation;</DELETED>
                <DELETED>    (B) the House of Representatives Committee 
                on Energy and Commerce; and</DELETED>
                <DELETED>    (C) the Secretary of 
                Transportation.</DELETED>
        <DELETED>    (3) Use of results.--The Secretary of 
        transportation shall review the results of the study and take 
        whatever action the Secretary determines to be 
        appropriate.</DELETED>

<DELETED>SEC. 309. DEADLINES FOR RULEMAKING.</DELETED>

<DELETED>    If the Secretary determines that a deadline for a final 
rule under this Act or an amendment made by this Act cannot be met, the 
Secretary shall--</DELETED>
        <DELETED>    (1) notify the Committee on Energy and Commerce of 
        the House of Representatives and the Senate Committee on 
        Commerce, Science, and Transportation and explain why that 
        deadline cannot be met; and</DELETED>
        <DELETED>    (2) establish a new deadline for that 
        rule.</DELETED>

                  <DELETED>TITLE IV--FUNDING</DELETED>

<DELETED>SEC. 401. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 30104 of title 49, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking ``$98,313,500''; and</DELETED>
        <DELETED>    (2) by striking ``in each fiscal year beginning'' 
        and all that follows and inserting ``and to carry out the Motor 
        Vehicle Safety Act of 2010--</DELETED>
        <DELETED>    ``(1) $200,000,000 for fiscal year 2011;</DELETED>
        <DELETED>    ``(2) $240,000,000 for fiscal year 2012; 
        and</DELETED>
        <DELETED>    ``(3) $280,000,000 for fiscal year 
        2013.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Motor Vehicle 
Safety Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

           TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS

Sec. 101. NHTSA electronics, software, and engineering expertise.
Sec. 102. Vehicle stopping distance and brake override standard.
Sec. 103. Pedal placement standard.
Sec. 104. Electronic systems performance standard.
Sec. 105. Pushbutton ignition systems standard.
Sec. 106. Transmission labeling standard.
Sec. 107. Vehicle event data recorders.

                 TITLE II--ENHANCED SAFETY AUTHORITIES

Sec. 201. Civil penalties.
Sec. 202. Imminent hazard authority.

               TITLE III--TRANSPARENCY AND ACCOUNTABILITY

Sec. 301. Public availability of early warning data.
Sec. 302. Improved NHTSA vehicle safety database.
Sec. 303. Consumer notice of software updates and other communications 
                            with dealers.
Sec. 304. Promotion of vehicle defect reporting.
Sec. 305. NHTSA hotline for manufacturer, dealer, and mechanic 
                            personnel.
Sec. 306. Whistleblower protections for motor vehicle manufacturer, 
                            part supplier, and dealership employees.
Sec. 307. Corporate responsibility for NHTSA reports.
Sec. 308. Anti-revolving door.
Sec. 309. Deadlines for rulemaking.
Sec. 310. Used passenger motor vehicle consumer protection.
Sec. 311. Use of existing regulatory framework.
Sec. 312. Recalled vehicles and replacement equipment.

                           TITLE IV--FUNDING

Sec. 401. Authorization of appropriations.

                 TITLE V--PEDESTRIAN SAFETY ENHANCEMENT

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Minimum sound requirement for motor vehicles.
Sec. 504. Authorization of appropriations.

         TITLE VI--IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH

Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Driver Alcohol detection system for safety research.
Sec. 604. Definitions.
Sec. 605. Application with other laws.
Sec. 606. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Passenger motor vehicle.--The term ``passenger motor 
        vehicle'' means a motor vehicle (as defined in section 
        30102(a)(6) of title 49, United States Code) that is rated at 
        less than 10,000 pounds gross vehicular weight, but does not 
        include--
                    (A) a motorcycle;
                    (B) a low speed vehicle (as defined in section 
                571.3 of title 49, Code of Federal Regulations); or
                    (C) a trailer.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation, acting through the Administrator of the 
        National Highway Traffic Safety Administration.

           TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS

SEC. 101. 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 to build, integrate, and aggregate the agency's 
        expertise in passenger motor vehicle electronics and other new 
        and emerging technologies.
            (2) Implementation of Roadmap.--The Council shall implement 
        the NHTSA Plastic and Composite Intensive Vehicle Safety 
        Roadmap (Report No. DOT HS 810 863) to ensure that inclusion of 
        emerging lightweight plastic and composite technologies in 
        motor vehicles to increase fuel efficiency, lower emissions, 
        and meet Corporate Average Fuel Economy standards enhances 
        passenger motor vehicle safety.
            (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.--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 them to train 
with engineers and other safety officials for a career in vehicle 
safety. The Secretary is authorized to provide a stipend to students 
during their participation in the program.
    (c) Assessment.--The Council shall assess the implications of 
emerging safety technologies in passenger motor vehicles in 
consultation with affected stakeholders, including specifically the 
effect on consumers, product availability, and cost.

