II 

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. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Motor Vehicle Safety Act of 2010’’. 

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

7 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. Keyless ignition systems standard. 

Sec. 106. Transmission configuration 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. 

TITLE IV—FUNDING 

Sec. 401. Authorization of appropriations. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 


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1 (1) PASSENGER VEHICLE.—The term ‘‘pas2 senger vehicle’’ means a motor vehicle (as defined in 

3 section 30102(a)(6) of title 49, United States Code), 

4 other than a motorcycle or trailer, that is rated at 

5 less than 10,000 pounds gross vehicular weight. 

6 (2) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Transportation, acting through the 

8 Administrator of the National Highway Traffic Safe9 ty Administration. 

10 TITLE I—VEHICLE ELEC11 TRONICS AND SAFETY STAND12 ARDS 

13 SEC. 101. NHTSA ELECTRONICS, SOFTWARE, AND ENGI14 NEERING EXPERTISE. 

15 (a) CENTER FOR VEHICLE ELECTRONICS, VEHICLE

16 SOFTWARE, AND EMERGING TECHNOLOGIES.—The Sec17 retary shall establish, within the National Highway Traffic 

18 Safety Administration, a Center for Vehicle Electronics, 

19 Vehicle Software, and Emerging Technologies to build, in20 tegrate, and aggregate the agency’s expertise in vehicle 

21 electronics and other new and emerging technologies. The 

22 center shall coordinate with all components of the agency 

23 responsible for vehicle safety, including research and de24 velopment, rulemaking, and defects investigation. 


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1 (b) HONORS RECRUITMENT PROGRAM.—The Sec2 retary shall establish, within the National Highway Traffic 

3 Safety Administration, an honors program for engineering 

4 students, computer science students, and other students 

5 interested in vehicle safety that will enable them to train 

6 with engineers and other safety officials for a career in 

7 vehicle safety. The Secretary is authorized to provide a 

8 stipend to students during their participation in the pro9 gram. 

10 SEC. 102. VEHICLE STOPPING DISTANCE AND BRAKE OVER11 RIDE STANDARD. 

12 (a) UNINTENDED ACCELERATION.—The Secretary 

13 shall initiate a rulemaking proceeding to prescribe a Fed14 eral motor vehicle safety standard that would prevent un15 intended acceleration in passenger vehicles. The stand16 ard— 

17 (1) shall require manufacturers of passenger ve18 hicles to equip the vehicles with a technology or 

19 mechanism that enables a driver to bring a vehicle 

20 safely to a full stop within a specified distance, to 

21 be determined by the Secretary according to the 

22 speed, size, and weight of the vehicle, by normal 

23 braking pressure even if the vehicle is operating si24 multaneously at open throttle; 


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1 (2) may permit compliance through a smart 

2 pedal system that requires brake pedal input, after 

3 a period of time, to override the input signal from 

4 the accelerator pedal and other functions, in order to 

5 safely control the vehicle; 

6 (3) shall require that redundant circuits or 

7 other mechanisms be built into accelerator control 

8 systems, including systems controlled by electronic 

9 throttle, to maintain vehicle control in the event of 

10 failure of the primary circuit or mechanism; and 

11 (4) may permit vehicles to incorporate a means 

12 by which the driver would be able to temporarily dis13 engage the function required under paragraph (1) to 

14 facilitate operations, such as maneuvering trailers, 

15 that may require the simultaneous operation of 

16 brake and accelerator. 

17 (b) DEADLINE.—The Secretary shall issue a final 

18 rule under subsection (a) within 1 year after the date of 

19 enactment of this Act. 

20 (c) LEAD-TIME.—The standard prescribed under 

21 subsection (a) shall provide not more than 2 model years 

22 of regulatory lead-time. 

23 SEC. 103. PEDAL PLACEMENT STANDARD. 

24 (a) IN GENERAL.—The Secretary shall initiate a 

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1 cle safety standard that would prevent potential obstruc2 tion of pedal movement in passenger vehicles by estab3 lishing minimum clearances for passenger vehicle foot ped4 als with respect to other pedals, the vehicle floor (including 

5 aftermarket floor coverings), and any other potential ob6 struction to pedal movement, taking into account various 

7 pedal mounting configurations. 

8 (b) DEADLINE.—The Secretary shall issue a final 

9 rule under subsection (a) within 2 years after the date 

10 of enactment of this Act. 

11 (c) COMBINED RULEMAKING.—If appropriate, the 

12 Secretary may combine the rulemaking proceeding re13 quired by subsection (a) with the rulemaking proceeding 

14 required by section 102. 

15 (d) LEAD-TIME.—The standard prescribed under 

16 subsection (a) shall provide not more than 2 model years 

17 of regulatory lead-time. 

18 SEC. 104. ELECTRONIC SYSTEMS PERFORMANCE STAND19 ARD. 

20 (a) IN GENERAL.—The Secretary shall initiate a 

21 rulemaking proceeding to require electronic systems in 

22 passenger vehicles to meet minimum performance stand23 ards. Such a rule may include requirements for electronic 

24 components, the interaction of those electronic compoVerDate Mar 15 2010 03:15 Nov 30, 2010 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S3302.RS S3302

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1 nents, or the effect of surrounding environments on those 

2 electronic systems. 

3 (b) DEADLINE.—The Secretary shall issue a final 

4 rule under subsection (a) within 3 years after the date 

5 of enactment of this Act. 

6 (c) LEAD-TIME.—The standard prescribed under 

7 subsection (a) shall provide not more than 2 model years 

8 of regulatory lead-time. 

9 SEC. 105. KEYLESS IGNITION SYSTEMS STANDARD. 

10 (a) IN GENERAL.—The Secretary shall initiate a 

11 rulemaking proceeding to prescribe a Federal motor vehi12 cle safety standard for passenger vehicles with keyless or 

13 push-button ignition systems, to establish— 

14 (1) the means by which a driver who may be 

15 unfamiliar with the vehicle uses the ignition system 

16 to safely bring a vehicle under control during an 

17 emergency situation; and 

18 (2) the appropriate labeling, size, and location 

19 of the controls for such systems. 

20 (b) DEADLINE.—The Secretary shall issue a final 

21 rule under subsection (a) within 1 year after the date of 

22 enactment of this Act. 

23 (c) LEAD-TIME.—The standard prescribed under 

24 subsection (a) shall provide not more than 2 model years 

25 of regulatory lead-time. 


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1 SEC. 106. TRANSMISSION CONFIGURATION STANDARD. 

2 (a) IN GENERAL.—The Secretary shall initiate a 

3 rulemaking proceeding to prescribe a Federal motor vehi4 cle safety standard for passenger vehicles requiring an in5 tuitive configuration and labeling of gear shifting controls 

6 for drivers, including drivers unfamiliar with the vehicle, 

7 and that makes the neutral position conspicuous. 

8 (b) DEADLINE.—The Secretary shall issue a final 

9 rule under subsection (a) within 1 year after the date of 

10 enactment of this Act. 

11 (c) LEAD-TIME.—The standard prescribed under 

12 subsection (a) shall provide not more than 1 model year 

13 of regulatory lead-time. 

14 SEC. 107. VEHICLE EVENT DATA RECORDERS. 

15 (a) MANDATORY EVENT DATA RECORDERS.—Not 

16 later than 60 days after the date of enactment of this Act, 

17 the Secretary shall require that all passenger vehicles be 

18 equipped with an event data recorder that meets the re19 quirements for such recorders established in part 563 of 

20 title 49, Code of Federal Regulations. The Secretary shall 

21 require compliance with such requirement for all pas22 senger vehicles manufactured in the first model year that 

23 is 2 years after the date of enactment of this Act. 

24 (b) REVISED REQUIREMENTS FOR EVENT DATA RE25 CORDERS.—The Secretary shall initiate a rulemaking pro26 ceeding requiring that the event data recorders required 


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1 to be installed in passenger vehicles pursuant to subsection 

2 (a)— 

3 (1) be temperature, water, crash, and tamper 

4 resistant; and 

5 (2) continuously record vehicle operational data 

6 that can be accessed for retrieval and analysis in ac7 cordance with subsections (c) and (d). 

8 (c) SPECIFICATIONS.—The rule— 

9 (1) shall require such recorders to record, for a 

10 reasonable time before, during, and after a crash or 

11 airbag deployment, information that includes engine 

12 performance, steering, braking, acceleration, vehicle 

13 speed, seat belt use, and airbag deployment level, de14 activation status, deployment time, and deployment 

15 stage, and may require such recorders to record 

16 other data, such as data related to vehicle rollovers, 

17 as the Secretary considers appropriate; 

18 (2) shall require such recorders to record data 

19 for at least 60 seconds prior to, and 15 seconds 

20 after, a crash or airbag deployment; 

21 (3) may require such recorders to capture cer22 tain events such as rapid deceleration, full-throttle 

23 acceleration lasting more than 15 seconds, and full 

24 braking lasting more than 10 seconds, even if there 

25 is not a crash or airbag deployment; 


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1 (4) may not require information recorded or 

2 transmitted by such data recorders to include the ve3 hicle’s location; 

4 (5) shall require that data stored on such re5 corders be accessible, regardless of vehicle manufac6 turer or model, with commercially available equip7 ment; and 

8 (6) shall specify data format requirements and 

9 other requirements, and shall require an interoper10 able data access port to facilitate universal accessi11 bility and analysis. 

12 (d) LIMITATIONS ON INFORMATION RETRIEVAL.— 

13 (1) OWNERSHIP OF DATA.—The rule issued 

14 under subsection (b) shall provide that any data in 

15 a data recorder required under the rule is the prop16 erty of the owner or lessee of the motor vehicle in 

17 which the data recorder is installed. 

18 (2) PRIVACY.—The rule issued under sub19 section (b) shall provide that information recorded 

20 or transmitted by such a data recorder may not be 

21 retrieved by a person other than the owner or lessee 

22 of the motor vehicle in which the recorder is in23 stalled unless— 

24 (A) a court authorizes retrieval of the in25 formation in furtherance of a legal proceeding; 


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1 (B) the owner or lessee consents to the re2 trieval of the information for any purpose, in3 cluding the purpose of diagnosing, servicing, or 

4 repairing the motor vehicle; or 

5 (C) the information is retrieved by a Gov6 ernment motor vehicle safety agency for the 

7 purpose of improving motor vehicle safety if the 

8 personally identifiable information of the owner, 

9 lessee, or driver of the vehicle and the vehicle 

10 identification number is not disclosed in connec11 tion with the retrieved information. 

12 (e) DISCLOSURE OF EXISTENCE AND PURPOSE OF

13 EVENT DATA RECORDER.—The rule issued under sub14 section (b) shall provide that any owner’s manual or simi15 lar documentation provided to the first purchaser of a pas16 senger vehicle for purposes other than resale shall disclose 

17 that the vehicle is equipped with such a data recorder and 

18 explain the purpose of the recorder. 

19 (f) ACCESS TO EVENT DATA RECORDERS IN DEFECT

20 INVESTIGATIONS.—Section 30166(c)(3)(C) of title 49, 

21 United States Code, is amended by inserting ‘‘, including 

22 any electronic data contained within the vehicle’s diag23 nostic system or event data recorder’’ after ‘‘equipment’’. 


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1 (g) DEADLINE FOR RULEMAKING.—The Secretary 

2 shall issue a final rule under subsection (b) not later than 

3 3 years after the date of enactment of this Act. 

4 (h) LEAD-TIME.—The rule issued under subsection 

5 (b) shall take effect beginning with passenger vehicles 

6 manufactured in the first model year that is 2 years after 

7 the date on which a final rule is issued under this section. 

8 TITLE II—ENHANCED SAFETY 

9 AUTHORITIES 

10 SEC. 201. CIVIL PENALTIES. 

11 Section 30165 of title 49, United States Code, is 

12 amended— 

13 (1) in subsection (a)(1)— 

14 (A) in the first sentence by striking 

15 ‘‘$5,000’’and inserting ‘‘$25,000’’; and 

16 (B) by striking the third sentence; and 

17 (2) in subsection (a)(3)— 

18 (A) in the second sentence by striking 

19 ‘‘$5,000’’ and inserting ‘‘$25,000’’; and 

20 (B) by striking the third sentence. 

