995 
‘‘(K) judicial outreach liaisons; 
‘‘(L) equipment and related expenditures 
used in connection with impaired driving en-
forcement in accordance with criteria estab-
lished by the National Highway Traffic Safety 
Administration; 
‘‘(M) training on the use of alcohol screen-
ing and brief intervention; 
‘‘(N) developing impaired driving informa-
tion systems; and 
‘‘(O) costs associated with a ‘24-7 sobriety 
program’. 
‘‘(3) OTHER
PROGRAMS.—Low-range States 
may use grant funds for any expenditure designed to 
reduce impaired driving based on problem identifica-
tion. Medium and high-range States may use funds 
for such expenditures upon approval by the Sec-
retary. 
‘‘(e) GRANT AMOUNT.—Subject to subsection (f), the 
allocation of grant funds to a State under this section for 
a fiscal year shall be in proportion to the State’s appor-
tionment under section 402(c) for fiscal year 2009. 
‘‘(f) GRANTS TO STATES THAT ADOPT AND EN-
FORCE
MANDATORY
ALCOHOL-IGNITION
INTERLOCK 
LAWS.— 
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‘‘(1) IN GENERAL.—The Secretary shall make a 
separate grant under this section to each State that 
adopts and is enforcing a mandatory alcohol-ignition 
interlock law for all individuals convicted of driving 
under the influence of alcohol or of driving while in-
toxicated. 
‘‘(2) USE
OF
FUNDS.—Such grants may be 
used by recipient States only for costs associated 
with the State’s alcohol-ignition interlock program, 
including screening, assessment, and program and 
offender oversight. 
‘‘(3) 
ALLOCATION.—Funds 
made 
available 
under this subsection shall be allocated among 
States described in paragraph (1) on the basis of the 
apportionment formula under section 402(c). 
‘‘(4) FUNDING.—Not more than 15 percent of 
the amounts made available to carry out this section 
in a fiscal year shall be made available by the Sec-
retary for making grants under this subsection. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) 24-7 SOBRIETY PROGRAM.—The term ‘24- 
7 sobriety program’ means a State law or program 
that authorizes a State court or a State agency, as 
a condition of sentence, probation, parole, or work 
permit, to— 
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‘‘(A) require an individual who plead guilty 
or was convicted of driving under the influence 
of alcohol or drugs to totally abstain from alco-
hol or drugs for a period of time; and 
‘‘(B) require the individual to be subject to 
testing for alcohol or drugs— 
‘‘(i) at least twice a day; 
‘‘(ii) by continuous transdermal alco-
hol monitoring via an electronic monitoring 
device; or 
‘‘(iii) by an alternate method with the 
concurrence of the Secretary. 
‘‘(2) AVERAGE
IMPAIRED
DRIVING
FATALITY 
RATE.—The term ‘average impaired driving fatality 
rate’ means the number of fatalities in motor vehicle 
crashes involving a driver with a blood alcohol con-
centration of at least 0.08 for every 100,000,000 ve-
hicle miles traveled, based on the most recently re-
ported 3 calendar years of final data from the Fatal-
ity Analysis Reporting System, as calculated in ac-
cordance with regulations prescribed by the Adminis-
trator of the National Highway Traffic Safety Ad-
ministration. 
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‘‘(3) HIGH-RANGE
STATE.—The term ‘high- 
range State’ means a State that has an average im-
paired driving fatality rate of 0.60 or higher. 
‘‘(4) LOW-RANGE STATE.—The term ‘low-range 
State’ means a State that has an average impaired 
driving fatality rate of 0.30 or lower. 
‘‘(5) MID-RANGE STATE.—The term ‘mid-range 
State’ means a State that has an average impaired 
driving fatality rate that is higher than 0.30 and 
lower than 0.60.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 4 of title 23, United States Code, is amended by 
striking the item relating to section 410 and inserting the 
following: 
‘‘410. Impaired driving countermeasures.’’. 
SEC. 31108. DISTRACTED DRIVING GRANTS. 
(a) IN GENERAL.—Section 411 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 411. Distracted driving grants 
‘‘(a) IN GENERAL.—The Secretary shall award a 
grant under this section to any State that enacts and en-
forces a statute that meets the requirements set forth in 
subsections (b) and (c). 
‘‘(b) PROHIBITION ON TEXTING WHILE DRIVING.— 
A State statute meets the requirements set forth in this 
subsection if the statute— 
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‘‘(1) prohibits drivers from texting through a 
personal wireless communications device while driv-
ing; 
‘‘(2) makes violation of the statute a primary 
offense; 
‘‘(3) establishes— 
‘‘(A) a minimum fine for a first violation 
of the statute; and 
‘‘(B) increased fines for repeat violations; 
and 
‘‘(4) provides increased civil and criminal pen-
alties than would otherwise apply if a vehicle acci-
dent is caused by a driver who is using such a device 
in violation of the statute. 
‘‘(c) PROHIBITION ON YOUTH CELL PHONE USE 
WHILE DRIVING.—A State statute meets the require-
ments set forth in this subsection if the statute— 
‘‘(1) prohibits a driver who is younger than 18 
years of age from using a personal wireless commu-
nications device while driving; 
‘‘(2) makes violation of the statute a primary 
offense; 
‘‘(3) requires distracted driving issues to be 
tested as part of the State driver’s license examina-
tion; 
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‘‘(4) establishes— 
‘‘(A) a minimum fine for a first violation 
of the statute; and 
‘‘(B) increased fines for repeat violations; 
and 
‘‘(5) provides increased civil and criminal pen-
alties than would otherwise apply if a vehicle acci-
dent is caused by a driver who is using such a device 
in violation of the statute. 
‘‘(d) PERMITTED
EXCEPTIONS.—A statute that 
meets the requirements set forth in subsections (b) and 
(c) may provide exceptions for— 
‘‘(1) a driver who uses a personal wireless com-
munications device to contact emergency services; 
‘‘(2) emergency services personnel who use a 
personal wireless communications device while— 
‘‘(A) operating an emergency services vehi-
cle; and 
‘‘(B) engaged in the performance of their 
duties as emergency services personnel; and 
‘‘(3) an individual employed as a commercial 
motor vehicle driver or a school bus driver who uses 
a personal wireless communications device within the 
scope of such individual’s employment if such use is 
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permitted under the regulations promulgated pursu-
ant to section 31152 of title 49. 