SEC. 102. VEHICLE STOPPING DISTANCE AND BRAKE OVERRIDE STANDARD.

    (a) Unintended Acceleration.--The Secretary shall initiate a 
rulemaking proceeding to prescribe a Federal motor vehicle safety 
standard that would mitigate unintended acceleration in passenger motor 
vehicles. The standard--
            (1) shall establish performance requirements, to be 
        determined by the Secretary according to 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;
            (2) 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;
            (3) shall require 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
            (4) may permit vehicles to incorporate a means to 
        temporarily disengage the function required under paragraph (1) 
        to facilitate operations, such as maneuvering trailers or 
        climbing steep hills, that may require the simultaneous 
        operation of brake and accelerator.
    (b) Deadline.--The Secretary shall issue a final rule under 
subsection (a) within 1 year after the date of enactment of this Act.

SEC. 103. PEDAL PLACEMENT STANDARD.

    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to consider prescribing a Federal motor vehicle safety 
standard that would mitigate potential obstruction of pedal movement in 
passenger motor vehicles, taking into account various pedal mounting 
configurations, 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 as determined by the Secretary.
    (b) Deadline.--The Secretary shall issue a final rule under 
subsection (a) within 3 years after the date of enactment of this Act, 
or, if the Secretary determines that a standard is not warranted based 
on the requirements and considerations set forth in section 30111(a) 
and (b) of title 49, United States Code, transmit a report to the 
Senate Committee on Commerce, Science, and Transportation, and the 
House of Representatives Committee on Energy and Commerce describing 
the reasons for not prescribing the standard.
    (c) Combined Rulemaking.--If appropriate, the Secretary may combine 
the rulemaking proceeding required by subsection (a) with the 
rulemaking proceeding required by section 102.

SEC. 104. ELECTRONIC SYSTEMS PERFORMANCE STANDARD.

    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to prescribe or amend a Federal motor vehicle safety 
standard to require electronic systems in passenger motor vehicles to 
meet minimum performance requirements. Such a rule may include 
requirements for electronic components, the interaction of those 
electronic components, or the effect of surrounding environments on 
those electronic systems.
    (b) National Academy of Sciences.--In conducting the rulemaking, 
the Secretary shall consider to the extent appropriate the findings and 
recommendations of the National Academy of Sciences, if any, pursuant 
to its study of electronic vehicle controls.
    (c) Deadline.--The Secretary shall issue a final rule under 
subsection (a) within 4 years after the date of enactment of this Act.

SEC. 105. PUSHBUTTON IGNITION SYSTEMS STANDARD.

    (a) Pushbutton Ignition Standard.--
            (1) In general.--The Secretary shall initiate a rulemaking 
        proceeding to consider prescribing a Federal motor vehicle 
        safety standard for passenger motor vehicles with pushbutton 
        ignition systems, to establish 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 
        under paragraph (1), the Secretary may include any other 
        ignition-starting mechanism that the Secretary deems it 
        appropriate to consider.
    (b) Pushbutton Ignition System.--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.--The Secretary shall issue a final rule under 
subsection (a) within 2 years after the date of enactment of this Act, 
or, if the Secretary determines that a standard is not warranted based 
on the requirements and considerations set forth in section 30111(a) 
and (b) of title 49, United States Code, transmit a report to the 
Senate Committee on Commerce, Science, and Transportation, and the 
House of Representatives Committee on Energy and Commerce describing 
the reasons for not prescribing the standard.

SEC. 106. TRANSMISSION LABELING STANDARD.

    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to consider amending Federal motor vehicle safety standard 
102 to improve the recognition of the gear selector positions for 
drivers, including drivers not familiar with the vehicle, and to make 
the neutral position more conspicuous.
    (b) Deadline.--The Secretary shall issue a final rule under 
subsection (a) within 2 years after the date of enactment of this Act, 
or, if the Secretary determines that amendment of the standard is not 
warranted based on the requirements and considerations set forth in 
section 30111(a) and (b) of title 49, United States Code, transmit a 
report to the Senate Committee on Commerce, Science, and 
Transportation, and the House of Representatives Committee on Energy 
and Commerce describing the reasons for not prescribing the standard.

SEC. 107. VEHICLE EVENT DATA RECORDERS.