21 SEC. 202. IMMINENT HAZARD AUTHORITY. 

22 (a) IN GENERAL.—Section 30118(b) of title 49, 

23 United States Code, is amended by adding at the end the 

24 following: 

25 ‘‘(3) IMMINENT HAZARDS.— 


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1 ‘‘(A) ORDERS.—Notwithstanding the pro2 cedures set forth in paragraphs (1) and (2), if 

3 the Secretary decides that a motor vehicle or an 

4 item of motor vehicle replacement equipment is 

5 not compliant with a motor vehicle safety 

6 standard or contains a defect related to motor 

7 vehicle safety and presents an imminent hazard 

8 to public safety that may result in death or se9 rious bodily harm, the Secretary— 

10 ‘‘(i) shall notify the manufacturer of 

11 the motor vehicle or replacement equip12 ment of the decision that the vehicle or 

13 equipment poses an imminent safety haz14 ard to the public and the basis for that de15 cision; 

16 ‘‘(ii) may order the manufacturer and 

17 any person having a legal relationship with 

18 the manufacturer, including dealers and 

19 distributors, to stop any further produc20 tion, sale, offer for sale, lease, offer for 

21 lease, distribution, the introduction or de22 livery for introduction in interstate com23 merce, or importation into the United 

24 States of that motor vehicle or item of re25 placement equipment; and 


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1 ‘‘(iii) may order the manufacturer and 

2 any person having a legal relationship with 

3 the manufacturer, including dealers and 

4 distributors, to notify purchasers of the ve5 hicle or item of replacement equipment of 

6 the Secretary’s decision that the vehicle or 

7 the item of replacement equipment poses 

8 an imminent safety hazard and provide the 

9 purchaser of such vehicle or item of re10 placement equipment with information ex11 plaining the safety risk and actions the 

12 purchasers can take to reduce that risk.’’. 

13 (b) JUDICIAL REVIEW OF RECALL ORDERS.—Section 

14 30161 of title 49, United States Code, is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘A person’’ and inserting 

17 ‘‘(1) A person’’; and 

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

19 ‘‘(2) A person adversely affected by an order issued 

20 under section 30118 may apply for review of the order 

21 by filing a petition for review in court of appeals of the 

22 United States for the circuit in which the person resides 

23 or has its principal place of business or the United States 

24 Court of Appeals for the District of Columbia Circuit. The 


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1 petition must be filed not later than 59 days after the 

2 order is issued.’’; and 

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

4 ‘‘(f) AVAILABILITY OF REVIEW.—An action of the 

5 Secretary with respect to which review could have been 

6 obtained under subsection (a)(2) shall not be subject to 

7 judicial review in a civil action for enforcement.’’. 

8 TITLE III—TRANSPARENCY AND 

9 ACCOUNTABILITY 

10 SEC. 301. PUBLIC AVAILABILITY OF EARLY WARNING DATA. 

11 (a) IN GENERAL.—Section 30166(m) of title 49, 

12 United States Code, is amended by— 

13 (1) in paragraph (3)(A) by striking clause (ii) 

14 and inserting the following: 

15 ‘‘(ii) customer satisfaction campaigns, 

16 customer advisories, recalls, consumer 

17 complaints, warranty claims, field reports, 

18 dealer communications, or other informa19 tion involving the repair or replacement of, 

20 or software upgrades for, motor vehicles or 

21 motor vehicle equipment.’’; and 

22 (2) in paragraph (4), by striking subparagraph 

23 (C) and inserting the following: 

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1 section shall be disclosed publicly unless exempt 

2 from disclosure under section 552(b) of title 

3 5.’’. 

4 (b) REGULATIONS.—Not later than 2 years after the 

5 date of enactment of this Act, the Secretary shall issue 

6 regulations establishing categories of information provided 

7 to the Secretary pursuant to this subsection that must be 

8 made available to the public. The Secretary may also es9 tablish categories of information that may be withheld 

10 from public disclosure under paragraphs (4) and (6) of 

11 section 552(b) of title 5, United States Code. 

12 (c) CONSULTATION.—In conducting the rulemaking 

13 required under subsection (a), the Secretary shall consult 

14 with the Director of the Office of Government Information 

15 Services within the National Archives and the Director of 

16 the Office of Information Policy of the Department of Jus17 tice. 

18 (d) PRESUMPTION AND LIMITATION.—The Secretary 

19 shall issue the regulations with a presumption in favor of 

20 maximum public availability of information. The following 

21 types of information shall not be eligible for protection 

22 under section 552(b) of title 5, United States Code, and 

23 shall not be withheld from public disclosure: 


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1 (1) Production information regarding passenger 

2 vehicles, information on incidents involving death or 

3 injury, and numbers of property damage claims. 

4 (2) Aggregated numbers of consumer com5 plaints. 

6 (e) NULLIFICATION OF PRIOR REGULATIONS.—Be7 ginning 2 years after the date of the enactment of this 

8 Act, the regulations establishing early warning reporting 

9 class determinations in Appendix C of section 512 of title 

10 49, Code of Federal Regulations, shall have no force or 

11 effect. 

12 SEC. 302. IMPROVED NHTSA VEHICLE SAFETY DATABASE. 

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

14 date of the enactment of this Act, the Secretary shall im15 prove public accessibility to information on the National 

16 Highway Traffic Safety Administration’s publicly acces17 sible vehicle safety databases by— 

18 (1) improving organization and functionality, 

19 including design features such as dropdown menus, 

20 and allowing for data to be searched, aggregated, 

21 and downloaded; 

22 (2) providing greater consistency in presen23 tation of vehicle safety issues; and 


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1 (3) improving searchability about specific vehi2 cles and issues through standardization of commonly 

3 used search terms. 

4 (b) VEHICLE RECALL INFORMATION.—The Secretary 

5 shall require that motor vehicle recall information be made 

6 available to consumers on the Internet, searchable by vehi7 cle identification number in a format that preserves con8 sumer privacy. The Secretary may initiate a rulemaking 

9 proceeding to require that such information be available 

10 on manufacturer Web sites or through other reasonable 

11 means. 

12 SEC. 303. CONSUMER NOTICE OF SOFTWARE UPDATES AND 

13 OTHER COMMUNICATIONS WITH DEALERS. 

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

15 title 49, United States Code, is amended— 

16 (1) by inserting ‘‘, and make available on a 

17 publicly accessible Internet website,’’ after ‘‘Sec18 retary of Transportation’’; and 

19 (2) by adding at the end the following: ‘‘Com20 munications submitted to the Secretary and required 

21 to be published on a manufacturer’s Internet website 

22 shall include all notices to dealerships of software 

23 upgrades and modifications recommended by a man24 ufacturer for all previously sold vehicles. Notice is 

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1 tion is not related to a safety defect or noncompli2 ance with a motor vehicle safety standard. The no3 tice shall include a plain language description of the 

4 purpose of the update and that description shall be 

5 prominently placed at the beginning of the notice.’’. 

6 SEC. 304. PROMOTION OF VEHICLE DEFECT REPORTING. 

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

8 amended by adding at the end the following: 

9 ‘‘(d) MOTOR VEHICLE DEFECT REPORTING INFOR10 MATION.— 

11 ‘‘(1) RULEMAKING REQUIRED.—Within 1 year 

12 after the date of enactment of the Motor Vehicle 

13 Safety Act of 2010 the Secretary shall prescribe reg14 ulations that require passenger motor vehicle manu15 facturers to affix, in the glove compartment or in 

16 another readily accessible location on the vehicle, a 

17 sticker, decal, or other device that provides, in sim18 ple and understandable language, information about 

19 how to submit a safety-related motor vehicle defect 

20 complaint with the National Highway Traffic Safety 

21 Administration. The Secretary shall require the 

22 same information to be prominently printed on a 

23 separate page within the owner’s manual. The infor24 mation may not be placed on the label required by 


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1 section 3 of the Automobile Information Disclosure 

2 Act (15 U.S.C. 1232). 

3 ‘‘(2) APPLICATION.—The requirements estab4 lished under paragraph (1) shall apply to passenger 

5 motor vehicles manufactured in model years begin6 ning more than 1 year after the date on which a 

7 final rule is published under that paragraph.’’. 

8 SEC. 305. NHTSA HOTLINE FOR MANUFACTURER, DEALER, 

9 AND MECHANIC PERSONNEL. 

10 The Secretary shall— 

11 (1) establish a means by which mechanics, pas12 senger vehicle dealership personnel, and passenger 

13 vehicle manufacturer personnel may contact the Na14 tional Highway Traffic Safety Administration di15 rectly and confidentially regarding potential pas16 senger vehicle safety defects; and 

17 (2) publicize the means for contacting the Na18 tional Highway Traffic Safety Administration in a 

19 manner that targets mechanics, passenger vehicle 

20 dealership personnel, and manufacturer personnel. 


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1 SEC. 306. WHISTLEBLOWER PROTECTIONS FOR MOTOR VE2 HICLE MANUFACTURER, PART SUPPLIER, 

3 AND DEALERSHIP EMPLOYEES. 

4 (a) IN GENERAL.—Subchapter IV of chapter 301 of 

5 title 49, United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘§ 30171. Protection of employees providing motor ve8 hicle safety information 

9 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEES OF

10 MANUFACTURERS, PART SUPPLIERS, AND DEALER11 SHIPS.—No motor vehicle manufacturer, part supplier, or 

12 dealership may discharge an employee or otherwise dis13 criminate against an employee with respect to compensa14 tion, terms, conditions, or privileges of employment be15 cause the employee (or any person acting pursuant to a 

16 request of the employee)— 

17 ‘‘(1) provided, caused to be provided, or is 

18 about to provide (with any knowledge of the em19 ployer) or cause to be provided to the employer or 

20 the Secretary information relating to any motor ve21 hicle defect or any violation or alleged violation of 

22 any notification or reporting requirement of this 

23 chapter; 

24 ‘‘(2) has filed, caused to be filed, or is about to 

25 file (with any knowledge of the employer) or cause 

26 to be filed a proceeding relating to any violation or 


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1 alleged violation of any motor vehicle defect or any 

2 violation or alleged violation of any notification or 

3 reporting requirement of this chapter; 

4 ‘‘(3) testified or is about to testify in such a 

5 proceeding; or 

6 ‘‘(4) assisted or participated or is about to as7 sist or participate in such a proceeding. 

8 ‘‘(b) COMPLAINT PROCEDURE.— 

9 ‘‘(1) FILING AND NOTIFICATION.—A person 

10 who believes that he or she has been discharged or 

11 otherwise discriminated against by any person in 

12 violation of subsection (a) may, not later than 180 

13 days after the date on which such violation occurs, 

14 file (or have any person file on his or her behalf) a 

15 complaint with the Secretary of Transportation al16 leging such discharge or discrimination. Upon re17 ceipt of such a complaint, the Secretary shall notify, 

18 in writing, the person named in the complaint of the 

19 filing of the complaint, of the allegations contained 

20 in the complaint, of the substance of evidence sup21 porting the complaint, and of the opportunities that 

22 will be afforded to such person under paragraph (2). 

23 ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— 

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

25 days after the date of receipt of a complaint 


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1 filed under paragraph (1) and after affording 

2 the person named in the complaint an oppor3 tunity to submit to the Secretary a written re4 sponse to the complaint and an opportunity to 

5 meet with a representative of the Secretary to 

6 present statements from witnesses, the Sec7 retary shall conduct an investigation and deter8 mine whether there is reasonable cause to be9 lieve that the complaint has merit and notify, in 

10 writing, the complainant and the person alleged 

11 to have committed a violation of subsection (a) 

12 of the Secretary’s findings. If the Secretary 

13 concludes that there is a reasonable cause to 

14 believe that a violation of subsection (a) has oc15 curred, the Secretary shall accompany the Sec16 retary’s findings with a preliminary order pro17 viding the relief prescribed by paragraph 

18 (3)(B). Not later than 30 days after the date 

19 of notification of findings under this paragraph, 

20 either the person alleged to have committed the 

21 violation or the complainant may file objections 

22 to the findings or preliminary order, or both, 

23 and request a hearing on the record. The filing 

24 of such objections shall not operate to stay any 

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1 nary order. Such hearings shall be conducted 

2 expeditiously. If a hearing is not requested in 

3 such 30-day period, the preliminary order shall 

4 be deemed a final order that is not subject to 

5 judicial review. 

6 ‘‘(B) REQUIREMENTS.— 

7 ‘‘(i) REQUIRED SHOWING BY COM8 PLAINANT.—The Secretary shall dismiss a 

9 complaint filed under this subsection and 

10 shall not conduct an investigation other11 wise required under subparagraph (A) un12 less the complainant makes a prima facie 

13 showing that any behavior described in 

14 paragraphs (1) through (4) of subsection 

15 (a) was a contributing factor in the unfa16 vorable personnel action alleged in the 

17 complaint. 

18 ‘‘(ii) SHOWING BY EMPLOYER.—Not19 withstanding a finding by the Secretary 

20 that the complainant has made the show21 ing required under clause (i), no investiga22 tion otherwise required under subpara23 graph (A) shall be conducted if the em24 ployer demonstrates, by clear and con25 vincing evidence, that the employer would 


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1 have taken the same unfavorable personnel 

2 action in the absence of that behavior. 