‘‘(e) USE OF GRANT FUNDS.—Of the grant funds re-
ceived by a State under this section— 
‘‘(1) at least 50 percent shall be used— 
‘‘(A) to educate the public through adver-
tising containing information about the dangers 
of texting or using a cell phone while driving; 
‘‘(B) for traffic signs that notify drivers 
about the distracted driving law of the State; or 
‘‘(C) for law enforcement costs related to 
the enforcement of the distracted driving law; 
and 
‘‘(2) up to 50 percent may be used for other 
projects that— 
‘‘(A) improve traffic safety; and 
‘‘(B) are consistent with the criteria set 
forth in section 402(a). 
‘‘(f) ADDITIONAL GRANTS.—In fiscal year 2012, the 
Secretary may use up to 25 percent of the funding avail-
able for grants under this section to award grants to 
States that— 
‘‘(1) enacted statutes before July 1, 2011, 
which meet the requirements under paragraphs (1) 
and (2) of subsection (b); and 
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‘‘(2) are otherwise ineligible for a grant under 
this section. 
‘‘(g) DISTRACTED DRIVING STUDY.— 
‘‘(1) IN GENERAL.—The Secretary shall con-
duct a study of all forms of distracted driving. 
‘‘(2) 
COMPONENTS.—The 
study 
conducted 
under paragraph (1) shall— 
‘‘(A) examine the effect of distractions 
other than the use of personal wireless commu-
nications on motor vehicle safety; 
‘‘(B) identify metrics to determine the na-
ture and scope of the distracted driving prob-
lem; 
‘‘(C) identify the most effective methods to 
enhance education and awareness; and 
‘‘(D) identify the most effective method of 
reducing deaths and injuries caused by all 
forms of distracted driving. 
‘‘(3) REPORT.—Not later than 1 year after the 
date of enactment of the Motor Vehicle and High-
way Safety Improvement Act of 2012, the Secretary 
shall submit a report containing the results of the 
study conducted under this subsection to— 
‘‘(A) 
the 
Committee 
on 
Commerce, 
Science, and Transportation of the Senate; and 
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‘‘(B) the Committee on Transportation 
and Infrastructure of the House of Representa-
tives. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) DRIVING.—The term ‘driving’— 
‘‘(A) means operating a motor vehicle on a 
public road, including operation while tempo-
rarily stationary because of traffic, a traffic 
light or stop sign, or otherwise; and 
‘‘(B) does not include operating a motor 
vehicle when the vehicle has pulled over to the 
side of, or off, an active roadway and has 
stopped in a location where it can safely remain 
stationary. 
‘‘(2) PERSONAL
WIRELESS
COMMUNICATIONS 
DEVICE.—The term ‘personal wireless communica-
tions device’— 
‘‘(A) means a device through which per-
sonal wireless services (as defined in section 
332(c)(7)(C)(i) of the Communications Act of 
1934 (47 U.S.C. 332(c)(7)(C)(i))) are trans-
mitted; and 
‘‘(B) does not include a global navigation 
satellite system receiver used for positioning, 
emergency notification, or navigation purposes. 
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‘‘(3) PRIMARY OFFENSE.—The term ‘primary 
offense’ means an offense for which a law enforce-
ment officer may stop a vehicle solely for the pur-
pose of issuing a citation in the absence of evidence 
of another offense. 
‘‘(4) PUBLIC
ROAD.—The term ‘public road’ 
has the meaning given that term in section 402(c). 
‘‘(5) TEXTING.—The term ‘texting’ means 
reading from or manually entering data into a per-
sonal wireless communications device, including 
doing so for the purpose of SMS texting, e-mailing, 
instant messaging, or engaging in any other form of 
electronic data retrieval or electronic data commu-
nication.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 4 of title 23, United States Code, is amended by 
striking the item relating to section 411 and inserting the 
following: 
‘‘411. Distracted driving grants.’’. 
SEC. 31109. HIGH VISIBILITY ENFORCEMENT PROGRAM. 
Section 2009 of SAFETEA–LU (23 U.S.C. 402 
note) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘at least 2’’ and inserting 
‘‘at least 3’’; and 
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(B) by striking ‘‘years 2006 through 
2012.’’ and inserting ‘‘fiscal years 2012 and 
2013. The Administrator may also initiate and 
support additional campaigns in each of fiscal 
years 2012 and 2013 for the purposes specified 
in subsection (b).’’; 
(2) in subsection (b) by striking ‘‘either or 
both’’ and inserting ‘‘outcomes related to at least 
1’’; 
(3) in subsection (c), by inserting ‘‘and Inter-
net-based outreach’’ after ‘‘print media advertising’’; 
(4) in subsection (e), by striking ‘‘subsections 
(a), (c), and (f)’’ and inserting ‘‘subsection (c)’’; 
(5) by striking subsection (f); and 
(6) by redesignating subsection (g) as sub-
section (f). 
SEC. 31110. MOTORCYCLIST SAFETY. 
Section 2010 of SAFETEA–LU (23 U.S.C. 402 
note) is amended— 
(1) by striking subsections (b) and (g); 
(2) by redesignating subsections (c), (d), (e), 
and (f) as subsections (b), (c), (d), and (e), respec-
tively; and 
(3) in subsection (c)(1), as redesignated, by 
striking ‘‘to the satisfaction of the Secretary—’’ and 
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all that follows and inserting ‘‘, to the satisfaction 
of the Secretary, at least 2 of the 6 criteria listed 
in paragraph (2).’’. 
SEC. 31111. DRIVER ALCOHOL DETECTION SYSTEM FOR 
SAFETY RESEARCH. 
(a) IN GENERAL.—Chapter 4 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 413. In-vehicle alcohol detection device research 
‘‘(a) IN GENERAL.—The Administrator of the Na-
tional Highway Traffic Safety Administration shall carry 
out a collaborative research effort under chapter 301 of 
title 49, United States Code, to continue to explore the 
feasibility and the potential benefits of, and the public pol-
icy challenges associated with, more widespread deploy-
ment of in-vehicle technology to prevent alcohol-impaired 
driving. 