    (a) Mandatory Event Data Recorders.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall revise part 563 of 
        title 49, Code of Federal Regulations, to require that new 
        passenger motor vehicles sold in the United States beginning 
        with the 2015 model year be equipped with an event data 
        recorder that meets the requirements of that part.
            (2) Penalty.--The violation of any provision of 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, and subject to 
                civil penalties under section 30165(a) of that title; 
                but
                    (B) shall not subject a manufacturer (as defined in 
                section 30102(a)(5) of that title) to the requirements 
                of 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 the event of 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 would update 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--
            (1) shall require such recorders to capture and store data 
        covering a reasonable time before, during, and after a motor 
        vehicle accident or airbag deployment, including information 
        about engine performance, steering, braking, acceleration, 
        vehicle speed, seat belt use, airbag deployment level, 
        deactivation status, deployment time, and deployment stage, and 
        may require such recorders to record other data related to 
        motor vehicle safety, such as data related to vehicle 
        rollovers, as the Secretary considers appropriate;
            (2) shall require such recorders to store data for a 
        sufficient time to capture relevant data from events leading up 
        to a motor vehicle accident, the accident itself, and the 
        aftermath of an accident, including a rollover;
            (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 an accident or airbag deployment;
            (4) may not require information recorded by such data 
        recorders to include the vehicle's location except as deemed 
        necessary by the Secretary for purposes of determining the need 
        for, or facilitating, emergency medical response in the event 
        of 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 these requirements do not provide adequate 
        temperature, crash or water resistance, the Secretary may 
        establish additional requirements; and
            (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.
    (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 disclose that 
the vehicle is equipped with such a data recorder and explain the 
purpose of the recorder.
    (f) Access to Event Data Recorders in Defect Investigations.--
Section 30166(c)(3)(C) of title 49, United States Code, is amended by 
striking ``equipment;'' and inserting ``equipment, including any 
electronic data contained within the vehicle's diagnostic system or 
event data recorder;''.
    (g) Deadline for Rulemaking.--The Secretary shall issue a final 
rule under subsection (b) not later than 3 years after the date of 
enactment of this Act.
    (h) Event Data Recorders for New Medium-duty and Heavy-duty 
Vehicles.--
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, the Secretary shall require that all 
        new medium-duty vehicles and heavy-duty vehicles sold in the 
        United States beginning with model year 2017 be equipped with 
        an event data recorder.
            (2) Medium- and heavy-duty vehicles defined.--In this 
        subsection, the term ``medium-duty vehicles and heavy-duty 
        vehicles'' means motor vehicles (as defined in section 
        30102(a)(6) of title 49, United States Code) that are rated at 
        10,001 pounds gross vehicular weight or more. The term does not 
        include trailers.

                 TITLE II--ENHANCED SAFETY AUTHORITIES

SEC. 201. CIVIL PENALTIES.

    (a) In General.--Section 30165 of title 49, United States Code, is 
amended--
            (1) in subsection (a)(1)--
                    (A) in the first sentence by striking ``$5,000``and 
                inserting ``$25,000''; and
                    (B) in the third sentence by striking 
                ``$15,000,000'' and inserting ``$300,000,000'';
            (2) in subsection (a)(3)--
                    (A) in the second sentence by striking ``$5,000`` 
                and inserting ``$25,000''; and
                    (B) in the third sentence by striking 
                ``$15,000,000'' and inserting ``$300,000,000'';
            (3) by striking subsection (c) and inserting the following:
    ``(c) Relevant Factors in Determining Amount of Penalty or 
Compromise.--In determining the amount of a civil penalty or 
compromise, the nature, circumstances, extent, and gravity of the 
violation shall be considered. The determination shall include, where 
appropriate, the nature of the defect or noncompliance, knowledge by 
the person charged of its obligation to recall or notify the public, 
the severity of the risk of injury, the occurrence or absence of 
injury, the number of motor vehicles or items of motor vehicle 
equipment distributed with the defect or noncompliance, the existence 
of an imminent hazard, actions taken by the person charged to identify, 
investigate, or mitigate the condition, 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 on small 
business, and such other factors as appropriate.''.
    (b) Civil Penalty Criteria.--Not later than 1 year after the date 
of enactment of this Act, and in accordance with the procedures of 
section 553 of title 5, United States Code, the Secretary shall issue a 
final regulation providing its interpretation of the penalty factors 
described in section 30165(c) of title 49, United States Code, as 
amended by subsection (a).
    (c) Construction.--Nothing in this section shall be construed as 
preventing the imposition of penalties under section 30165 of title 49, 
United States Code, prior to the issuance of a final regulation 
pursuant to subsection (b).