3 ‘‘(iii) CRITERIA FOR DETERMINATION

4 BY SECRETARY.—The Secretary may de5 termine that a violation of subsection (a) 

6 has occurred only if the complainant dem7 onstrates that any behavior described in 

8 paragraphs (1) through (4) of subsection 

9 (a) was a contributing factor in the unfa10 vorable personnel action alleged in the 

11 complaint. 

12 ‘‘(iv) PROHIBITION.—Relief may not 

13 be ordered under subparagraph (A) if the 

14 employer demonstrates by clear and con15 vincing evidence that the employer would 

16 have taken the same unfavorable personnel 

17 action in the absence of that behavior. 

18 ‘‘(3) FINAL ORDER.— 

19 ‘‘(A) DEADLINE FOR ISSUANCE; SETTLE20 MENT AGREEMENTS.—Not later than 120 days 

21 after the date of conclusion of a hearing under 

22 paragraph (2), the Secretary shall issue a final 

23 order providing the relief prescribed by this 

24 paragraph or denying the complaint. At any 

25 time before issuance of a final order, a proVerDate Mar 15 2010 03:15 Nov 30, 2010 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6401 E:\BILLS\S3302.RS S3302

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1 ceeding under this subsection may be termi2 nated on the basis of a settlement agreement 

3 entered into by the Secretary, the complainant, 

4 and the person alleged to have committed the 

5 violation. 

6 ‘‘(B) REMEDY.—If, in response to a com7 plaint filed under paragraph (1), the Secretary 

8 determines that a violation of subsection (a) 

9 has occurred, the Secretary shall order the per10 son who committed such violation— 

11 ‘‘(i) to take affirmative action to 

12 abate the violation; 

13 ‘‘(ii) to reinstate the complainant to 

14 his or her former position together with 

15 the compensation (including back pay) and 

16 restore the terms, conditions, and privi17 leges associated with his or her employ18 ment; and 

19 ‘‘(iii) to provide compensatory dam20 ages to the complainant. 

21 If such an order is issued under this paragraph, 

22 the Secretary, at the request of the complain23 ant, shall assess against the person against 

24 whom the order is issued a sum equal to the ag25 gregate amount of all costs and expenses (inVerDate Mar 15 2010 03:15 Nov 30, 2010 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6401 E:\BILLS\S3302.RS S3302

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1 cluding attorneys’ and expert witness fees) rea2 sonably incurred, as determined by the Sec3 retary, by the complainant for, or in connection 

4 with, the bringing the complaint upon which the 

5 order was issued. 

6 ‘‘(C) FRIVOLOUS COMPLAINTS.—If the 

7 Secretary finds that a complaint under para8 graph (1) is frivolous or has been brought in 

9 bad faith, the Secretary may award to the pre10 vailing employer a reasonable attorney’s fee not 

11 exceeding $1,000. 

12 ‘‘(4) REVIEW.— 

13 ‘‘(A) APPEAL TO COURT OF APPEALS.— 

14 Any person adversely affected or aggrieved by 

15 an order issued under paragraph (3) may ob16 tain review of the order in the United States 

17 Court of Appeals for the circuit in which the 

18 violation, with respect to which the order was 

19 issued, allegedly occurred or the circuit in which 

20 the complainant resided on the date of such vio21 lation. The petition for review shall be filed not 

22 later than 60 days after the date of the 

23 issuance of the final order of the Secretary. Re24 view shall conform to chapter 7 of title 5. The 

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1 paragraph shall not, unless ordered by the 

2 court, operate as a stay of the order. 

3 ‘‘(B) LIMITATION ON COLLATERAL AT4 TACK.—An order of the Secretary with respect 

5 to which review could have been obtained under 

6 subparagraph (A) shall not be subject to judi7 cial review in any criminal or other civil pro8 ceeding. 

9 ‘‘(5) ENFORCEMENT OF ORDER BY SEC10 RETARY.—Whenever any person has failed to comply 

11 with an order issued under paragraph (3), the Sec12 retary may file a civil action in the United States 

13 district court for the district in which the violation 

14 was found to occur to enforce such order. In actions 

15 brought under this paragraph, the district courts 

16 shall have jurisdiction to grant all appropriate relief 

17 including, but not limited to, injunctive relief and 

18 compensatory damages. 

19 ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— 

20 ‘‘(A) COMMENCEMENT OF ACTION.—A per21 son on whose behalf an order was issued under 

22 paragraph (3) may commence a civil action 

23 against the person to whom such order was 

24 issued to require compliance with such order. 

25 The appropriate United States district court 


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1 shall have jurisdiction, without regard to the 

2 amount in controversy or the citizenship of the 

3 parties, to enforce such order. 

4 ‘‘(B) ATTORNEY FEES.—The court, in 

5 issuing any final order under this paragraph, 

6 may award costs of litigation (including reason7 able attorney and expert witness fees) to any 

8 party whenever the court determines such 

9 award is appropriate. 

10 ‘‘(c) MANDAMUS.—Any nondiscretionary duty im11 posed by this section shall be enforceable in a mandamus 

12 proceeding brought under section 1361 of title 28. 

13 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA14 TIONS.—Subsection (a) shall not apply with respect to an 

15 employee of a motor vehicle manufacturer, part supplier, 

16 or dealership who, acting without direction from such 

17 motor vehicle manufacturer, part supplier, or dealership 

18 (or such person’s agent), deliberately causes a violation 

19 of any requirement relating to motor vehicle safety under 

20 this chapter.’’. 

21 (b) CONFORMING AMENDMENT.—The table of sec22 tions for chapter 301 of title 49, United States Code, is 

23 amended by inserting after the item relating to section 

24 30170 the following: 

‘‘30171. Protection of employees providing motor vehicle safety information’’. 


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1 SEC. 307. CORPORATE RESPONSIBILITY FOR NHTSA RE2 PORTS. 

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

4 States Code, is amended by adding at the end the fol5 lowing: 

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

7 The Secretary shall require for each company submitting 

8 information to the Secretary in response to a preliminary 

9 safety investigation, or in response to an official safety in10 vestigation under this chapter, that the principal executive 

11 officer or officers residing in the United States certify 

12 that— 

13 ‘‘(1) the signing officer has reviewed the sub14 mission; and 

15 ‘‘(2) based on the officer’s knowledge, the sub16 mission does not contain any untrue statement of a 

17 material fact or omit to state a material fact nec18 essary in order to make the statements made, in 

19 light of the circumstances under which such state20 ments were made, not misleading.’’. 

21 (b) PENALTIES.— 

22 (1) CIVIL PENALTY.—Section 30165(a) of title 

23 49, United States Code, is amended— 

24 (A) by striking ‘‘A person’’ in paragraph 

25 (3) and inserting ‘‘Except as provided in para26 graph (4), a person’’; and 


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1 (B) by adding at the end thereof the fol2 lowing: 

3 ‘‘(4) FALSE, MISLEADING OR INCOMPLETE RE4 PORTS.—A person who knowingly and willfully sub5 mits materially false, misleading, or incomplete in6 formation to the Secretary, after certifying the same 

7 information as accurate and complete under the cer8 tification process established pursuant to section 

9 30166(o), shall be subject to a civil penalty of not 

10 more than $50,000 per day. The maximum penalty 

11 under this paragraph for a related series of daily 

12 violations is $250,000,000.’’. 

13 (2) CRIMINAL PENALTY.—Section 30170 of 

14 title 49, United States Code, is amended— 

15 (A) by redesignating paragraphs (1) and 

16 (2) of subsection (a) as paragraphs (2) and (3), 

17 respectively, and by inserting before paragraph 

18 (2) the following: 

19 ‘‘(1) SUBMITTING MISLEADING INFORMATION

20 TO THE SECRETARY.—A person who violates section 

21 1001 of title 18 with respect to the reporting re22 quirements of section 30118, 30119, or 30166, with 

23 the specific intent of misleading the Secretary with 

24 respect to motor vehicle or motor vehicle equipment 

25 safety related defects shall, in addition to the penVerDate Mar 15 2010 03:15 Nov 30, 2010 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6401 E:\BILLS\S3302.RS S3302

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1 alties imposed under title 18, be subject to imprison2 ment for not more than an additional 12 months.’’; 

3 (B) by striking the heading for paragraph 

4 (2), as redesignated, of subsection (a) and in5 serting the following: 

6 ‘‘(2) SUBMITTING MISLEADING INFORMATION

7 TO THE SECRETARY THAT LEADS TO DEATH OR SE8 RIOUS INJURY.—’’; and 

9 (C) by striking subparagraph (A) of para10 graph (3), as redesignated, of subsection (a) 

11 and inserting the following: 

12 ‘‘(A) CORRECTION.—A person described in 

13 paragraph (1) or (2) shall not be subject to 

14 criminal penalties under this subsection if— 

15 ‘‘(i) the person corrects any improper 

16 reports or failure to report within a rea17 sonable time; and 

18 ‘‘(ii) in the case of a person described 

19 in paragraph (2), at the time of the viola20 tion, such person does not know that the 

21 violation would result in an accident caus22 ing death or serious bodily injury.’’. 

23 SEC. 308. ANTI-REVOLVING DOOR. 

24 (a) PROFESSIONAL RESPONSIBILITY INTEGRITY PE25 RIOD.— 


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1 (1) IN GENERAL.—Subchapter I of chapter 301 

2 of title 49, United States Code, is amended by add3 ing at the end the following: 

4 ‘‘§ 30107. Restriction on certain employment activi5 ties. 

6 ‘‘(a) NHTSA EMPLOYEES.— 

7 ‘‘(1) IN GENERAL.—A individual to whom this 

8 subsection applies who is employed by the National 

9 Highway Traffic Safety Administration may not 

10 commence employment with, or otherwise advise, 

11 provide assistance to, or represent for compensation, 

12 a manufacturer or other person subject to regulation 

13 under this chapter during the 36-month period com14 mencing upon that individual’s termination of em15 ployment with the National Highway Traffic Safety 

16 Administration if such employment, advice, assist17 ance, or representation involves— 

18 ‘‘(A) written or oral communication with 

19 the National Highway Traffic Safety Adminis20 tration on any matter relating to compliance 

21 with the requirements of this chapter on behalf 

22 of the manufacturer or person; 

23 ‘‘(B) representing or advising a manufac24 turer with respect to a motor vehicle safety or 

25 fuel economy issue, including any defect related 


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1 to motor vehicle safety, compliance with a 

2 motor vehicle safety standard, or compliance 

3 with an average fuel economy standard pre4 scribed under chapter 329 of this title; or 

5 ‘‘(C) assisting a manufacturer in respond6 ing to a request for information from the Na7 tional Highway Traffic Safety Administration. 

8 ‘‘(2) APPLICATION.— 

9 ‘‘(A) IN GENERAL.—This subsection ap10 plies to any individual— 

11 ‘‘(i) to whom section 207(c) or (d) of 

12 title 18 applies; or 

13 ‘‘(ii) whose responsibilities during his 

14 or her last 12 months of employment at 

15 the National Highway Traffic Safety Ad16 ministration included administrative, man17 agerial, supervisory, legal, or senior tech18 nical responsibility for any motor vehicle 

19 safety-related program or activity. 

20 ‘‘(2) SAFE HARBOR.—This subsection does not 

21 apply to any individual employed by a manufacturer 

22 or other person subject to regulation under this 

23 chapter as of the date of enactment of the Motor Ve24 hicle Safety Act of 2010. 


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1 ‘‘(b) MANUFACTURERS.—It is unlawful for any man2 ufacturer or other person subject to regulation under this 

3 chapter to employ or contract for the services of an indi4 vidual to whom subsection (a) applies during the 36- 

5 month period commencing on the individual’s termination 

6 of employment with the National Highway Traffic Safety 

7 Administration in a capacity in which the individual is 

8 prohibited from serving during that period.’’. 

9 (2) CIVIL PENALTY.—Section 30165(a) of title 

10 49, United States Code, as amended by section 307, 

11 is further amended by adding at the end the fol12 lowing: 

13 ‘‘(5) SECTION 30107.—An individual who vio14 lates section 30107(a) is liable to the United States 

15 Government for a civil penalty as determined under 

16 section 216(b) of title 18 for an offense under sec17 tion 207 of that title. A manufacturer or other per18 son subject to regulation under this chapter who vio19 lates section 30107(b) is liable to the United States 

20 Government for a civil penalty of the sum of— 

21 ‘‘(A) an amount equal to not less than 

22 $100,000; and 

23 ‘‘(B) an amount equal to 90 percent of the 

24 annual compensation or fee paid or payable to 


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1 the individual with respect to whom the viola2 tion occurred.’’. 

3 (3) CONFORMING AMENDMENT.—The table of 

4 contents for chapter 301 of title 49, United States 

5 Code, is amended by inserting after the item relating 

6 to section 30106 the following: 

‘‘30107. Restriction on certain employment activities’’. 