‘‘(b) REPORTS.—The Administrator shall submit a 
report annually to the Senate Committee on Commerce, 
Science, and Transportation and the House of Represent-
atives Committee on Transportation and Infrastructure— 
‘‘(1) describing progress in carrying out the col-
laborative research effort; and 
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‘‘(2) including an accounting for the use of 
Federal funds obligated or expended in carrying out 
that effort. 
‘‘(c) DEFINITIONS.—In this title: 
‘‘(1) ALCOHOL-IMPAIRED DRIVING.—The term 
‘alcohol-impaired driving’ means operation of a 
motor vehicle (as defined in section 30102(a)(6) of 
title 49, United States Code) by an individual whose 
blood alcohol content is at or above the legal limit. 
‘‘(2) LEGAL
LIMIT.—The term ‘legal limit’ 
means a blood alcohol concentration of 0.08 percent 
or greater (as specified by chapter 163 of title 23, 
United States Code) or such other percentage limita-
tion as may be established by applicable Federal, 
State, or local law.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 4 of title 23, United States Code, is amended by insert-
ing after the item relating to section 412 the following: 
‘‘413. In-vehicle alcohol detection device research.’’. 
SEC. 31112. STATE GRADUATED DRIVER LICENSING LAWS. 
(a) IN GENERAL.—Chapter 4 of title 23, United 
States Code, as amended by this title, is further amended 
by adding at the end the following: 
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‘‘§ 414. State Graduated Driver Licensing Incentive 
Grant 
‘‘(a) GRANTS AUTHORIZED.—Subject to the require-
ments of this section, the Secretary shall award grants to 
States that adopt and implement graduated driver licens-
ing laws in accordance with the requirements set forth in 
subsection (b). 
‘‘(b) MINIMUM REQUIREMENTS.— 
‘‘(1) IN GENERAL.—A State meets the require-
ments set forth in this subsection if the State has 
a graduated driver licensing law that requires novice 
drivers younger than 21 years of age to comply with 
the 2-stage licensing process described in paragraph 
(2) before receiving an unrestricted driver’s license. 
‘‘(2) LICENSING PROCESS.—A State is in com-
pliance with the 2-stage licensing process described 
in this paragraph if the State’s driver’s license laws 
include— 
‘‘(A) a learner’s permit stage that— 
‘‘(i) is at least 6 months in duration; 
‘‘(ii) prohibits the driver from using a 
cellular telephone or any communications 
device in a nonemergency situation; and 
‘‘(iii) remains in effect until the driv-
er— 
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‘‘(I) reaches 16 years of age and 
enters the intermediate stage; or 
‘‘(II) reaches 18 years of age; 
‘‘(B) an intermediate stage that— 
‘‘(i) commences immediately after the 
expiration of the learner’s permit stage; 
‘‘(ii) is at least 6 months in duration; 
‘‘(iii) prohibits the driver from using a 
cellular telephone or any communications 
device in a nonemergency situation; 
‘‘(iv) restricts driving at night; 
‘‘(v) prohibits the driver from oper-
ating a motor vehicle with more than 1 
nonfamilial passenger younger than 21 
years of age unless a licensed driver who is 
at least 21 years of age is in the motor ve-
hicle; and 
‘‘(vi) remains in effect until the driver 
reaches 18 years of age; and 
‘‘(C) any other requirement prescribed by 
the Secretary of Transportation, including— 
‘‘(i) in the learner’s permit stage— 
‘‘(I) at least 40 hours of behind- 
the-wheel training with a licensed 
driver who is at least 21 years of age; 
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‘‘(II) a driver training course; 
and 
‘‘(III) a requirement that the 
driver be accompanied and supervised 
by a licensed driver, who is at least 21 
years of age, at all times while such 
driver is operating a motor vehicle; 
and 
‘‘(ii) in the learner’s permit or inter-
mediate stage, a requirement, in addition 
to any other penalties imposed by State 
law, that the grant of an unrestricted driv-
er’s license be automatically delayed for 
any individual who, during the learner’s 
permit or intermediate stage, is convicted 
of a driving-related offense, including— 
‘‘(I) driving while intoxicated; 
‘‘(II) misrepresentation of his or 
her true age; 
‘‘(III) reckless driving; 
‘‘(IV) driving without wearing a 
seat belt; 
‘‘(V) speeding; or 
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‘‘(VI) any other driving-related 
offense, as determined by the Sec-
retary. 
‘‘(c) RULEMAKING.— 
‘‘(1) IN GENERAL.—The Secretary shall pro-
mulgate regulations necessary to implement the re-
quirements under subsection (b), in accordance with 
the notice and comment provisions under section 
553 of title 5, United States Code. 
‘‘(2) EXCEPTION.—A State that otherwise 
meets the minimum requirements set forth in sub-
section (b) shall be deemed by the Secretary to be 
in compliance with the requirement set forth in sub-
section (b) if the State enacted a law before January 
1, 2011, establishing a class of license that permits 
licensees or applicants younger than 18 years of age 
to drive a motor vehicle— 
‘‘(A) in connection with work performed 
on, or for the operation of, a farm owned by 
family members who are directly related to the 
applicant or licensee; or 
‘‘(B) if demonstrable hardship would result 
from the denial of a license to the licensees or 
applicants. 
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‘‘(d) ALLOCATION.—Grant funds allocated to a State 
under this section for a fiscal year shall be in proportion 
to a State’s apportionment under section 402 for such fis-
cal year. 
‘‘(e) USE OF FUNDS.—Grant funds received by a 
State under this section may be used for— 
‘‘(1) enforcing a 2-stage licensing process that 
complies with subsection (b)(2); 
‘‘(2) training for law enforcement personnel and 
other relevant State agency personnel relating to the 
enforcement described in paragraph (1); 
‘‘(3) publishing relevant educational materials 
that pertain directly or indirectly to the State grad-
uated driver licensing law; 
‘‘(4) carrying out other administrative activities 
that the Secretary considers relevant to the State’s 
2-stage licensing process; and 
‘‘(5) carrying out a teen traffic safety program 
described in section 402(m).’’. 