SEC. 202. IMMINENT HAZARD AUTHORITY.

    (a) In General.--Section 30118(b) of title 49, United States Code, 
is amended--
            (1) by redesignating paragraph (2) as paragraph (3);
            (2) by inserting ``or (2)'' in paragraph (3) (as 
        redesignated) after ``under paragraph (1)''; and
            (3) by inserting after paragraph (1) the following:
            ``(2) If the Secretary of Transportation in making a 
        decision under subsection (a) initially decides that such 
        defect or noncompliance presents a substantial likelihood of 
        death or serious injury to the public if not discontinued 
        immediately, the Secretary shall notify the manufacturer of the 
        decision that the vehicle or replacement equipment poses an 
        imminent safety hazard to the public and the basis for that 
        decision. Not later than 10 days after the initial decision, 
        the manufacturer and interested persons shall be given an 
        opportunity to present information, views, and arguments to the 
        Secretary. The Secretary shall consider such information, views 
        and arguments and may make a final decision as to whether a 
        motor vehicle or replacement equipment contains a defect 
        related to motor vehicle safety or does not comply with an 
        applicable motor vehicle safety standard prescribed under this 
        chapter.''.
    (b) Procedures.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall issue regulations establishing 
procedures for the issuance of a decision under section 30118(b)(2) of 
title 49, United States Code (as added by subsection (a)) and 
enforcement of an order based on such decision. In establishing such 
procedures, the Secretary shall prioritize the mitigation of imminent 
safety hazards.

               TITLE III--TRANSPARENCY AND ACCOUNTABILITY

SEC. 301. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

    (a) In General.--Section 30166(m) of title 49, United States Code, 
is amended by--
            (1) by striking clause (ii) in paragraph (3)(A) and 
        inserting the following:
                            ``(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) by striking subparagraph (C) of paragraph (4) and 
        inserting the following:
                    ``(C) Disclosure.--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.''.
    (b) Regulations.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall issue regulations 
establishing categories of information provided to the Secretary 
pursuant to section 30166(m) that must be made available to the public. 
The Secretary may establish categories of information that are exempt 
from public disclosure under section 552(b) of title 5, United States 
Code.
    (c) Consultation.--In conducting the rulemaking required under 
subsection (a), the Secretary shall consult with the Director of the 
Office of Government Information Services within the National Archives 
and the Director of the Office of Information Policy of the Department 
of Justice.
    (d) Presumption and Limitation.--The Secretary shall issue the 
regulations with a presumption in favor of maximum public availability 
of information. In issuing regulations under subsection (b), the 
following types of information shall presumptively not be eligible for 
protection under section 552(b) of title 5, United States Code:
            (1) Vehicle safety defect information related to incidents 
        involving death or injury.
            (2) Aggregated numbers of property damage claims; and
            (3) Aggregated numbers of consumer complaints related to 
        potential vehicle defects.

SEC. 302. 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.--Not later than 1 year after the 
date of the enactment of this Act, the Secretary shall require that 
motor vehicle safety recall information be made available to consumers 
on the Internet, searchable by a vehicle make and model and searchable 
by a vehicle identification number, in a format that preserves consumer 
privacy and that provides information about each recall that has not 
been completed for that vehicle. The Secretary may initiate a 
rulemaking proceeding to require that manufacturers provide such 
information at no cost on publicly accessible Internet websites or 
through other reasonable means.

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 ``Transportation'' and inserting 
        ``Transportation, and make available on a publicly accessible 
        Internet website,''; and
            (2) by adding at the end the following: ``Communications 
        submitted to the Secretary and required to be published on a 
        manufacturer's Internet website 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. Communications required to be submitted to the 
        Secretary under this subsection shall be accompanied by an 
        index to each communication which identifies the make, model, 
        and model year of the affected vehicles and a concise summary 
        of the subject matter of the communication. The index shall be 
        made available by the Secretary to the public on the Internet 
        in a searchable format.''.

SEC. 304. 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.--Within 1 year after the date of 
        enactment of the Motor Vehicle Safety Act of 2010 the Secretary 
        shall prescribe regulations that require passenger motor 
        vehicle manufacturers 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. The Secretary shall 
        require the same information to be prominently printed on a 
        separate page within the owner's manual. The information may 
        not be placed on the label required by section 3 of the 
        Automobile Information Disclosure Act (15 U.S.C. 1232).
            ``(2) Application.--The requirements established under 
        paragraph (1) shall apply to passenger motor vehicles 
        manufactured in model years beginning more than 1 year after 
        the date on which a final rule is published under that 
        paragraph.''.