7 (b) STUDY OF DEPARTMENT OF TRANSPORTATION

8 POLICIES ON OFFICIAL COMMUNICATION WITH FORMER

9 MOTOR VEHICLE SAFETY ISSUE EMPLOYEES.—Within 1 

10 year after the date of enactment of this Act the Depart11 ment of Transportation Inspector General shall— 

12 (1) review the Department’s policies and proce13 dures applicable to official communication with 

14 former employees concerning motor vehicle safety 

15 compliance matters for which they had responsibility 

16 during the last 12 months of their tenure at the De17 partment, including any limitations on the ability of 

18 such employees to submit comments, or otherwise 

19 communicate directly with the Department, on 

20 motor vehicle safety issues; and 

21 (2) submit a report to the Senate Committee on 

22 Commerce, Science, and Transportation and the 

23 House of Representatives Committee on Energy and 

24 Commerce containing the Inspector General’s find25 ings, conclusions, and recommendations for 


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1 strengthening those policies and procedures to mini2 mize the risk of undue influence without compro3 mising the ability of the Department to employ and 

4 retain highly qualified individuals for such respon5 sibilities. 

6 (c) POST-EMPLOYMENT POLICY STUDY.— 

7 (1) IN GENERAL.—The Department of Trans8 portation Inspector General shall conduct a study of 

9 the Department’s policies relating to post-employ10 ment restrictions on employees who perform func11 tions related to transportation safety. 

12 (2) REPORT.—Not later than 1 year after the 

13 date of enactment of this Act, the Inspector General 

14 shall submit a report containing the results of the 

15 study conducted under paragraph (1) to— 

16 (A) the Senate Committee on Commerce, 

17 Science, and Transportation; 

18 (B) the House of Representatives Com19 mittee on Energy and Commerce; and 

20 (C) the Secretary of Transportation. 

21 (3) USE OF RESULTS.—The Secretary of trans22 portation shall review the results of the study and 

23 take whatever action the Secretary determines to be 

24 appropriate. 


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1 SEC. 309. DEADLINES FOR RULEMAKING. 

2 If the Secretary determines that a deadline for a final 

3 rule under this Act or an amendment made by this Act 

4 cannot be met, the Secretary shall— 

5 (1) notify the Committee on Energy and Com6 merce of the House of Representatives and the Sen7 ate Committee on Commerce, Science, and Trans8 portation and explain why that deadline cannot be 

9 met; and 

10 (2) establish a new deadline for that rule. 

11 TITLE IV—FUNDING 

12 SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 30104 of title 49, United States Code, is 

14 amended— 

15 (1) by striking ‘‘$98,313,500’’; and 

16 (2) by striking ‘‘in each fiscal year beginning’’ 

17 and all that follows and inserting ‘‘and to carry out 

18 the Motor Vehicle Safety Act of 2010— 

19 ‘‘(1) $200,000,000 for fiscal year 2011; 

20 ‘‘(2) $240,000,000 for fiscal year 2012; and 

21 ‘‘(3) $280,000,000 for fiscal year 2013.’’. 

22 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

24 ‘‘Motor Vehicle Safety Act of 2010’’. 

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

26 this Act is as follows: 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 


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1 (1) PASSENGER MOTOR VEHICLE.—The term 

2 ‘‘passenger motor vehicle’’ means a motor vehicle (as 

3 defined in section 30102(a)(6) of title 49, United 

4 States Code) that is rated at less than 10,000 pounds 

5 gross vehicular weight, but does not include— 

6 (A) a motorcycle; 

7 (B) a low speed vehicle (as defined in sec8 tion 571.3 of title 49, Code of Federal Regula9 tions); or 

10 (C) a trailer. 

11 (2) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Transportation, acting through the 

13 Administrator of the National Highway Traffic Safe14 ty Administration. 

15 TITLE I—VEHICLE ELECTRONICS 

16 AND SAFETY STANDARDS 

17 SEC. 101. NHTSA ELECTRONICS, SOFTWARE, AND ENGI18 NEERING EXPERTISE. 

19 (a) COUNCIL FOR VEHICLE ELECTRONICS, VEHICLE

20 SOFTWARE, AND EMERGING TECHNOLOGIES.— 

21 (1) IN GENERAL.—The Secretary shall establish, 

22 within the National Highway Traffic Safety Admin23 istration, a Council for Vehicle Electronics, Vehicle 

24 Software, and Emerging Technologies to build, inte25 grate, and aggregate the agency’s expertise in pasVerDate Mar 15 2010 03:15 Nov 30, 2010 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6203 E:\BILLS\S3302.RS S3302

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1 senger motor vehicle electronics and other new and 

2 emerging technologies. 

3 (2) IMPLEMENTATION OF ROADMAP.—The Coun4 cil shall implement the NHTSA Plastic and Com5 posite Intensive Vehicle Safety Roadmap (Report No. 

6 DOT HS 810 863) to ensure that inclusion of emerg7 ing lightweight plastic and composite technologies in 

8 motor vehicles to increase fuel efficiency, lower emis9 sions, and meet Corporate Average Fuel Economy 

10 standards enhances passenger motor vehicle safety. 

11 (3) INTRA-AGENCY COORDINATION.—The Council 

12 shall coordinate with all components of the Adminis13 tration responsible for vehicle safety, including re14 search and development, rulemaking, and defects in15 vestigation. 

16 (b) HONORS RECRUITMENT PROGRAM.—The Secretary 

17 shall establish, within the National Highway Traffic Safety 

18 Administration, an honors program for engineering stu19 dents, computer science students, and other students inter20 ested in vehicle safety that will enable them to train with 

21 engineers and other safety officials for a career in vehicle 

22 safety. The Secretary is authorized to provide a stipend to 

23 students during their participation in the program. 

24 (c) ASSESSMENT.—The Council shall assess the impli25 cations of emerging safety technologies in passenger motor 


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1 vehicles in consultation with affected stakeholders, includ2 ing specifically the effect on consumers, product avail3 ability, and cost. 

4 SEC. 102. VEHICLE STOPPING DISTANCE AND BRAKE OVER5 RIDE STANDARD. 

6 (a) UNINTENDED ACCELERATION.—The Secretary 

7 shall initiate a rulemaking proceeding to prescribe a Fed8 eral motor vehicle safety standard that would mitigate un9 intended acceleration in passenger motor vehicles. The 

10 standard— 

11 (1) shall establish performance requirements, to 

12 be determined by the Secretary according to the speed, 

13 size, and weight of the vehicle, that enable a driver to 

14 bring a passenger motor vehicle safely to a full stop 

15 by normal braking application even if the vehicle is 

16 simultaneously receiving accelerator input signals, in17 cluding a full-throttle input signal; 

18 (2) may permit compliance through a system 

19 that requires brake pedal application, after a period 

20 of time determined by the Secretary, to override an 

21 accelerator pedal input signal in order to stop the ve22 hicle; 

23 (3) shall require that redundant circuits or other 

24 mechanisms be built into accelerator control systems, 

25 including systems controlled by electronic throttle, to 


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1 maintain vehicle control in the event of failure of the 

2 primary circuit or mechanism; and 

3 (4) may permit vehicles to incorporate a means 

4 to temporarily disengage the function required under 

5 paragraph (1) to facilitate operations, such as ma6 neuvering trailers or climbing steep hills, that may 

7 require the simultaneous operation of brake and accel8 erator. 

9 (b) DEADLINE.—The Secretary shall issue a final rule 

10 under subsection (a) within 1 year after the date of enact11 ment of this Act. 

12 SEC. 103. PEDAL PLACEMENT STANDARD. 

13 (a) IN GENERAL.—The Secretary shall initiate a rule14 making proceeding to consider prescribing a Federal motor 

15 vehicle safety standard that would mitigate potential ob16 struction of pedal movement in passenger motor vehicles, 

17 taking into account various pedal mounting configurations, 

18 minimum clearances for passenger motor vehicle foot pedals 

19 with respect to other pedals, the vehicle floor (including 

20 aftermarket floor coverings), and any other potential ob21 structions to pedal movement as determined by the Sec22 retary. 

23 (b) DEADLINE.—The Secretary shall issue a final rule 

24 under subsection (a) within 3 years after the date of enact25 ment of this Act, or, if the Secretary determines that a 


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1 standard is not warranted based on the requirements and 

2 considerations set forth in section 30111(a) and (b) of title 

3 49, United States Code, transmit a report to the Senate 

4 Committee on Commerce, Science, and Transportation, and 

5 the House of Representatives Committee on Energy and 

6 Commerce describing the reasons for not prescribing the 

7 standard. 

8 (c) COMBINED RULEMAKING.—If appropriate, the Sec9 retary may combine the rulemaking proceeding required by 

10 subsection (a) with the rulemaking proceeding required by 

11 section 102. 

12 SEC. 104. ELECTRONIC SYSTEMS PERFORMANCE STAND13 ARD. 

14 (a) IN GENERAL.—The Secretary shall initiate a rule15 making proceeding to prescribe or amend a Federal motor 

16 vehicle safety standard to require electronic systems in pas17 senger motor vehicles to meet minimum performance re18 quirements. Such a rule may include requirements for elec19 tronic components, the interaction of those electronic com20 ponents, or the effect of surrounding environments on those 

21 electronic systems. 

22 (b) NATIONAL ACADEMY OF SCIENCES.—In conducting 

23 the rulemaking, the Secretary shall consider to the extent 

24 appropriate the findings and recommendations of the NaVerDate Mar 15 2010 03:15 Nov 30, 2010 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 E:\BILLS\S3302.RS S3302

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1 tional Academy of Sciences, if any, pursuant to its study 

2 of electronic vehicle controls. 

3 (c) DEADLINE.—The Secretary shall issue a final rule 

4 under subsection (a) within 4 years after the date of enact5 ment of this Act. 

6 SEC. 105. PUSHBUTTON IGNITION SYSTEMS STANDARD. 

7 (a) PUSHBUTTON IGNITION STANDARD.— 

8 (1) IN GENERAL.—The Secretary shall initiate a 

9 rulemaking proceeding to consider prescribing a Fed10 eral motor vehicle safety standard for passenger motor 

11 vehicles with pushbutton ignition systems, to establish 

12 a standardized operation of such systems when used 

13 by drivers, including drivers who may be unfamiliar 

14 with such systems, in an emergency situation when 

15 the vehicle is in motion. 

16 (2) OTHER IGNITION SYSTEMS.—In the rule17 making proceeding under paragraph (1), the Sec18 retary may include any other ignition-starting mech19 anism that the Secretary deems it appropriate to con20 sider. 

21 (b) PUSHBUTTON IGNITION SYSTEM.—The term 

22 ‘‘pushbutton ignition system’’ means a mechanism, such as 

23 the push of a button, for starting a passenger motor vehicle 

24 that does not involve the physical insertion and turning of 

25 a tangible key. 


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1 (c) DEADLINE.—The Secretary shall issue a final rule 

2 under subsection (a) within 2 years after the date of enact3 ment of this Act, or, if the Secretary determines that a 

4 standard is not warranted based on the requirements and 

5 considerations set forth in section 30111(a) and (b) of title 

6 49, United States Code, transmit a report to the Senate 

7 Committee on Commerce, Science, and Transportation, and 

8 the House of Representatives Committee on Energy and 

9 Commerce describing the reasons for not prescribing the 

10 standard. 

11 SEC. 106. TRANSMISSION LABELING STANDARD. 

12 (a) IN GENERAL.—The Secretary shall initiate a rule13 making proceeding to consider amending Federal motor ve14 hicle safety standard 102 to improve the recognition of the 

15 gear selector positions for drivers, including drivers not fa16 miliar with the vehicle, and to make the neutral position 

17 more conspicuous. 

18 (b) DEADLINE.—The Secretary shall issue a final rule 

19 under subsection (a) within 2 years after the date of enact20 ment of this Act, or, if the Secretary determines that amend21 ment of the standard is not warranted based on the require22 ments and considerations set forth in section 30111(a) and 

23 (b) of title 49, United States Code, transmit a report to 

24 the Senate Committee on Commerce, Science, and Trans25 portation, and the House of Representatives Committee on 


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1 Energy and Commerce describing the reasons for not pre2 scribing the standard. 

3 SEC. 107. VEHICLE EVENT DATA RECORDERS. 

4 (a) MANDATORY EVENT DATA RECORDERS.— 

5 (1) IN GENERAL.—Not later than 180 days after 

6 the date of enactment of this Act, the Secretary shall 

7 revise part 563 of title 49, Code of Federal Regula8 tions, to require that new passenger motor vehicles 

9 sold in the United States beginning with the 2015 

10 model year be equipped with an event data recorder 

11 that meets the requirements of that part. 