SEC. 31113. AGENCY ACCOUNTABILITY. 
Section 412 of title 23, United States Code, is 
amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) TRIENNIAL STATE MANAGEMENT REVIEWS.— 
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‘‘(1) IN GENERAL.—Except as provided under 
paragraph (2), the Secretary shall conduct a review 
of each State highway safety program at least once 
every 3 years. 
‘‘(2) EXCEPTIONS.—The Secretary may con-
duct reviews of the highway safety programs of the 
United States Virgin Islands, Guam, American 
Samoa, and the Commonwealth of the Northern 
Mariana Islands as often as the Secretary deter-
mines to be appropriate. 
‘‘(3) COMPONENTS.—Reviews under this sub-
section shall include— 
‘‘(A) a management evaluation of all grant 
programs funded under this chapter; 
‘‘(B) an assessment of State data collec-
tion and evaluation relating to performance 
measures established by the Secretary; 
‘‘(C) a comparison of State efforts under 
subparagraphs (A) and (B) to best practices 
and programs that have been evaluated for ef-
fectiveness; and 
‘‘(D) the development of recommendations 
on how each State could— 
‘‘(i) improve the management and 
oversight of its grant activities; and 
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‘‘(ii) provide a management and over-
sight plan for such grant programs.’’; and 
(2) by striking subsection (f). 
SEC. 31114. EMERGENCY MEDICAL SERVICES. 
Section 10202 of Public Law 109–59 (42 U.S.C. 
300d–4), is amended by adding at the end the following: 
‘‘(b) NATIONAL EMERGENCY MEDICAL SERVICES 
ADVISORY COUNCIL.— 
‘‘(1) 
ESTABLISHMENT.—The 
Secretary 
of 
Transportation, in coordination with the Secretary 
of Health and Human Services and the Secretary of 
Homeland Security, shall establish a National Emer-
gency Medical Services Advisory Council (referred to 
in this subsection as the ‘Advisory Council’). 
‘‘(2) MEMBERSHIP.—The Advisory Council 
shall be composed of 25 members, who— 
‘‘(A) shall be appointed by the Secretary of 
Transportation; and 
‘‘(B) shall collectively be representative of 
all sectors of the emergency medical services 
community. 
‘‘(3) PURPOSES.—The purposes of the Advisory 
Council are to advise and consult with— 
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‘‘(A) the Federal Interagency Committee 
on Emergency Medical Services on matters re-
lating to emergency medical services issues; and 
‘‘(B) the Secretary of Transportation on 
matters relating to emergency medical services 
issues affecting the Department of Transpor-
tation. 
‘‘(4) ADMINISTRATION.—The Administrator of 
the National Highway Traffic Safety Administration 
shall provide administrative support to the Advisory 
Council, including scheduling meetings, setting agen-
das, keeping minutes and records, and producing re-
ports. 
‘‘(5) LEADERSHIP.—The members of the Advi-
sory Council shall annually select a chairperson of 
the Council. 
‘‘(6) MEETINGS.—The Advisory Council shall 
meet as frequently as is determined necessary by the 
chairperson of the Council. 
‘‘(7) ANNUAL REPORTS.—The Advisory Council 
shall prepare an annual report to the Secretary of 
Transportation regarding the Council’s actions and 
recommendations.’’. 
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Subtitle B—Enhanced Safety 
Authorities 
SEC. 31201. DEFINITION OF MOTOR VEHICLE EQUIPMENT. 
Section 30102(a)(7)(C) of title 49, United States 
Code, is amended to read as follows: 
‘‘(C) any device or an article or apparel, 
including a motorcycle helmet and excluding 
medicine or eyeglasses prescribed by a licensed 
practitioner, that— 
‘‘(i) is not a system, part, or compo-
nent of a motor vehicle; and 
‘‘(ii) is manufactured, sold, delivered, 
or offered to be sold for use on public 
streets, roads, and highways with the ap-
parent purpose of safeguarding motor vehi-
cles and highway users against risk of acci-
dent, injury, or death.’’. 
SEC. 31202. PERMIT REMINDER SYSTEM FOR NON-USE OF 
SAFETY BELTS. 
(a) IN GENERAL.—Chapter 301 of title 49, United 
States Code, is amended— 
(1) in section 30122, by striking subsection (d); 
and 
(2) by amending section 30124 to read as fol-
lows: 
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‘‘§ 30124. Nonuse of safety belts 
‘‘A motor vehicle safety standard prescribed under 
this chapter may not require a manufacturer to comply 
with the standard by using a safety belt interlock designed 
to prevent starting or operating a motor vehicle if an occu-
pant is not using a safety belt.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 301 of title 49, United States Code, is amended 
by striking the item relating to section 30124 and insert-
ing the following: 
‘‘Sec. 30124. Nonuse of safety belts.’’. 
SEC. 31203. CIVIL PENALTIES. 
(a) IN GENERAL.—Section 30165 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘30123(d)’’ and insert-
ing ‘‘30123(a)’’; and 
(ii) by striking ‘‘$15,000,000’’ and in-
serting ‘‘$250,000,000’’; and 
(B) 
in 
paragraph 
(3), 
by 
striking 
‘‘$15,000,000’’ and inserting ‘‘$250,000,000’’; 
and 
(2) by amending subsection (c) to read as fol-
lows: 
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‘‘(c) RELEVANT FACTORS IN DETERMINING AMOUNT 
OF
PENALTY
OR
COMPROMISE.—In determining the 
amount of a civil penalty or compromise under this sec-
tion, the Secretary of Transportation shall consider the 
nature, circumstances, extent, and gravity of the violation. 
Such determination shall include, as appropriate— 
‘‘(1) the nature of the defect or noncompliance; 
‘‘(2) knowledge by the person charged of its ob-
ligation to recall or notify the public; 
‘‘(3) the severity of the risk of injury; 
‘‘(4) the occurrence or absence of injury; 
‘‘(5) the number of motor vehicles or items of 
motor vehicle equipment distributed with the defect 
or noncompliance; 
‘‘(6) the existence of an imminent hazard; 
‘‘(7) actions taken by the person charged to 
identify, investigate, or mitigate the condition; 
‘‘(8) the appropriateness of such penalty in re-
lation to the size of the business of the person 
charged, including the potential for undue adverse 
economic impacts; 
‘‘(9) whether the person has previously been as-
sessed civil penalties under this section during the 
most recent 5 years; and 
‘‘(10) other appropriate factors.’’. 