SEC. 305. 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 contact the National Highway Traffic 
        Safety Administration directly and confidentially regarding 
        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. 306. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE MANUFACTURER, 
              PART SUPPLIER, 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 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 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 (4) 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 
                        (4) 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.
                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, the bringing the complaint upon which the order 
                was issued.
                    ``(C) Frivolous complaints.--If the Secretary finds 
                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.
                    ``(D) 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 has failed 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, but not 
        limited to, 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 by 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. 307. 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 for each 
        company submitting information to the Secretary in response to 
        a request for information in a safety defect or compliance 
        investigation under this chapter, that a principal officer 
        certify that--
                    ``(A) the signing officer has reviewed the 
                submission; and
                    ``(B) based on the officer's knowledge, the 
                submission does not contain any untrue statement of a 
                material fact or omit to state a material fact 
                necessary in order to make the statements made, in 
                light of the circumstances under which such statements 
                were made, not misleading.
            ``(2) Notice.--The certification requirements of this 
        section shall be clearly stated on any request for information 
        under paragraph (1).
            ``(3) Definition of principal officer.--In this section, 
        the term `principal officer' means--
                    ``(A) an officer of the company who resides in the 
                United States who is responsible for safety compliance 
                under United States laws and reports directly to the 
                principal executive officer of the company; or
                    ``(B) the principal executive officer residing in 
                the United States.''.
    (b) Penalties.--
            (1) Civil penalty.--Section 30165(a) of title 49, United 
        States Code, is amended--
                    (A) by striking ``A person'' in paragraph (3) and 
                inserting ``Except as provided in paragraph (4), a 
                person''; and
                    (B) by adding at the end thereof 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 
        $50,000 per day. The maximum penalty under this paragraph for a 
        related series of daily violations is $10,000,000.''.
            (2) Criminal penalty.--Section 30170 of title 49, United 
        States Code, is amended--
                    (A) by redesignating paragraphs (1) and (2) of 
                subsection (a) as paragraphs (2) and (3), respectively, 
                and by inserting before paragraph (2) the following:
            ``(1) Submitting misleading information to the secretary.--
        A person who violates section 1001 of title 18 with respect to 
        the reporting requirements of section 30118, 30119, or 30166 
        with the specific intent of misleading the Secretary with 
        respect to motor vehicle or motor vehicle equipment safety 
        related defects shall, in addition to the penalties imposed 
        under title 18, be subject to imprisonment for not more than an 
        additional 12 months.'';
                    (B) by striking the heading for paragraph (2), as 
                redesignated, of subsection (a) and inserting the 
                following:
            ``(2) Submitting misleading information to the secretary 
        that leads to death or serious injury.--''; and
                    (C) by striking subparagraph (A) of paragraph (3), 
                as redesignated, of subsection (a) and inserting the 
                following:
                    ``(A) Correction.--A person described in paragraph 
                (1) or (2) shall not be subject to criminal penalties 
                under this subsection if--
                            ``(i) the person corrects any improper 
                        reports or failure to report within a 
                        reasonable time; and
                            ``(ii) in the case of a person described in 
                        paragraph (2), at the time of the violation, 
                        such person does not know that the violation 
                        would result in an accident causing death or 
                        serious bodily injury.''.

SEC. 308. ANTI-REVOLVING DOOR.