12 (2) PENALTY.—The violation of any provision of 

13 part 563 of title 49, Code of Federal Regulations— 

14 (A) shall be deemed to be a violation of sec15 tion 30112 of title 49, United States Code, and 

16 subject to civil penalties under section 30165(a) 

17 of that title; but 

18 (B) shall not subject a manufacturer (as de19 fined in section 30102(a)(5) of that title) to the 

20 requirements of section 30120 of that title. 

21 (b) LIMITATIONS ON INFORMATION RETRIEVAL.— 

22 (1) OWNERSHIP OF DATA.—Any data in an 

23 event data recorder required under part 563 of title 

24 49, Code of Federal Regulations, regardless of when 

25 the passenger motor vehicle in which it is installed 


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1 was manufactured, is the property of the owner or les2 see of the passenger motor vehicle in which the data 

3 recorder is installed. 

4 (2) PRIVACY.—Data recorded or transmitted by 

5 such a data recorder may not be retrieved by a person 

6 other than the owner or lessee of the motor vehicle in 

7 which the recorder is installed unless— 

8 (A) a court authorizes retrieval of the infor9 mation in furtherance of a legal proceeding; 

10 (B) the owner or lessee consents to the re11 trieval of the information for any purpose, in12 cluding the purpose of diagnosing, servicing, or 

13 repairing the motor vehicle; 

14 (C) the information is retrieved pursuant to 

15 an investigation or inspection authorized under 

16 section 30166 of title 49, United States Code, 

17 and the personally identifiable information of 

18 the owner, lessee, or driver of the vehicle and the 

19 vehicle identification number is not disclosed in 

20 connection with the retrieved information; or 

21 (D) the information is retrieved for the pur22 pose of determining the need for, or facilitating, 

23 emergency medical response in the event of a 

24 motor vehicle crash. 


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1 (c) REVISED REQUIREMENTS FOR EVENT DATA RE2 CORDERS.—The Secretary shall initiate a rulemaking pro3 ceeding to prescribe or amend a Federal motor vehicle safety 

4 standard that would update part 563 of title 49, Code of 

5 Federal Regulations, to require that event data recorders 

6 in passenger motor vehicles record operational data that 

7 can be stored and accessed for retrieval and analysis in ac8 cordance with subsection (d). 

9 (d) SPECIFICATIONS.—The rule— 

10 (1) shall require such recorders to capture and 

11 store data covering a reasonable time before, during, 

12 and after a motor vehicle accident or airbag deploy13 ment, including information about engine perform14 ance, steering, braking, acceleration, vehicle speed, 

15 seat belt use, airbag deployment level, deactivation 

16 status, deployment time, and deployment stage, and 

17 may require such recorders to record other data re18 lated to motor vehicle safety, such as data related to 

19 vehicle rollovers, as the Secretary considers appro20 priate; 

21 (2) shall require such recorders to store data for 

22 a sufficient time to capture relevant data from events 

23 leading up to a motor vehicle accident, the accident 

24 itself, and the aftermath of an accident, including a 

25 rollover; 


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1 (3) may require such recorders to capture and 

2 store certain events such as rapid deceleration, full3 throttle acceleration, or full braking that may indi4 cate unintended acceleration, even if there is not an 

5 accident or airbag deployment; 

6 (4) may not require information recorded by 

7 such data recorders to include the vehicle’s location 

8 except as deemed necessary by the Secretary for pur9 poses of determining the need for, or facilitating, 

10 emergency medical response in the event of a motor 

11 vehicle crash; 

12 (5) shall require that data stored on such record13 ers be accessible, regardless of vehicle manufacturer or 

14 model, with commercially available equipment; 

15 (6) shall specify data format requirements; 

16 (7) may require an interoperable data access 

17 port to facilitate universal accessibility and analysis; 

18 (8) shall require that such recorders meet the 

19 performance requirements for crash resistance in20 cluded in part 563 of title 49, Code of Federal Regu21 lations, and, if the Secretary determines that these re22 quirements do not provide adequate temperature, 

23 crash or water resistance, the Secretary may establish 

24 additional requirements; and 


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1 (9) shall establish requirements for preventing 

2 unauthorized access to the data stored on an event 

3 data recorder in order to protect the security, integ4 rity, and authenticity of the data. 

5 (e) DISCLOSURE OF EXISTENCE AND PURPOSE OF

6 EVENT DATA RECORDER.—The rule issued under sub7 section (c) shall require that any owner’s manual or similar 

8 documentation provided to the first purchaser of a pas9 senger motor vehicle for purposes other than resale disclose 

10 that the vehicle is equipped with such a data recorder and 

11 explain the purpose of the recorder. 

12 (f) ACCESS TO EVENT DATA RECORDERS IN DEFECT

13 INVESTIGATIONS.—Section 30166(c)(3)(C) of title 49, 

14 United States Code, is amended by striking ‘‘equipment;’’ 

15 and inserting ‘‘equipment, including any electronic data 

16 contained within the vehicle’s diagnostic system or event 

17 data recorder;’’. 

18 (g) DEADLINE FOR RULEMAKING.—The Secretary 

19 shall issue a final rule under subsection (b) not later than 

20 3 years after the date of enactment of this Act. 

21 (h) EVENT DATA RECORDERS FOR NEW MEDIUM-DUTY

22 AND HEAVY-DUTY VEHICLES.— 

23 (1) IN GENERAL.—Not later than 3 years after 

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

25 shall require that all new medium-duty vehicles and 


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1 heavy-duty vehicles sold in the United States begin2 ning with model year 2017 be equipped with an event 

3 data recorder. 

4 (2) MEDIUM- AND HEAVY-DUTY VEHICLES DE5 FINED.—In this subsection, the term ‘‘medium-duty 

6 vehicles and heavy-duty vehicles’’ means motor vehi7 cles (as defined in section 30102(a)(6) of title 49, 

8 United States Code) that are rated at 10,001 pounds 

9 gross vehicular weight or more. The term does not in10 clude trailers. 

11 TITLE II—ENHANCED SAFETY 

12 AUTHORITIES 

13 SEC. 201. CIVIL PENALTIES. 

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

15 States Code, is amended— 

16 (1) in subsection (a)(1)— 

17 (A) in the first sentence by striking 

18 ‘‘$5,000‘‘and inserting ‘‘$25,000’’; and 

19 (B) in the third sentence by striking 

20 ‘‘$15,000,000’’ and inserting ‘‘$300,000,000’’; 

21 (2) in subsection (a)(3)— 

22 (A) in the second sentence by striking 

23 ‘‘$5,000‘‘ and inserting ‘‘$25,000’’; and 

24 (B) in the third sentence by striking 

25 ‘‘$15,000,000’’ and inserting ‘‘$300,000,000’’; 


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1 (3) by striking subsection (c) and inserting the 

2 following: 

3 ‘‘(c) RELEVANT FACTORS IN DETERMINING AMOUNT

4 OF PENALTY OR COMPROMISE.—In determining the 

5 amount of a civil penalty or compromise, the nature, cir6 cumstances, extent, and gravity of the violation shall be con7 sidered. The determination shall include, where appro8 priate, the nature of the defect or noncompliance, knowledge 

9 by the person charged of its obligation to recall or notify 

10 the public, the severity of the risk of injury, the occurrence 

11 or absence of injury, the number of motor vehicles or items 

12 of motor vehicle equipment distributed with the defect or 

13 noncompliance, the existence of an imminent hazard, ac14 tions taken by the person charged to identify, investigate, 

15 or mitigate the condition, the appropriateness of such pen16 alty in relation to the size of the business of the person 

17 charged, including the potential for undue adverse economic 

18 impacts on small business, and such other factors as appro19 priate.’’. 

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

21 after the date of enactment of this Act, and in accordance 

22 with the procedures of section 553 of title 5, United States 

23 Code, the Secretary shall issue a final regulation providing 

24 its interpretation of the penalty factors described in section 


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1 30165(c) of title 49, United States Code, as amended by 

2 subsection (a). 

3 (c) CONSTRUCTION.—Nothing in this section shall be 

4 construed as preventing the imposition of penalties under 

5 section 30165 of title 49, United States Code, prior to the 

6 issuance of a final regulation pursuant to subsection (b). 

7 SEC. 202. IMMINENT HAZARD AUTHORITY. 

8 (a) IN GENERAL.—Section 30118(b) of title 49, United 

9 States Code, is amended— 

10 (1) by redesignating paragraph (2) as para11 graph (3); 

12 (2) by inserting ‘‘or (2)’’ in paragraph (3) (as 

13 redesignated) after ‘‘under paragraph (1)’’; and 

14 (3) by inserting after paragraph (1) the fol15 lowing: 

16 ‘‘(2) If the Secretary of Transportation in mak17 ing a decision under subsection (a) initially decides 

18 that such defect or noncompliance presents a substan19 tial likelihood of death or serious injury to the public 

20 if not discontinued immediately, the Secretary shall 

21 notify the manufacturer of the decision that the vehi22 cle or replacement equipment poses an imminent safe23 ty hazard to the public and the basis for that deci24 sion. Not later than 10 days after the initial decision, 

25 the manufacturer and interested persons shall be 


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1 given an opportunity to present information, views, 

2 and arguments to the Secretary. The Secretary shall 

3 consider such information, views and arguments and 

4 may make a final decision as to whether a motor ve5 hicle or replacement equipment contains a defect re6 lated to motor vehicle safety or does not comply with 

7 an applicable motor vehicle safety standard pre8 scribed under this chapter.’’. 

9 (b) PROCEDURES.—Not later than 2 years after the 

10 date of enactment of this Act, the Secretary shall issue regu11 lations establishing procedures for the issuance of a decision 

12 under section 30118(b)(2) of title 49, United States Code 

13 (as added by subsection (a)) and enforcement of an order 

14 based on such decision. In establishing such procedures, the 

15 Secretary shall prioritize the mitigation of imminent safety 

16 hazards. 

17 TITLE III—TRANSPARENCY AND 

18 ACCOUNTABILITY 

19 SEC. 301. PUBLIC AVAILABILITY OF EARLY WARNING DATA. 

20 (a) IN GENERAL.—Section 30166(m) of title 49, 

21 United States Code, is amended by— 

22 (1) by striking clause (ii) in paragraph (3)(A) 

23 and inserting the following: 

24 ‘‘(ii) customer satisfaction campaigns, 

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1 plaints, warranty claims, field reports, tech2 nical service bulletins, or other activity in3 volving the repair or replacement of motor 

4 vehicles or motor vehicle equipment.’’; and 

5 (2) by striking subparagraph (C) of paragraph 

6 (4) and inserting the following: 

7 ‘‘(C) DISCLOSURE.—The information pro8 vided to the Secretary pursuant to this sub9 section shall be disclosed publicly unless exempt 

10 from disclosure under section 552(b) of title 5.’’. 

11 (b) REGULATIONS.—Not later than 2 years after the 

12 date of enactment of this Act, the Secretary shall issue regu13 lations establishing categories of information provided to 

14 the Secretary pursuant to section 30166(m) that must be 

15 made available to the public. The Secretary may establish 

16 categories of information that are exempt from public dis17 closure under section 552(b) of title 5, United States Code. 

18 (c) CONSULTATION.—In conducting the rulemaking re19 quired under subsection (a), the Secretary shall consult with 

20 the Director of the Office of Government Information Serv21 ices within the National Archives and the Director of the 

22 Office of Information Policy of the Department of Justice. 

23 (d) PRESUMPTION AND LIMITATION.—The Secretary 

24 shall issue the regulations with a presumption in favor of 

25 maximum public availability of information. In issuing 


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1 regulations under subsection (b), the following types of in2 formation shall presumptively not be eligible for protection 

3 under section 552(b) of title 5, United States Code: 

4 (1) Vehicle safety defect information related to 

5 incidents involving death or injury. 

6 (2) Aggregated numbers of property damage 

7 claims; and 

8 (3) Aggregated numbers of consumer complaints 

9 related to potential vehicle defects. 

10 SEC. 302. IMPROVED NHTSA VEHICLE SAFETY DATABASE. 

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

12 date of the enactment of this Act, the Secretary shall im13 prove public accessibility to information on the National 

14 Highway Traffic Safety Administration’s publicly acces15 sible vehicle safety databases by— 

16 (1) improving organization and functionality, 

17 including modern web design features, and allowing 

18 for data to be searched, aggregated, and downloaded; 

19 (2) providing greater consistency in presentation 

20 of vehicle safety issues; and 

21 (3) improving searchability about specific vehi22 cles and issues through standardization of commonly 

23 used search terms. 

24 (b) VEHICLE RECALL INFORMATION.—Not later than 

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1 retary shall require that motor vehicle safety recall informa2 tion be made available to consumers on the Internet, search3 able by a vehicle make and model and searchable by a vehi4 cle identification number, in a format that preserves con5 sumer privacy and that provides information about each 

6 recall that has not been completed for that vehicle. The Sec7 retary may initiate a rulemaking proceeding to require that 

8 manufacturers provide such information at no cost on pub9 licly accessible Internet websites or through other reasonable 

10 means. 