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(b) CIVIL PENALTY CRITERIA.—Not later than 1 
year after the date of the enactment of this Act, the Sec-
retary shall issue a final rule, in accordance with the pro-
cedures of section 553 of title 5, United States Code, 
which provides an interpretation of the penalty factors de-
scribed in section 30165(c) of title 49, United States 
Code. 
(c) CONSTRUCTION.—Nothing in this section may be 
construed as preventing the imposition of penalties under 
section 30165 of title 49, United States Code, before the 
issuance of a final rule under subsection (b). 
SEC. 31204. MOTOR VEHICLE SAFETY RESEARCH AND DE-
VELOPMENT. 
(a) IN GENERAL.—Chapter 301 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY 
RESEARCH AND DEVELOPMENT 
‘‘§ 30181. Policy 
‘‘The Secretary of Transportation shall conduct re-
search, development, and testing on any area or aspect 
of motor vehicle safety necessary to carry out this chapter. 
‘‘§ 30182. Powers and duties 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall— 
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‘‘(1) conduct motor vehicle safety research, de-
velopment, and testing programs and activities, in-
cluding new and emerging technologies that impact 
or may impact motor vehicle safety; 
‘‘(2) collect and analyze all types of motor vehi-
cle and highway safety data and related information 
to determine the relationship between motor vehicle 
or motor vehicle equipment performance characteris-
tics and— 
‘‘(A) accidents involving motor vehicles; 
and 
‘‘(B) deaths or personal injuries resulting 
from those accidents; 
‘‘(3) promote, support, and advance the edu-
cation and training of motor vehicle safety staff of 
the National Highway Traffic Safety Administra-
tion, including using program funds for— 
‘‘(A) planning, implementing, conducting, 
and presenting results of program activities; 
and 
‘‘(B) travel and related expenses; 
‘‘(4) obtain experimental and other motor vehi-
cles and motor vehicle equipment for research or 
testing; 
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‘‘(5)(A) use any test motor vehicles and motor 
vehicle equipment suitable for continued use, as de-
termined by the Secretary to assist in carrying out 
this chapter or any other chapter of this title; or 
‘‘(B) sell or otherwise dispose of test motor ve-
hicles and motor vehicle equipment and use the re-
sulting proceeds to carry out this chapter; 
‘‘(6) award grants to States and local govern-
ments, interstate authorities, and nonprofit institu-
tions; and 
‘‘(7) enter into cooperative agreements, collabo-
rative research, or contracts with Federal agencies, 
interstate authorities, State and local governments, 
other public entities, private organizations and per-
sons, nonprofit institutions, colleges and universities, 
consumer advocacy groups, corporations, partner-
ships, sole proprietorships, trade associations, Fed-
eral laboratories (including government-owned, gov-
ernment-operated 
laboratories 
and 
government- 
owned, contractor-operated laboratories), and foreign 
governments and research organizations. 
‘‘(b) USE OF PUBLIC AGENCIES.—In carrying out 
this subchapter, the Secretary shall avoid duplication by 
using the services, research, and testing facilities of public 
agencies, as appropriate. 
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‘‘(c) FACILITIES.—The Secretary may plan, design, 
and build a new facility or modify an existing facility to 
conduct research, development, and testing in traffic safe-
ty, highway safety, and motor vehicle safety. 
‘‘(d) AVAILABILITY OF INFORMATION, PATENTS, AND 
DEVELOPMENTS.—When the United States Government 
makes more than a minimal contribution to a research or 
development activity under this chapter, the Secretary 
shall include in the arrangement for the activity a provi-
sion to ensure that all information, patents, and develop-
ments related to the activity are available to the public 
without charge. The owner of a background patent may 
not be deprived of a right under the patent. 
‘‘§ 30183. Prohibition on certain disclosures. 
‘‘Any report of the National Highway Traffic Safety 
Administration, or of any officer, employee, or contractor 
of the National Highway Traffic Safety Administration, 
relating to any highway traffic accident or the investiga-
tion of such accident conducted pursuant to this chapter 
or section 403 of title 23, shall be made available to the 
public in a manner that does not identify individuals.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) AMENDMENT OF CHAPTER ANALYSIS.—The 
chapter analysis for chapter 301 of title 49, United 
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States Code, is amended by adding at the end the 
following: 
‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT 
‘‘30181. Policy. 
‘‘30182. Powers and duties. 
‘‘30183. Prohibition on certain disclosures.’’. 
(2) DELETION
OF
REDUNDANT
MATERIAL.— 
Chapter 301 of title 49, United States Code, is 
amended— 
(A) in the chapter analysis, by striking the 
item relating to section 30168; and 
(B) by striking section 30168. 
SEC. 31205. ODOMETER REQUIREMENTS. 
(a) DEFINITION.—Section 32702(5) of title 49, 
United States Code, is amended by inserting ‘‘or system 
of components’’ after ‘‘instrument’’. 
(b) ELECTRONIC DISCLOSURES OF ODOMETER IN-
FORMATION.—Section 32705 of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘(g) ELECTRONIC DISCLOSURES.—Not later than 18 
months after the date of enactment of the Motor Vehicle 
and Highway Safety Improvement Act of 2012, in car-
rying out this section, the Secretary shall prescribe regula-
tions permitting any written disclosures or notices and re-
lated matters to be provided electronically.’’. 
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SEC. 31206. INCREASED PENALTIES AND DAMAGES FOR 
ODOMETER FRAUD. 
Chapter 327 of title 49, United States Code, is 
amended— 
(1) in section 32709(a)(1)— 
(A) by striking ‘‘$2,000’’ and inserting 
‘‘$10,000’’; and 
(B) by striking ‘‘$100,000’’ and inserting 
‘‘$1,000,000’’; and 
(2) in section 32710(a), by striking ‘‘$1,500’’ 
and inserting ‘‘$10,000’’. 