    (a) Professional Responsibility Integrity Period.--
            (1) In general.--Subchapter I of chapter 301 of title 49, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 30107. Restriction on certain employment activities
    ``(a) NHTSA Employees.--
            ``(1) In general.--A individual to whom this subsection 
        applies who is employed by the National Highway Traffic Safety 
        Administration may not commence employment with, or otherwise 
        advise, provide assistance to, or represent for compensation, a 
        manufacturer or other person subject to regulation under this 
        chapter during the 36-month period commencing upon that 
        individual's termination of employment with the National 
        Highway Traffic Safety Administration if such employment, 
        advice, assistance, or representation involves--
                    ``(A) written or oral communication with the 
                National Highway Traffic Safety Administration on any 
                matter relating to compliance with the requirements of 
                this chapter on behalf of the manufacturer or person;
                    ``(B) representing or advising a manufacturer with 
                respect to a motor vehicle safety or fuel economy 
                issue, including any defect related to motor vehicle 
                safety, compliance with a motor vehicle safety 
                standard, or compliance with an average fuel economy 
                standard prescribed under chapter 329 of this title; or
                    ``(C) assisting a manufacturer in responding to a 
                request for information from the National Highway 
                Traffic Safety Administration.
            ``(2) Application.--
                    ``(A) In general.--This subsection applies to any 
                individual--
                            ``(i) to whom section 207 (c) or (d) of 
                        title 18 applies; or
                            ``(ii) whose responsibilities during his or 
                        her last 12 months of employment at the 
                        National Highway Traffic Safety Administration 
                        included administrative, managerial, 
                        supervisory, legal, or senior technical 
                        responsibility for any motor vehicle safety-
                        related program or activity.
            ``(3) Safe harbor.--This subsection does not apply to any 
        individual employed by a manufacturer or other person subject 
        to regulation under this chapter as of the date of enactment of 
        the Motor Vehicle Safety Act of 2010.
    ``(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 36-month 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.''.
            (2) Civil penalty.--Section 30165(a) of title 49, United 
        States Code, as amended by section 307, is further amended by 
        adding at the end the following:
            ``(5) Section 30107.--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 of 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.''.
            (3) 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 certain employment activities.''.
    (b) Study of Department of Transportation Policies on Official 
Communication With Former Motor Vehicle Safety Issue Employees.--Within 
1 year after the date of enactment of this Act the Department of 
Transportation Inspector General shall--
            (1) review the Department'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 Senate Committee on Commerce, 
        Science, and Transportation and the House of Representatives 
        Committee on Energy and Commerce containing 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.
    (c) Post-employment Policy Study.--
            (1) In general.--The Department of Transportation Inspector 
        General 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 
        enactment of this Act, the Inspector General shall submit a 
        report containing the results of the study conducted under 
        paragraph (1) to--
                    (A) the Senate Committee on Commerce, Science, and 
                Transportation;
                    (B) the House of Representatives Committee on 
                Energy and Commerce; and
                    (C) the Secretary of Transportation.
            (3) Use of results.--The Secretary of Transportation shall 
        review the results of the study and take whatever action the 
        Secretary determines to be appropriate.

SEC. 309. DEADLINES FOR RULEMAKING.

    If the Secretary determines that a deadline for a final rule under 
this Act or an amendment made by this Act cannot be met, the Secretary 
shall--
            (1) notify the House of Representatives Committee on Energy 
        and Commerce and the Senate Committee on Commerce, Science, and 
        Transportation and explain why that deadline cannot be met; and
            (2) establish a new deadline for that rule.

SEC. 310. USED PASSENGER MOTOR VEHICLE CONSUMER PROTECTION.

    (a) In General.--Section 30120 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(k) Limitation on Sale or Lease of Used Motor Vehicles.--
            ``(1) A dealer may not sell or lease a used passenger motor 
        vehicle until--
                    ``(A) the dealer clearly and conspicuously notifies 
                the purchaser or lessee, in writing, of any 
                notifications of a defect or noncompliance pursuant to 
                section 30118(b) or section 30118(c) of this title with 
                respect to the vehicle that have not been remedied; and
                    ``(B) the purchaser or lessee acknowledges, in 
                writing, the receipt of such notification.
            ``(2) Paragraph (1) shall not apply if--
                    ``(A) the defect or noncompliance is remedied as 
                required by this section before delivery under the sale 
                or lease; or
                    ``(B) notification of the defect or noncompliance 
                is required under section 30118(b) but enforcement of 
                the order is set aside in a civil action to which 
                30121(d) applies.
            ``(3) This subsection does not apply to a dealer, if the 
        recall information regarding a used passenger motor vehicle was 
        not accessible at the time of sale or lease using the means 
        established by the Secretary in section 302(b) of the Motor 
        Vehicle Safety Act of 2010.
            ``(4) In this subsection, notwithstanding section 
        30102(a)(1) of this title--
                    ``(A) the term `dealer' means a person who sold at 
                least 10 motor vehicles to consumers during the prior 
                12 months; and
                    ``(B) the term `used motor vehicle' means a motor 
                vehicle that has previously been purchased other than 
                for resale.
            ``(5) By rule, the Secretary may exempt the auctioning of 
        used motor vehicles from the requirements of this section to 
        the extent that the exemption does not harm public safety.''.
    (b) Effective Date.--This section shall take effect 18 months after 
the date of enactment of this Act.

SEC. 311. USE OF EXISTING REGULATORY FRAMEWORK.

    In conducting any rulemaking proceedings required by this Act or by 
any amendment made by this Act, the Secretary shall, where appropriate, 
amend or modify existing regulations or standards pertaining to the 
same or a similar subject matter.

SEC. 312. RECALLED VEHICLES AND REPLACEMENT EQUIPMENT.