11 SEC. 303. CONSUMER NOTICE OF SOFTWARE UPDATES AND 

12 OTHER COMMUNICATIONS WITH DEALERS. 

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

14 title 49, United States Code, is amended— 

15 (1) by striking ‘‘Transportation’’ and inserting 

16 ‘‘Transportation, and make available on a publicly 

17 accessible Internet website,’’; and 

18 (2) by adding at the end the following: ‘‘Commu19 nications submitted to the Secretary and required to 

20 be published on a manufacturer’s Internet website 

21 shall include all notices to dealerships of software up22 grades and modifications recommended by a manu23 facturer for all previously sold vehicles. Notice is re24 quired even if the software upgrade or modification is 

25 not related to a safety defect or noncompliance with 


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1 a motor vehicle safety standard. The notice shall in2 clude a plain language description of the purpose of 

3 the update and that description shall be prominently 

4 placed at the beginning of the notice. Communica5 tions required to be submitted to the Secretary under 

6 this subsection shall be accompanied by an index to 

7 each communication which identifies the make, model, 

8 and model year of the affected vehicles and a concise 

9 summary of the subject matter of the communication. 

10 The index shall be made available by the Secretary to 

11 the public on the Internet in a searchable format.’’. 

12 SEC. 304. PROMOTION OF VEHICLE DEFECT REPORTING. 

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

14 amended by adding at the end the following: 

15 ‘‘(d) MOTOR VEHICLE DEFECT REPORTING INFORMA16 TION.— 

17 ‘‘(1) RULEMAKING REQUIRED.—Within 1 year 

18 after the date of enactment of the Motor Vehicle Safety 

19 Act of 2010 the Secretary shall prescribe regulations 

20 that require passenger motor vehicle manufacturers to 

21 affix, in the glove compartment or in another readily 

22 accessible location on the vehicle, a sticker, decal, or 

23 other device that provides, in simple and understand24 able language, information about how to submit a 

25 safety-related motor vehicle defect complaint to the 


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1 National Highway Traffic Safety Administration. 

2 The Secretary shall require the same information to 

3 be prominently printed on a separate page within the 

4 owner’s manual. The information may not be placed 

5 on the label required by section 3 of the Automobile 

6 Information Disclosure Act (15 U.S.C. 1232). 

7 ‘‘(2) APPLICATION.—The requirements estab8 lished under paragraph (1) shall apply to passenger 

9 motor vehicles manufactured in model years begin10 ning more than 1 year after the date on which a final 

11 rule is published under that paragraph.’’. 

12 SEC. 305. NHTSA HOTLINE FOR MANUFACTURER, DEALER, 

13 AND MECHANIC PERSONNEL. 

14 The Secretary shall— 

15 (1) establish a means by which mechanics, pas16 senger motor vehicle dealership personnel, and pas17 senger motor vehicle manufacturer personnel may 

18 contact the National Highway Traffic Safety Admin19 istration directly and confidentially regarding poten20 tial passenger motor vehicle safety defects; and 

21 (2) publicize the means for contacting the Na22 tional Highway Traffic Safety Administration in a 

23 manner that targets mechanics, passenger motor vehi24 cle dealership personnel, and manufacturer personnel. 


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1 SEC. 306. WHISTLEBLOWER PROTECTIONS FOR MOTOR VE2 HICLE MANUFACTURER, PART SUPPLIER, AND 

3 DEALERSHIP EMPLOYEES. 

4 (a) IN GENERAL.—Subchapter IV of chapter 301 of 

5 title 49, United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘§ 30171. Protection of employees providing motor ve8 hicle safety information 

9 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEES OF MANU10 FACTURERS, PART SUPPLIERS, AND DEALERSHIPS.—No 

11 motor vehicle manufacturer, part supplier, or dealership 

12 may discharge an employee or otherwise discriminate 

13 against an employee with respect to compensation, terms, 

14 conditions, or privileges of employment because the em15 ployee (or any person acting pursuant to a request of the 

16 employee)— 

17 ‘‘(1) provided, caused to be provided, or is about 

18 to provide (with any knowledge of the employer) or 

19 cause to be provided to the employer or the Secretary 

20 of Transportation information relating to any motor 

21 vehicle defect or any violation or alleged violation of 

22 any notification or reporting requirement of this 

23 chapter; 

24 ‘‘(2) has filed, caused to be filed, or is about to 

25 file (with any knowledge of the employer) or cause to 

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1 leged violation of any motor vehicle defect or any vio2 lation or alleged violation of any notification or re3 porting requirement of this chapter; 

4 ‘‘(3) testified or is about to testify in such a pro5 ceeding; 

6 ‘‘(4) assisted or participated or is about to assist 

7 or participate in such a proceeding; or 

8 ‘‘(5) objected to, or refused to participate in, any 

9 activity that the employee reasonably believed to be in 

10 violation of any provision of any Act enforced by the 

11 Secretary of Transportation, or any order, rule, regu12 lation, standard, or ban under any such Act. 

13 ‘‘(b) COMPLAINT PROCEDURE.— 

14 ‘‘(1) FILING AND NOTIFICATION.—A person who 

15 believes that he or she has been discharged or other16 wise discriminated against by any person in viola17 tion of subsection (a) may, not later than 180 days 

18 after the date on which such violation occurs, file (or 

19 have any person file on his or her behalf) a complaint 

20 with the Secretary of Labor alleging such discharge or 

21 discrimination. Upon receipt of such a complaint, the 

22 Secretary shall notify, in writing, the person named 

23 in the complaint of the filing of the complaint, of the 

24 allegations contained in the complaint, of the sub25 stance of evidence supporting the complaint, and of 


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1 the opportunities that will be afforded to such person 

2 under paragraph (2). 

3 ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— 

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

5 after the date of receipt of a complaint filed 

6 under paragraph (1) and after affording the per7 son named in the complaint an opportunity to 

8 submit to the Secretary a written response to the 

9 complaint and an opportunity to meet with a 

10 representative of the Secretary to present state11 ments from witnesses, the Secretary shall conduct 

12 an investigation and determine whether there is 

13 reasonable cause to believe that the complaint 

14 has merit and notify, in writing, the complain15 ant and the person alleged to have committed a 

16 violation of subsection (a) of the Secretary’s find17 ings. If the Secretary concludes that there is a 

18 reasonable cause to believe that a violation of 

19 subsection (a) has occurred, the Secretary shall 

20 accompany the Secretary’s findings with a pre21 liminary order providing the relief prescribed by 

22 paragraph (3)(B). Not later than 30 days after 

23 the date of notification of findings under this 

24 paragraph, either the person alleged to have com25 mitted the violation or the complainant may file 


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1 objections to the findings or preliminary order, 

2 or both, and request a hearing on the record. The 

3 filing of such objections shall not operate to stay 

4 any reinstatement remedy contained in the pre5 liminary order. Such hearings shall be conducted 

6 expeditiously. If a hearing is not requested in 

7 such 30-day period, the preliminary order shall 

8 be deemed a final order that is not subject to ju9 dicial review. 

10 ‘‘(B) REQUIREMENTS.— 

11 ‘‘(i) REQUIRED SHOWING BY COM12 PLAINANT.—The Secretary shall dismiss a 

13 complaint filed under this subsection and 

14 shall not conduct an investigation otherwise 

15 required under subparagraph (A) unless the 

16 complainant makes a prima facie showing 

17 that any behavior described in paragraphs 

18 (1) through (4) of subsection (a) was a con19 tributing factor in the unfavorable per20 sonnel action alleged in the complaint. 

21 ‘‘(ii) SHOWING BY EMPLOYER.—Not22 withstanding a finding by the Secretary 

23 that the complainant has made the showing 

24 required under clause (i), no investigation 

25 otherwise required under subparagraph (A) 


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1 shall be conducted if the employer dem2 onstrates, by clear and convincing evidence, 

3 that the employer would have taken the 

4 same unfavorable personnel action in the 

5 absence of that behavior. 

6 ‘‘(iii) CRITERIA FOR DETERMINATION

7 BY SECRETARY.—The Secretary may deter8 mine that a violation of subsection (a) has 

9 occurred only if the complainant dem10 onstrates that any behavior described in 

11 paragraphs (1) through (4) of subsection (a) 

12 was a contributing factor in the unfavorable 

13 personnel action alleged in the complaint. 

14 ‘‘(iv) PROHIBITION.—Relief may not 

15 be ordered under subparagraph (A) if the 

16 employer demonstrates by clear and con17 vincing evidence that the employer would 

18 have taken the same unfavorable personnel 

19 action in the absence of that behavior. 

20 ‘‘(3) FINAL ORDER.— 

21 ‘‘(A) DEADLINE FOR ISSUANCE; SETTLE22 MENT AGREEMENTS.—Not later than 120 days 

23 after the date of conclusion of a hearing under 

24 paragraph (2), the Secretary shall issue a final 

25 order providing the relief prescribed by this 


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1 paragraph or denying the complaint. At any 

2 time before issuance of a final order, a pro3 ceeding under this subsection may be terminated 

4 on the basis of a settlement agreement entered 

5 into by the Secretary, the complainant, and the 

6 person alleged to have committed the violation. 

7 ‘‘(B) REMEDY.—If, in response to a com8 plaint filed under paragraph (1), the Secretary 

9 determines that a violation of subsection (a) has 

10 occurred, the Secretary shall order the person 

11 who committed such violation— 

12 ‘‘(i) to take affirmative action to abate 

13 the violation; 

14 ‘‘(ii) to reinstate the complainant to 

15 his or her former position together with the 

16 compensation (including back pay) and re17 store the terms, conditions, and privileges 

18 associated with his or her employment; and 

19 ‘‘(iii) to provide compensatory dam20 ages to the complainant. 

21 If such an order is issued under this paragraph, 

22 the Secretary, at the request of the complainant, 

23 shall assess against the person against whom the 

24 order is issued a sum equal to the aggregate 

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1 torneys’ and expert witness fees) reasonably in2 curred, as determined by the Secretary, by the 

3 complainant for, or in connection with, the 

4 bringing the complaint upon which the order 

5 was issued. 

6 ‘‘(C) FRIVOLOUS COMPLAINTS.—If the Sec7 retary finds that a complaint under paragraph 

8 (1) is frivolous or has been brought in bad faith, 

9 the Secretary may award to the prevailing em10 ployer a reasonable attorney’s fee not exceeding 

11 $1,000. 

12 ‘‘(D) DE NOVO REVIEW.—With respect to a 

13 complaint under paragraph (1), if the Secretary 

14 of Labor has not issued a final decision within 

15 210 days after the filing of the complaint and if 

16 the delay is not due to the bad faith of the em17 ployee, the employee may bring an original ac18 tion at law or equity for de novo review in the 

19 appropriate district court of the United States, 

20 which shall have jurisdiction over such an action 

21 without regard to the amount in controversy, 

22 and which action shall, at the request of either 

23 party to the action, be tried by the court with a 

24 jury. The Action shall be governed by the same 


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1 legal burdens of proof specified in paragraph 

2 (2)(B) for review by the Secretary of Labor. 

3 ‘‘(4) REVIEW.— 

4 ‘‘(A) APPEAL TO COURT OF APPEALS.—Any 

5 person adversely affected or aggrieved by an 

6 order issued under paragraph (3) may obtain re7 view of the order in the United States Court of 

8 Appeals for the circuit in which the violation, 

9 with respect to which the order was issued, alleg10 edly occurred or the circuit in which the com11 plainant resided on the date of such violation. 

12 The petition for review shall be filed not later 

13 than 60 days after the date of the issuance of the 

14 final order of the Secretary. Review shall con15 form to chapter 7 of title 5. The commencement 

16 of proceedings under this subparagraph shall 

17 not, unless ordered by the court, operate as a 

18 stay of the order. 

19 ‘‘(B) LIMITATION ON COLLATERAL AT20 TACK.—An order of the Secretary with respect to 

21 which review could have been obtained under 

22 subparagraph (A) shall not be subject to judicial 

23 review in any criminal or other civil proceeding. 

24 ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY.— 

25 Whenever any person has failed to comply with an 


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1 order issued under paragraph (3), the Secretary may 

2 file a civil action in the United States district court 

3 for the district in which the violation was found to 

4 occur to enforce such order. In actions brought under 

5 this paragraph, the district courts shall have jurisdic6 tion to grant all appropriate relief including, but not 

7 limited to, injunctive relief and compensatory dam8 ages. 

9 ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— 

10 ‘‘(A) COMMENCEMENT OF ACTION.—A per11 son on whose behalf an order was issued under 

12 paragraph (3) may commence a civil action 

13 against the person to whom such order was 

14 issued to require compliance with such order. 