SEC. 31207. EXTEND PROHIBITIONS ON IMPORTING NON-
COMPLIANT VEHICLES AND EQUIPMENT TO 
DEFECTIVE VEHICLES AND EQUIPMENT. 
Section 30112 of title 49, United States Code, is 
amended— 
(1) in subsection (a), by adding at the end the 
following: 
‘‘(3) Except as provided in this section, section 
30114, subsections (i) and (j) of section 30120, and sub-
chapter III, a person may not sell, offer for sale, introduce 
or deliver for introduction in interstate commerce, or im-
port into the United States any motor vehicle or motor 
vehicle equipment if the vehicle or equipment contains a 
defect related to motor vehicle safety about which notice 
was given under section 30118(c) or an order was issued 
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under section 30118(b). Nothing in this paragraph may 
be construed to prohibit the importation of a new motor 
vehicle that receives a required recall remedy before being 
sold to a consumer in the United States.’’; and 
(2) in subsection (b)(2)— 
(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (B), by adding ‘‘or’’ 
at the end; and 
(C) by adding at the end the following: 
‘‘(C) having no reason to know, despite ex-
ercising reasonable care, that a motor vehicle or 
motor vehicle equipment contains a defect re-
lated to motor vehicle safety about which notice 
was given under section 30118(c) or an order 
was issued under section 30118(b);’’. 
SEC. 31208. FINANCIAL RESPONSIBILITY REQUIREMENTS 
FOR IMPORTERS. 
Chapter 301 of title 49, United States Code, is 
amended— 
(1) in the chapter analysis, by striking the item 
relating to subchapter III and inserting the fol-
lowing: 
‘‘SUBCHAPTER III—IMPORTING MOTOR VEHICLES AND EQUIPMENT’’; 
(2) in the heading for subchapter III, by strik-
ing ‘‘NONCOMPLYING’’; and 
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(3) in section 30147, by amending subsection 
(b) to read as follows: 
‘‘(b) FINANCIAL RESPONSIBILITY REQUIREMENT.— 
‘‘(1) RULEMAKING.—The Secretary of Trans-
portation may issue regulations requiring each per-
son that imports a motor vehicle or motor vehicle 
equipment into the customs territory of the United 
States, including a registered importer (or any suc-
cessor in interest), provide and maintain evidence, 
satisfactory to the Secretary, of sufficient financial 
responsibility to meet its obligations under section 
30117(b), sections 30118 through 30121, and sec-
tion 30166(f). In making a determination of suffi-
cient financial responsibility under this Rule, the 
Secretary, to avoid duplicative requirements, shall 
first, to the extent practicable, rely on existing re-
porting and recordkeeping requirements and other 
information available to the Secretary, and shall co-
ordinate with other Federal agencies, including the 
Securities and Exchange Commission, to access in-
formation collected and made publicly available 
under existing reporting and recordkeeping require-
ments. 
‘‘(2) REFUSAL
OF
ADMISSION.—If the Sec-
retary of Transportation believes that a person de-
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scribed in paragraph (1) has not provided and main-
tained evidence of sufficient financial responsibility 
to meet the obligations referred to in paragraph (1), 
the Secretary of Homeland Security shall first offer 
the person an opportunity to remedy the deficiency 
within 30 days, and if not remedied thereafter may 
refuse the admission into the customs territory of 
the United States of any motor vehicle or motor ve-
hicle equipment imported by the person. 
‘‘(3) EXCEPTION.—This subsection shall not 
apply to original manufacturers (or wholly owned 
subsidiaries) of motor vehicles that, prior to the date 
of enactment of the Motor Vehicle and Highway 
Safety Improvement Act of 2012— 
‘‘(A) have imported motor vehicles into the 
United States that are certified to comply with 
all applicable Federal motor vehicle safety 
standards; 
‘‘(B) have submitted to the Secretary ap-
propriate manufacturer identification informa-
tion under part 566 of title 49, Code of Federal 
Regulations; and 
‘‘(C) if applicable, have identified a current 
agent for service of process in accordance with 
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part 551 of title 49, Code of Federal Regula-
tions.’’. 
SEC. 31209. CONDITIONS ON IMPORTATION OF VEHICLES 
AND EQUIPMENT. 
Chapter 301 of title 49, United States Code, is 
amended— 
(1) in the chapter analysis, by striking the item 
relating to section 30164 and inserting the fol-
lowing: 
‘‘30164. Service of process; conditions on importation of vehicles and equip-
ment.’’; 
and 
(2) in section 30164— 
(A) in the section heading, by adding ‘‘; 
CONDITIONS
ON
IMPORTATION
OF
VEHI-
CLES AND EQUIPMENT’’ at the end; and 
(B) by adding at the end the following: 
‘‘(c) IDENTIFYING INFORMATION.—A manufacturer 
(including an importer) offering a motor vehicle or motor 
vehicle equipment for import shall provide such informa-
tion as the Secretary may, by rule, request including— 
‘‘(1) the product by name and the manufactur-
er’s address; and 
‘‘(2) each retailer or distributor to which the 
manufacturer directly supplied motor vehicles or 
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motor vehicle equipment over which the Secretary 
has jurisdiction under this chapter. 
‘‘(d) RULEMAKING.—In issuing a rulemaking, the 
Secretary shall seek to reduce duplicative requirements by 
coordinating with Department of Homeland Security. The 
Secretary may issue regulations that— 
‘‘(1) condition the import of a motor vehicle or 
motor vehicle equipment on the manufacturer’s com-
pliance with— 
‘‘(A) the requirements under this section; 
‘‘(B) any rules issued with respect to such 
requirements; or 
‘‘(C) any other requirements under this 
chapter or rules issued with respect to such re-
quirements; 
‘‘(2) provide an opportunity for the manufac-
turer to present information before the Secretary’s 
determination as to whether the manufacturer’s im-
ports should be restricted; and 
‘‘(3) establish a process by which a manufac-
turer may petition for reinstatement of its ability to 
import motor vehicles or motor vehicle equipment. 