    (a) Improving the Efficacy of Motor Vehicle Safety Recalls.--
Section 30119(e) of title 49, United States Code, is amended by adding 
at the end the following: ``If, in the Secretary's judgment, depending 
on the severity of the defect or noncompliance, the second notification 
by a manufacturer does not result in an adequate number of passenger 
motor vehicles or items of replacement equipment being returned for 
remedy, the Secretary may--
            ``(1) attempt to notify the registered owner of the 
        recalled vehicle via first class mail or electronic means; and
            ``(2) explain in writing to the registered owner the safety 
        risk posed by the defect or noncompliance.''.
    (b) Locating Owners or Lessees.--Section 30119 of title 49, United 
States Code, is amended by adding at the end the following:
    ``(g) Locating Owners or Lessees.--Depending on the magnitude of 
the risk to passenger motor vehicle safety, in the case of severe and 
life-threatening defects the Secretary may utilize, as appropriate, 
governmental motor vehicle databases or require manufacturers to 
provide sufficient information to enable the Secretary to locate and 
notify the owner or lessee of the defective or noncompliant vehicle or 
replacement equipment.''.

                           TITLE IV--FUNDING

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    Section 30104 of title 49, United States Code, is amended--
            (1) by striking ``$98,313,500''; and
            (2) by striking ``in each fiscal year beginning'' and all 
        that follows and inserting ``and to carry out the Motor Vehicle 
        Safety Act of 2010--
            ``(1) $200,000,000 for fiscal year 2011;
            ``(2) $240,000,000 for fiscal year 2012; and
            ``(3) $280,000,000 for fiscal year 2013.''.

                 TITLE V--PEDESTRIAN SAFETY ENHANCEMENT

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Pedestrian Safety Enhancement Act 
of 2009'.

SEC. 502. DEFINITIONS.

    In this title:
            (1) Alert sound; sound.--The term ``alert sound'' or 
        ``sound'' means a vehicle-emitted sound to enable pedestrians 
        to discern vehicle presence, direction, location, and 
        operation.
            (2) Cross-over speed.--The term ``cross-over speed'' means 
        the speed at which tire noise, wind resistance, and other 
        factors eliminate the need for a separate alert sound as 
        determined by the Secretary.
            (3) Conventional motor vehicle.--The term ``conventional 
        motor vehicle'' means a motor vehicle powered by a gasoline, 
        diesel, or alternative fueled internal combustion engine as its 
        sole means of propulsion.
            (4) Dealer.--The term ``dealer'' has the meaning given such 
        term in section 30102(a)(1) of title 49, United States Code.
            (5) Defect.--The term ``defect'' has the meaning given such 
        term in section 30102(a)(2) of title 49, United States Code.
            (6) Electric vehicle.--The term ``electric vehicle'' means 
        a motor vehicle with an electric motor as its sole means of 
        propulsion.
            (7) Hybrid vehicle.--The term ``hybrid vehicle'' means a 
        motor vehicle which has more than one means of propulsion.
            (8) Manufacturer.--The term ``manufacturer'' has the 
        meaning given such term in section 30102(a)(5) of title 49, 
        United States Code.
            (9) Motor vehicle.--The term ``motor vehicle'' has the 
        meaning given such term in section 30102(a)(6) of title 49, 
        United States Code, except that such term shall not include a 
        trailer (as such term is defined in section 571.3 of title 49, 
        Code of Federal Regulations).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 503. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES.