15 The appropriate United States district court 

16 shall have jurisdiction, without regard to the 

17 amount in controversy or the citizenship of the 

18 parties, to enforce such order. 

19 ‘‘(B) ATTORNEY FEES.—The court, in 

20 issuing any final order under this paragraph, 

21 may award costs of litigation (including reason22 able attorney and expert witness fees) to any 

23 party whenever the court determines such award 

24 is appropriate. 


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1 ‘‘(c) MANDAMUS.—Any nondiscretionary duty im2 posed by this section shall be enforceable in a mandamus 

3 proceeding brought under section 1361 of title 28. 

4 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA5 TIONS.—Subsection (a) shall not apply with respect to an 

6 employee of a motor vehicle manufacturer, part supplier, 

7 or dealership who, acting without direction from such motor 

8 vehicle manufacturer, part supplier, or dealership (or such 

9 person’s agent), deliberately causes a violation of any re10 quirement relating to motor vehicle safety under this chap11 ter.’’. 

12 (b) CONFORMING AMENDMENT.—The table of sections 

13 for chapter 301 of title 49, United States Code, is amended 

14 by inserting after the item relating to section 30170 the fol15 lowing: 

‘‘30171. Protection of employees providing motor vehicle safety information’’. 

16 SEC. 307. CORPORATE RESPONSIBILITY FOR NHTSA RE17 PORTS. 

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

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

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

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

22 for each company submitting information to the Sec23 retary in response to a request for information in a 

24 safety defect or compliance investigation under this 

25 chapter, that a principal officer certify that— 


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1 ‘‘(A) the signing officer has reviewed the 

2 submission; and 

3 ‘‘(B) based on the officer’s knowledge, the 

4 submission does not contain any untrue state5 ment of a material fact or omit to state a mate6 rial fact necessary in order to make the state7 ments made, in light of the circumstances under 

8 which such statements were made, not mis9 leading. 

10 ‘‘(2) NOTICE.—The certification requirements of 

11 this section shall be clearly stated on any request for 

12 information under paragraph (1). 

13 ‘‘(3) DEFINITION OF PRINCIPAL OFFICER.—In 

14 this section, the term ‘principal officer’ means— 

15 ‘‘(A) an officer of the company who resides 

16 in the United States who is responsible for safety 

17 compliance under United States laws and re18 ports directly to the principal executive officer of 

19 the company; or 

20 ‘‘(B) the principal executive officer residing 

21 in the United States.’’. 

22 (b) PENALTIES.— 

23 (1) CIVIL PENALTY.—Section 30165(a) of title 

24 49, United States Code, is amended— 


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1 (A) by striking ‘‘A person’’ in paragraph 

2 (3) and inserting ‘‘Except as provided in para3 graph (4), a person’’; and 

4 (B) by adding at the end thereof the fol5 lowing: 

6 ‘‘(4) FALSE, MISLEADING OR INCOMPLETE RE7 PORTS.—A person who knowingly and willfully sub8 mits materially false, misleading, or incomplete infor9 mation to the Secretary, after certifying the same in10 formation as accurate and complete under the certifi11 cation process established pursuant to section 

12 30166(o), shall be subject to a civil penalty of not 

13 more than $50,000 per day. The maximum penalty 

14 under this paragraph for a related series of daily vio15 lations is $10,000,000.’’. 

16 (2) CRIMINAL PENALTY.—Section 30170 of title 

17 49, United States Code, is amended— 

18 (A) by redesignating paragraphs (1) and 

19 (2) of subsection (a) as paragraphs (2) and (3), 

20 respectively, and by inserting before paragraph 

21 (2) the following: 

22 ‘‘(1) SUBMITTING MISLEADING INFORMATION TO

23 THE SECRETARY.—A person who violates section 1001 

24 of title 18 with respect to the reporting requirements 

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1 tent of misleading the Secretary with respect to motor 

2 vehicle or motor vehicle equipment safety related de3 fects shall, in addition to the penalties imposed under 

4 title 18, be subject to imprisonment for not more than 

5 an additional 12 months.’’; 

6 (B) by striking the heading for paragraph 

7 (2), as redesignated, of subsection (a) and insert8 ing the following: 

9 ‘‘(2) SUBMITTING MISLEADING INFORMATION TO

10 THE SECRETARY THAT LEADS TO DEATH OR SERIOUS

11 INJURY.—’’; and 

12 (C) by striking subparagraph (A) of para13 graph (3), as redesignated, of subsection (a) and 

14 inserting the following: 

15 ‘‘(A) CORRECTION.—A person described in 

16 paragraph (1) or (2) shall not be subject to 

17 criminal penalties under this subsection if— 

18 ‘‘(i) the person corrects any improper 

19 reports or failure to report within a reason20 able time; and 

21 ‘‘(ii) in the case of a person described 

22 in paragraph (2), at the time of the viola23 tion, such person does not know that the 

24 violation would result in an accident caus25 ing death or serious bodily injury.’’. 


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1 SEC. 308. ANTI-REVOLVING DOOR. 

2 (a) PROFESSIONAL RESPONSIBILITY INTEGRITY PE3 RIOD.— 

4 (1) IN GENERAL.—Subchapter I of chapter 301 

5 of title 49, United States Code, is amended by adding 

6 at the end the following: 

7 ‘‘§ 30107. Restriction on certain employment activities 

8 ‘‘(a) NHTSA EMPLOYEES.— 

9 ‘‘(1) IN GENERAL.—A individual to whom this 

10 subsection applies who is employed by the National 

11 Highway Traffic Safety Administration may not 

12 commence employment with, or otherwise advise, pro13 vide assistance to, or represent for compensation, a 

14 manufacturer or other person subject to regulation 

15 under this chapter during the 36-month period com16 mencing upon that individual’s termination of em17 ployment with the National Highway Traffic Safety 

18 Administration if such employment, advice, assist19 ance, or representation involves— 

20 ‘‘(A) written or oral communication with 

21 the National Highway Traffic Safety Adminis22 tration on any matter relating to compliance 

23 with the requirements of this chapter on behalf 

24 of the manufacturer or person; 

25 ‘‘(B) representing or advising a manufac26 turer with respect to a motor vehicle safety or 


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1 fuel economy issue, including any defect related 

2 to motor vehicle safety, compliance with a motor 

3 vehicle safety standard, or compliance with an 

4 average fuel economy standard prescribed under 

5 chapter 329 of this title; or 

6 ‘‘(C) assisting a manufacturer in respond7 ing to a request for information from the Na8 tional Highway Traffic Safety Administration. 

9 ‘‘(2) APPLICATION.— 

10 ‘‘(A) IN GENERAL.—This subsection applies 

11 to any individual— 

12 ‘‘(i) to whom section 207 (c) or (d) of 

13 title 18 applies; or 

14 ‘‘(ii) whose responsibilities during his 

15 or her last 12 months of employment at the 

16 National Highway Traffic Safety Adminis17 tration included administrative, manage18 rial, supervisory, legal, or senior technical 

19 responsibility for any motor vehicle safety20 related program or activity. 

21 ‘‘(3) SAFE HARBOR.—This subsection does not 

22 apply to any individual employed by a manufacturer 

23 or other person subject to regulation under this chap24 ter as of the date of enactment of the Motor Vehicle 

25 Safety Act of 2010. 


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1 ‘‘(b) MANUFACTURERS.—It is unlawful for any manu2 facturer or other person subject to regulation under this 

3 chapter to employ or contract for the services of an indi4 vidual to whom subsection (a) applies during the 36-month 

5 period commencing on the individual’s termination of em6 ployment with the National Highway Traffic Safety Ad7 ministration in a capacity in which the individual is pro8 hibited from serving during that period.’’. 

9 (2) CIVIL PENALTY.—Section 30165(a) of title 

10 49, United States Code, as amended by section 307, 

11 is further amended by adding at the end the fol12 lowing: 

13 ‘‘(5) SECTION 30107.—An individual who vio14 lates section 30107(a) is liable to the United States 

15 Government for a civil penalty as determined under 

16 section 216(b) of title 18 for an offense under section 

17 207 of that title. A manufacturer or other person sub18 ject to regulation under this chapter who violates sec19 tion 30107(b) is liable to the United States Govern20 ment for a civil penalty of the sum of— 

21 ‘‘(A) an amount equal to not less than 

22 $100,000; and 

23 ‘‘(B) an amount equal to 90 percent of the 

24 annual compensation or fee paid or payable to 


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1 the individual with respect to whom the viola2 tion occurred.’’. 

3 (3) CONFORMING AMENDMENT.—The table of 

4 contents for chapter 301 of title 49, United States 

5 Code, is amended by inserting after the item relating 

6 to section 30106 the following: 

‘‘30107. Restriction on certain employment activities.’’. 

7 (b) STUDY OF DEPARTMENT OF TRANSPORTATION

8 POLICIES ON OFFICIAL COMMUNICATION WITH FORMER

9 MOTOR VEHICLE SAFETY ISSUE EMPLOYEES.—Within 1 

10 year after the date of enactment of this Act the Department 

11 of Transportation Inspector General shall— 

12 (1) review the Department’s policies and proce13 dures applicable to official communication with 

14 former employees concerning motor vehicle safety 

15 compliance matters for which they had responsibility 

16 during the last 12 months of their tenure at the De17 partment, including any limitations on the ability of 

18 such employees to submit comments, or otherwise 

19 communicate directly with the Department, on motor 

20 vehicle safety issues; and 

21 (2) submit a report to the Senate Committee on 

22 Commerce, Science, and Transportation and the 

23 House of Representatives Committee on Energy and 

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1 ening those policies and procedures to minimize the 

2 risk of undue influence without compromising the 

3 ability of the Department to employ and retain high4 ly qualified individuals for such responsibilities. 

5 (c) POST-EMPLOYMENT POLICY STUDY.— 

6 (1) IN GENERAL.—The Department of Transpor7 tation Inspector General shall conduct a study of the 

8 Department’s policies relating to post-employment re9 strictions on employees who perform functions related 

10 to transportation safety. 

11 (2) REPORT.—Not later than 1 year after the 

12 date of enactment of this Act, the Inspector General 

13 shall submit a report containing the results of the 

14 study conducted under paragraph (1) to— 

15 (A) the Senate Committee on Commerce, 

16 Science, and Transportation; 

17 (B) the House of Representatives Committee 

18 on Energy and Commerce; and 

19 (C) the Secretary of Transportation. 

20 (3) USE OF RESULTS.—The Secretary of Trans21 portation shall review the results of the study and 

22 take whatever action the Secretary determines to be 

23 appropriate. 


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1 SEC. 309. DEADLINES FOR RULEMAKING. 

2 If the Secretary determines that a deadline for a final 

3 rule under this Act or an amendment made by this Act 

4 cannot be met, the Secretary shall— 

5 (1) notify the House of Representatives Com6 mittee on Energy and Commerce and the Senate 

7 Committee on Commerce, Science, and Transpor8 tation and explain why that deadline cannot be met; 

9 and 

10 (2) establish a new deadline for that rule. 

11 SEC. 310. USED PASSENGER MOTOR VEHICLE CONSUMER 

12 PROTECTION. 

13 (a) IN GENERAL.—Section 30120 of title 49, United 

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

15 ‘‘(k) LIMITATION ON SALE OR LEASE OF USED MOTOR

16 VEHICLES.— 

17 ‘‘(1) A dealer may not sell or lease a used pas18 senger motor vehicle until— 

19 ‘‘(A) the dealer clearly and conspicuously 

20 notifies the purchaser or lessee, in writing, of 

21 any notifications of a defect or noncompliance 

22 pursuant to section 30118(b) or section 30118(c) 

23 of this title with respect to the vehicle that have 

24 not been remedied; and 

25 ‘‘(B) the purchaser or lessee acknowledges, 

26 in writing, the receipt of such notification. 


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1 ‘‘(2) Paragraph (1) shall not apply if— 

2 ‘‘(A) the defect or noncompliance is rem3 edied as required by this section before delivery 

4 under the sale or lease; or 

5 ‘‘(B) notification of the defect or noncompli6 ance is required under section 30118(b) but en7 forcement of the order is set aside in a civil ac8 tion to which 30121(d) applies. 

9 ‘‘(3) This subsection does not apply to a dealer, 

10 if the recall information regarding a used passenger 

11 motor vehicle was not accessible at the time of sale or 

12 lease using the means established by the Secretary in 

13 section 302(b) of the Motor Vehicle Safety Act of 2010. 

14 ‘‘(4) In this subsection, notwithstanding section 

15 30102(a)(1) of this title— 

16 ‘‘(A) the term ‘dealer’ means a person who 

17 sold at least 10 motor vehicles to consumers dur18 ing the prior 12 months; and 

19 ‘‘(B) the term ‘used motor vehicle’ means a 

20 motor vehicle that has previously been purchased 

21 other than for resale. 