‘‘(e) EXCEPTION.—The requirements of subsections 
(c) and (d) shall not apply to original manufacturers (or 
wholly owned subsidiaries) of motor vehicles that, prior to 
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the date of enactment of the Motor Vehicle and Highway 
Safety Improvement Act of 2012— 
‘‘(1) have imported motor vehicles into the 
United States that are certified to comply with all 
applicable Federal motor vehicle safety standards, 
‘‘(2) have submitted to the Secretary appro-
priate manufacturer identification information under 
part 566 of title 49, Code of Federal Regulations; 
and 
‘‘(3) if applicable, have identified a current 
agent for service of process in accordance with part 
551 of title 49, Code of Federal Regulations.’’. 
SEC. 31210. PORT INSPECTIONS; SAMPLES FOR EXAMINA-
TION OR TESTING. 
Section 30166(c) of title 49, United States Code, is 
amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3)— 
(A) in subparagraph (A), by inserting ‘‘(in-
cluding at United States ports of entry)’’ after 
‘‘held for introduction in interstate commerce’’; 
and 
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(B) in subparagraph (D), by striking the 
period at the end and inserting a semicolon; 
and 
(3) by adding at the end the following: 
‘‘(4) shall enter into a memorandum of under-
standing with the Secretary of Homeland Security 
for inspections and sampling of motor vehicle equip-
ment being offered for import to determine compli-
ance with this chapter or a regulation or order 
issued under this chapter.’’. 
Subtitle C—Transparency and 
Accountability 
SEC. 31301. IMPROVED NATIONAL HIGHWAY TRAFFIC SAFE-
TY ADMINISTRATION VEHICLE SAFETY DATA-
BASE. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall improve 
public accessibility to information on the National High-
way Traffic Safety Administration’s publicly accessible ve-
hicle safety databases by— 
(1) improving organization and functionality, 
including modern web design features, and allowing 
for 
data 
to 
be 
searched, 
aggregated, 
and 
downloaded; 
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(2) providing greater consistency in presen-
tation of vehicle safety issues; and 
(3) improving searchability about specific vehi-
cles and issues through standardization of commonly 
used search terms. 
(b) VEHICLE RECALL INFORMATION.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall require that motor vehicle safety recall infor-
mation— 
(A) is available to the public on the Inter-
net; 
(B) is searchable by vehicle make and 
model and vehicle identification number; 
(C) is in a format that preserves consumer 
privacy; and 
(D) includes information about each recall 
that has not been completed for each vehicle. 
(2) RULEMAKING.—The Secretary may initiate 
a rulemaking proceeding to require each manufac-
turer to provide the information described in para-
graph (1), with respect to that manufacturer’s motor 
vehicles, at no cost on a publicly accessible Internet 
website. 
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(3) DATABASE AWARENESS PROMOTION ACTIVI-
TIES.—The Secretary, in consultation with the heads 
of other relevant agencies, shall promote consumer 
awareness of the information made available to the 
public pursuant to this subsection. 
SEC. 31302. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS-
TRATION 
HOTLINE 
FOR 
MANUFACTURER, 
DEALER, AND MECHANIC PERSONNEL. 
The Secretary shall— 
(1) establish a means by which mechanics, pas-
senger motor vehicle dealership personnel, and pas-
senger motor vehicle manufacturer personnel may 
directly and confidentially contact the National 
Highway Traffic Safety Administration to report po-
tential passenger motor vehicle safety defects; and 
(2) publicize the means for contacting the Na-
tional Highway Traffic Safety Administration in a 
manner that targets mechanics, passenger motor ve-
hicle dealership personnel, and manufacturer per-
sonnel. 
SEC. 31303. CONSUMER NOTICE OF SOFTWARE UPDATES 
AND OTHER COMMUNICATIONS WITH DEAL-
ERS. 
(a) INTERNET ACCESSIBILITY.—Section 30166(f) of 
title 49, United States Code, is amended— 
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(1) by striking ‘‘A manufacturer shall give the 
Secretary of Transportation’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—A manufacturer shall give 
the Secretary of Transportation, and make available 
on a publicly accessible Internet website,’’; and 
(2) by adding at the end the following: 
‘‘(2) NOTICES.—Communications required to be 
submitted to the Secretary and made available on a 
publicly accessible Internet website under this sub-
section shall include all notices to dealerships of 
software upgrades and modifications recommended 
by a manufacturer for all previously sold vehicles. 
Notice is required even if the software upgrade or 
modification is not related to a safety defect or non-
compliance with a motor vehicle safety standard. 
The notice shall include a plain language description 
of the purpose of the update and that description 
shall be prominently placed at the beginning of the 
notice. 
‘‘(3) INDEX.—Communications required to be 
submitted to the Secretary under this subsection 
shall be accompanied by an index to each commu-
nication, which— 
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‘‘(A) identifies the make, model, and model 
year of the affected vehicles; 
‘‘(B) includes a concise summary of the 
subject matter of the communication; and 
‘‘(C) shall be made available by the Sec-
retary to the public on the Internet in a search-
able format.’’. 
SEC. 31304. PUBLIC AVAILABILITY OF EARLY WARNING 
DATA. 
Section 30166(m) of title 49, United States Code, is 
amended in paragraph (4), by amending subparagraph (C) 
to read as follows: 
‘‘(C) DISCLOSURE.— 
‘‘(i) IN
GENERAL.—The information 
provided to the Secretary pursuant to this 
subsection shall be disclosed publicly unless 
exempt from disclosure under section 
552(b) of title 5. 
‘‘(ii) 
PRESUMPTION.—In 
admin-
istering this subparagraph, the Secretary 
shall presume in favor of maximum public 
availability of information.’’. 
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SEC. 31305. CORPORATE RESPONSIBILITY FOR NATIONAL 
HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
REPORTS. 
(a) IN GENERAL.—Section 30166 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(o) CORPORATE RESPONSIBILITY FOR REPORTS.— 
‘‘(1) IN GENERAL.—The Secretary shall require 
a senior official responsible for safety in each com-
pany submitting information to the Secretary in re-
sponse to a request for information in a safety de-
fect or compliance investigation under this chapter 
to certify that— 
‘‘(A) the signing official has reviewed the 
submission; and 
‘‘(B) based on the official’s knowledge, the 
submission does not— 
‘‘(i) contain any untrue statement of a 
material fact; or 
‘‘(ii) omit to state a material fact nec-
essary in order to make the statements 
made not misleading, in light of the cir-
cumstances under which such statements 
were made. 