    (a) Rulemaking required.--Not later than 18 months after the date 
of enactment of this Act the Secretary shall initiate rulemaking, under 
section 30111 of title 49, United States Code, to promulgate a motor 
vehicle safety standard--
            (1) establishing performance requirements for an alert 
        sound that allows blind and other pedestrians to reasonably 
        detect a nearby electric or hybrid vehicle operating below the 
        cross-over speed, if any, and
            (2) requiring new electric or hybrid vehicles to provide an 
        alert sound conforming to the requirements of the motor vehicle 
        safety standard established under this subsection.
The motor vehicle safety standard established under this subsection 
shall not require either driver or pedestrian activation of the alert 
sound and shall allow the pedestrian to reasonably detect a nearby 
electric or hybrid vehicle in critical operating scenarios including, 
but not limited to, constant speed, accelerating, or decelerating. The 
Secretary shall allow manufacturers to provide each vehicle with one or 
more sounds that comply with the motor vehicle safety standard at the 
time of manufacture. Further, the Secretary shall require manufacturers 
to provide, within reasonable manufacturing tolerances, the same sound 
or set of sounds for all vehicles of the same make and model and shall 
prohibit manufacturers from providing any mechanism for anyone other 
than the manufacturer or the dealer to disable, alter, replace, or 
modify the sound or set of sounds, except that the manufacturer or 
dealer may alter, replace, or modify the sound or set of sounds in 
order to remedy a defect or non-compliance with the motor vehicle 
safety standard. The Secretary shall promulgate the required motor 
vehicle safety standard pursuant to this subsection not later than 36 
months after the date of enactment of this Act.
    (b) Consideration.--When conducting the required rulemaking, the 
Secretary shall--
            (1) determine the minimum level of sound emitted from a 
        motor vehicle that is necessary to provide blind and other 
        pedestrians with the information needed to reasonably detect a 
        nearby electric or hybrid vehicle operating at or below the 
        cross-over speed, if any;
            (2) determine the performance requirements for an alert 
        sound that is recognizable to a pedestrian as a motor vehicle 
        in operation; and
            (3) consider the overall community noise impact.
    (c) Phase-in Required.--The motor vehicle safety standard 
prescribed pursuant to subsection (a) of this section shall establish a 
phase-in period for compliance, as determined by the Secretary, and 
shall require full compliance with the required motor vehicle safety 
standard for motor vehicles manufactured on or after September 1 of the 
calendar year that begins 3 years after the date on which the final 
rule is issued.
    (d) Required Consultation.--When conducting the required study and 
rulemaking, the Secretary shall--
            (1) consult with the Environmental Protection Agency to 
        assure that the motor vehicle safety standard is consistent 
        with existing noise requirements overseen by that Agency;
            (2) consult consumer groups representing individuals who 
        are blind;
            (3) consult with automobile manufacturers and professional 
        organizations representing them; and
            (4) consult technical standardization organizations 
        responsible for measurement methods such as the Society of 
        Automotive Engineers, the International Organization for 
        Standardization, and the United Nations Economic Commission for 
        Europe, World Forum for Harmonization of Vehicle Regulations.
    (e) Required Study and Report to Congress.--Not later than 48 
months after the date of enactment of this Act, the Secretary shall 
complete a study and report to Congress as to whether there exists a 
safety need to apply the motor vehicle safety standard required by 
subsection (a) to conventional motor vehicles. In the event that the 
Secretary determines there exists a safety need, the Secretary shall 
initiate rulemaking under section 30111 of title 49, United States 
Code, to extend the standard to conventional motor vehicles.

SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Transportation such sums as may be necessary to carry out this title.

         TITLE VI--IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Research of Alcohol Detection 
Systems for Stopping Alcohol-related Fatalities Everywhere Act of 
2010'' or the ``ROADS SAFE Act of 2010''.

SEC. 602. FINDINGS.

    Congress finds the following:
            (1) Alcohol-impaired driving fatalities represent 
        approximately \1/3\ of all highway fatalities in the United 
        States in a given year.
            (2) In 2008, there were 11,773 alcohol-impaired driving 
        fatalities.
            (3) An estimated 9,000 road traffic deaths could be 
        prevented every year if alcohol detection technologies were 
        more widely used to prevent alcohol-impaired drivers from 
        operating their vehicles.
            (4) The National Highway Traffic Safety Administration has 
        partnered with automobile manufacturers to develop alcohol 
        detection technologies that could be installed in vehicles to 
        prevent drunk driving.
            (5) Alcohol detection technologies will not be widely 
        accepted by the public unless they are moderately priced, 
        absolutely reliable, and set at a level that would not prevent 
        a driver whose blood alcohol content is less than the legal 
        limit from operating a vehicle.

SEC. 603. DRIVER ALCOHOL DETECTION SYSTEM FOR SAFETY 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 Energy and Commerce--
            (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.

SEC. 604. DEFINTIONS.

    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.

SEC. 605. APPLICATION WITH OTHER LAWS.

    Nothing in this title shall be construed to modify or otherwise 
affect any Federal, State, or local government law, civil or criminal, 
with respect to the operation of a motor vehicle.

SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Transportation $12,000,000 for each of fiscal years 2011 
through 2015 to carry out the collaborative research effort under 
section 603(a).
    (b) Excess Funds.--Any amounts appropriated pursuant to subsection 
(a) that are not needed to carry out collaborative research under 
section 603(a) may be used by the Secretary for highway safety research 
in accordance with chapter 301 of title 49, United States Code, and 
chapter 403 of title 23, United States Code.
                                                       Calendar No. 653

111th CONGRESS

  2d Session

                                S. 3302

_______________________________________________________________________

                                 A BILL

  To amend title 49, United States Code, to establish new automobile 
    safety standards, make better motor vehicle safety information 
available to the National Highway Traffic Safety Administration and the 
                    public, and for other purposes.

_______________________________________________________________________

                           November 29, 2010

        Reported with an amendment in the nature of a substitute
```