22 ‘‘(5) By rule, the Secretary may exempt the auc23 tioning of used motor vehicles from the requirements 

24 of this section to the extent that the exemption does 

25 not harm public safety.’’. 


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1 (b) EFFECTIVE DATE.—This section shall take effect 

2 18 months after the date of enactment of this Act. 

3 SEC. 311. USE OF EXISTING REGULATORY FRAMEWORK. 

4 In conducting any rulemaking proceedings required by 

5 this Act or by any amendment made by this Act, the Sec6 retary shall, where appropriate, amend or modify existing 

7 regulations or standards pertaining to the same or a simi8 lar subject matter. 

9 SEC. 312. RECALLED VEHICLES AND REPLACEMENT EQUIP10 MENT. 

11 (a) IMPROVING THE EFFICACY OF MOTOR VEHICLE

12 SAFETY RECALLS.—Section 30119(e) of title 49, United 

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

14 ‘‘If, in the Secretary’s judgment, depending on the severity 

15 of the defect or noncompliance, the second notification by 

16 a manufacturer does not result in an adequate number of 

17 passenger motor vehicles or items of replacement equipment 

18 being returned for remedy, the Secretary may— 

19 ‘‘(1) attempt to notify the registered owner of the 

20 recalled vehicle via first class mail or electronic 

21 means; and 

22 ‘‘(2) explain in writing to the registered owner 

23 the safety risk posed by the defect or noncompliance.’’. 


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1 (b) LOCATING OWNERS OR LESSEES.—Section 30119 

2 of title 49, United States Code, is amended by adding at 

3 the end the following: 

4 ‘‘(g) LOCATING OWNERS OR LESSEES.—Depending on 

5 the magnitude of the risk to passenger motor vehicle safety, 

6 in the case of severe and life-threatening defects the Sec7 retary may utilize, as appropriate, governmental motor ve8 hicle databases or require manufacturers to provide suffi9 cient information to enable the Secretary to locate and no10 tify the owner or lessee of the defective or noncompliant ve11 hicle or replacement equipment.’’. 

12 TITLE IV—FUNDING 

13 SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 30104 of title 49, United States Code, is 

15 amended— 

16 (1) by striking ‘‘$98,313,500’’; and 

17 (2) by striking ‘‘in each fiscal year beginning’’ 

18 and all that follows and inserting ‘‘and to carry out 

19 the Motor Vehicle Safety Act of 2010— 

20 ‘‘(1) $200,000,000 for fiscal year 2011; 

21 ‘‘(2) $240,000,000 for fiscal year 2012; and 

22 ‘‘(3) $280,000,000 for fiscal year 2013.’’. 


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1 TITLE V—PEDESTRIAN SAFETY 

2 ENHANCEMENT 

3 SEC. 501. SHORT TITLE. 

4 This title may be cited as the ‘‘Pedestrian Safety En5 hancement Act of 2009’. 

6 SEC. 502. DEFINITIONS. 

7 In this title: 

8 (1) ALERT SOUND; SOUND.—The term ‘‘alert 

9 sound’’ or ‘‘sound’’ means a vehicle-emitted sound to 

10 enable pedestrians to discern vehicle presence, direc11 tion, location, and operation. 

12 (2) CROSS-OVER SPEED.—The term ‘‘cross-over 

13 speed’’ means the speed at which tire noise, wind re14 sistance, and other factors eliminate the need for a 

15 separate alert sound as determined by the Secretary. 

16 (3) CONVENTIONAL MOTOR VEHICLE.—The term 

17 ‘‘conventional motor vehicle’’ means a motor vehicle 

18 powered by a gasoline, diesel, or alternative fueled in19 ternal combustion engine as its sole means of propul20 sion. 

21 (4) DEALER.—The term ‘‘dealer’’ has the mean22 ing given such term in section 30102(a)(1) of title 49, 

23 United States Code. 


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1 (5) DEFECT.—The term ‘‘defect’’ has the mean2 ing given such term in section 30102(a)(2) of title 49, 

3 United States Code. 

4 (6) ELECTRIC VEHICLE.—The term ‘‘electric ve5 hicle’’ means a motor vehicle with an electric motor 

6 as its sole means of propulsion. 

7 (7) HYBRID VEHICLE.—The term ‘‘hybrid vehi8 cle’’ means a motor vehicle which has more than one 

9 means of propulsion. 

10 (8) MANUFACTURER.—The term ‘‘manufacturer’’ 

11 has the meaning given such term in section 

12 30102(a)(5) of title 49, United States Code. 

13 (9) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ 

14 has the meaning given such term in section 

15 30102(a)(6) of title 49, United States Code, except 

16 that such term shall not include a trailer (as such 

17 term is defined in section 571.3 of title 49, Code of 

18 Federal Regulations). 

19 (10) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Transportation. 

21 SEC. 503. MINIMUM SOUND REQUIREMENT FOR MOTOR VE22 HICLES. 

23 (a) RULEMAKING REQUIRED.—Not later than 18 

24 months after the date of enactment of this Act the Secretary 

25 shall initiate rulemaking, under section 30111 of title 49, 


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1 United States Code, to promulgate a motor vehicle safety 

2 standard— 

3 (1) establishing performance requirements for an 

4 alert sound that allows blind and other pedestrians to 

5 reasonably detect a nearby electric or hybrid vehicle 

6 operating below the cross-over speed, if any, and 

7 (2) requiring new electric or hybrid vehicles to 

8 provide an alert sound conforming to the require9 ments of the motor vehicle safety standard established 

10 under this subsection. 

11 The motor vehicle safety standard established under this 

12 subsection shall not require either driver or pedestrian acti13 vation of the alert sound and shall allow the pedestrian to 

14 reasonably detect a nearby electric or hybrid vehicle in crit15 ical operating scenarios including, but not limited to, con16 stant speed, accelerating, or decelerating. The Secretary 

17 shall allow manufacturers to provide each vehicle with one 

18 or more sounds that comply with the motor vehicle safety 

19 standard at the time of manufacture. Further, the Secretary 

20 shall require manufacturers to provide, within reasonable 

21 manufacturing tolerances, the same sound or set of sounds 

22 for all vehicles of the same make and model and shall pro23 hibit manufacturers from providing any mechanism for 

24 anyone other than the manufacturer or the dealer to disable, 

25 alter, replace, or modify the sound or set of sounds, except 


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1 that the manufacturer or dealer may alter, replace, or mod2 ify the sound or set of sounds in order to remedy a defect 

3 or non-compliance with the motor vehicle safety standard. 

4 The Secretary shall promulgate the required motor vehicle 

5 safety standard pursuant to this subsection not later than 

6 36 months after the date of enactment of this Act. 

7 (b) CONSIDERATION.—When conducting the required 

8 rulemaking, the Secretary shall— 

9 (1) determine the minimum level of sound emit10 ted from a motor vehicle that is necessary to provide 

11 blind and other pedestrians with the information 

12 needed to reasonably detect a nearby electric or hy13 brid vehicle operating at or below the cross-over speed, 

14 if any; 

15 (2) determine the performance requirements for 

16 an alert sound that is recognizable to a pedestrian as 

17 a motor vehicle in operation; and 

18 (3) consider the overall community noise impact. 

19 (c) PHASE-IN REQUIRED.—The motor vehicle safety 

20 standard prescribed pursuant to subsection (a) of this sec21 tion shall establish a phase-in period for compliance, as de22 termined by the Secretary, and shall require full compliance 

23 with the required motor vehicle safety standard for motor 

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1 endar year that begins 3 years after the date on which the 

2 final rule is issued. 

3 (d) REQUIRED CONSULTATION.—When conducting the 

4 required study and rulemaking, the Secretary shall— 

5 (1) consult with the Environmental Protection 

6 Agency to assure that the motor vehicle safety stand7 ard is consistent with existing noise requirements 

8 overseen by that Agency; 

9 (2) consult consumer groups representing indi10 viduals who are blind; 

11 (3) consult with automobile manufacturers and 

12 professional organizations representing them; and 

13 (4) consult technical standardization organiza14 tions responsible for measurement methods such as the 

15 Society of Automotive Engineers, the International 

16 Organization for Standardization, and the United 

17 Nations Economic Commission for Europe, World 

18 Forum for Harmonization of Vehicle Regulations. 

19 (e) REQUIRED STUDY AND REPORT TO CONGRESS.— 

20 Not later than 48 months after the date of enactment of 

21 this Act, the Secretary shall complete a study and report 

22 to Congress as to whether there exists a safety need to apply 

23 the motor vehicle safety standard required by subsection (a) 

24 to conventional motor vehicles. In the event that the Sec25 retary determines there exists a safety need, the Secretary 


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1 shall initiate rulemaking under section 30111 of title 49, 

2 United States Code, to extend the standard to conventional 

3 motor vehicles. 

4 SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated to the Sec6 retary of Transportation such sums as may be necessary 

7 to carry out this title. 

8 TITLE VI—IN-VEHICLE ALCOHOL 

9 DETECTION DEVICE RESEARCH 

10 SEC. 601. SHORT TITLE. 

11 This title may be cited as the ‘‘Research of Alcohol De12 tection Systems for Stopping Alcohol-related Fatalities Ev13 erywhere Act of 2010’’ or the ‘‘ROADS SAFE Act of 2010’’. 

14 SEC. 602. FINDINGS. 

15 Congress finds the following: 

16 (1) Alcohol-impaired driving fatalities represent 

approximately 1 17 ⁄3 of all highway fatalities in the 

18 United States in a given year. 

19 (2) In 2008, there were 11,773 alcohol-impaired 

20 driving fatalities. 

21 (3) An estimated 9,000 road traffic deaths could 

22 be prevented every year if alcohol detection tech23 nologies were more widely used to prevent alcohol-im24 paired drivers from operating their vehicles. 


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1 (4) The National Highway Traffic Safety Ad2 ministration has partnered with automobile manufac3 turers to develop alcohol detection technologies that 

4 could be installed in vehicles to prevent drunk driv5 ing. 

6 (5) Alcohol detection technologies will not be 

7 widely accepted by the public unless they are mod8 erately priced, absolutely reliable, and set at a level 

9 that would not prevent a driver whose blood alcohol 

10 content is less than the legal limit from operating a 

11 vehicle. 

12 SEC. 603. DRIVER ALCOHOL DETECTION SYSTEM FOR SAFE13 TY RESEARCH. 

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

15 Highway Traffic Safety Administration shall carry out a 

16 collaborative research effort under chapter 301 of title 49, 

17 United States Code, to continue to explore the feasibility 

18 and the potential benefits of, and the public policy chal19 lenges associated with, more widespread deployment of in20 vehicle technology to prevent alcohol-impaired driving. 

21 (b) REPORTS.—The Administrator shall submit a re22 port annually to the Senate Committee on Commerce, 

23 Science, and Transportation and the House of Representa24 tives Committee on Energy and Commerce— 


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1 (1) describing progress in carrying out the col2 laborative research effort; and 

3 (2) including an accounting for the use of Fed4 eral funds obligated or expended in carrying out that 

5 effort. 

6 SEC. 604. DEFINTIONS. 

7 In this title: 

8 (1) ALCOHOL-IMPAIRED DRIVING.—The term ‘‘al9 cohol-impaired driving’’ means operation of a motor 

10 vehicle (as defined in section 30102(a)(6) of title 49, 

11 United States Code) by an individual whose blood al12 cohol content is at or above the legal limit. 

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

14 means a blood alcohol concentration of 0.08 percent or 

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

16 States Code) or such other percentage limitation as 

17 may be established by applicable Federal, State, or 

18 local law. 

19 SEC. 605. APPLICATION WITH OTHER LAWS. 

20 Nothing in this title shall be construed to modify or 

21 otherwise affect any Federal, State, or local government 

22 law, civil or criminal, with respect to the operation of a 

23 motor vehicle. 


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1 SEC. 606. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There are authorized to be appro3 priated to the Secretary of Transportation $12,000,000 for 

4 each of fiscal years 2011 through 2015 to carry out the col5 laborative research effort under section 603(a). 

6 (b) EXCESS FUNDS.—Any amounts appropriated pur7 suant to subsection (a) that are not needed to carry out 

8 collaborative research under section 603(a) may be used by 

9 the Secretary for highway safety research in accordance 

10 with chapter 301 of title 49, United States Code, and chap11 ter 403 of title 23, United States Code. 


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Calendar No. 653 

111TH CONGRESS 

2D SESSION S. 3302 

A BILL 

To amend title 49, United States Code, to establish 

and the public, and for other purposes. National Highway Traffic Safety Administration motor vehicle safety information available to the new automobile safety standards, make better 

NOVEMBER 29, 2010 

Reported with an amendment in the nature of a 

substitute 


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