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‘‘(2) NOTICE.—The certification requirements 
of this section shall be clearly stated on any request 
for information under paragraph (1).’’. 
(b) CIVIL PENALTY.—Section 30165(a) of title 49, 
United States Code, is amended— 
(1) in paragraph (3), by striking ‘‘A person’’ 
and inserting ‘‘Except as provided in paragraph (4), 
a person’’; and 
(2) by adding at the end the following: 
‘‘(4) FALSE, MISLEADING, OR INCOMPLETE RE-
PORTS.—A person who knowingly and willfully sub-
mits materially false, misleading, or incomplete in-
formation to the Secretary, after certifying the same 
information as accurate and complete under the cer-
tification process established pursuant to section 
30166(o), shall be subject to a civil penalty of not 
more than $5,000 per day. The maximum penalty 
under this paragraph for a related series of daily 
violations is $5,000,000.’’. 
SEC. 31306. PASSENGER MOTOR VEHICLE INFORMATION 
PROGRAM. 
(a) DEFINITION.—Section 32301 of title 49, United 
States Code, is amended— 
(1) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively; 
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(2) by inserting before paragraph (2), as redes-
ignated, the following: 
‘‘(1) ‘crash avoidance’ means preventing or 
mitigating a crash;’’; and 
(3) in paragraph (2), as redesignated, by strik-
ing the period at the end and inserting ‘‘; and’’. 
(b) INFORMATION INCLUDED.—Section 32302(a) of 
title 49, United States Code, is amended— 
(1) in paragraph (2), by inserting ‘‘, crash 
avoidance, and any other areas the Secretary deter-
mines will improve the safety of passenger motor ve-
hicles’’ after ‘‘crashworthiness’’; and 
(2) by striking paragraph (4). 
SEC. 31307. PROMOTION OF VEHICLE DEFECT REPORTING. 
Section 32302 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(d) MOTOR VEHICLE DEFECT REPORTING INFOR-
MATION.— 
‘‘(1) RULEMAKING REQUIRED.—Not later than 
1 year after the date of the enactment of the Motor 
Vehicle and Highway Safety Improvement Act of 
2012, the Secretary shall prescribe regulations that 
require passenger motor vehicle manufacturers— 
‘‘(A) to affix, in the glove compartment or 
in another readily accessible location on the ve-
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hicle, a sticker, decal, or other device that pro-
vides, in simple and understandable language, 
information about how to submit a safety-re-
lated motor vehicle defect complaint to the Na-
tional Highway Traffic Safety Administration; 
‘‘(B) to prominently print the information 
described in subparagraph (A) on a separate 
page within the owner’s manual; and 
‘‘(C) to not place such information on the 
label required under section 3 of the Auto-
mobile Information Disclosure Act (15 U.S.C. 
1232). 
‘‘(2) APPLICATION.—The requirements under 
paragraph (1) shall apply to passenger motor vehi-
cles manufactured in any model year beginning more 
than 1 year after the date on which a final rule is 
published under paragraph (1).’’. 
SEC. 31308. WHISTLEBLOWER PROTECTIONS FOR MOTOR 
VEHICLE 
MANUFACTURERS, 
PART 
SUP-
PLIERS, AND DEALERSHIP EMPLOYEES. 
(a) IN GENERAL.—Subchapter IV of chapter 301 of 
title 49, United States Code, is amended by adding at the 
end the following: 
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‘‘§ 30171. Protection of employees providing motor ve-
hicle safety information 
‘‘(a) DISCRIMINATION
AGAINST
EMPLOYEES
OF 
MANUFACTURERS, PART
SUPPLIERS, 
AND
DEALER-
SHIPS.—No motor vehicle manufacturer, part supplier, or 
dealership may discharge an employee or otherwise dis-
criminate against an employee with respect to compensa-
tion, terms, conditions, or privileges of employment be-
cause the employee (or any person acting pursuant to a 
request of the employee)— 
‘‘(1) provided, caused to be provided, or is 
about to provide (with any knowledge of the em-
ployer) or cause to be provided to the employer or 
the Secretary of Transportation information relating 
to any motor vehicle defect, noncompliance, or any 
violation or alleged violation of any notification or 
reporting requirement of this chapter; 
‘‘(2) has filed, caused to be filed, or is about to 
file (with any knowledge of the employer) or cause 
to be filed a proceeding relating to any violation or 
alleged violation of any motor vehicle defect, non-
compliance, or any violation or alleged violation of 
any notification or reporting requirement of this 
chapter; 
‘‘(3) testified or is about to testify in such a 
proceeding; 
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‘‘(4) assisted or participated or is about to as-
sist or participate in such a proceeding; or 
‘‘(5) objected to, or refused to participate in, 
any activity that the employee reasonably believed to 
be in violation of any provision of any Act enforced 
by the Secretary of Transportation, or any order, 
rule, regulation, standard, or ban under any such 
Act. 
‘‘(b) COMPLAINT PROCEDURE.— 
‘‘(1) FILING
AND
NOTIFICATION.—A person 
who believes that he or she has been discharged or 
otherwise discriminated against by any person in 
violation of subsection (a) may, not later than 180 
days after the date on which such violation occurs, 
file (or have any person file on his or her behalf) a 
complaint with the Secretary of Labor (hereinafter 
in this section referred to as the ‘Secretary’) alleging 
such discharge or discrimination. Upon receipt of 
such a complaint, the Secretary shall notify, in writ-
ing, the person named in the complaint of the filing 
of the complaint, of the allegations contained in the 
complaint, of the substance of evidence supporting 
the complaint, and of the opportunities that will be 
afforded to such person under paragraph (2). 
‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— 
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‘‘(A) IN
GENERAL.—Not later than 60 
days after the date of receipt of a complaint 
filed under paragraph (1) and after affording 
the person named in the complaint an oppor-
tunity to submit to the Secretary a written re-
sponse to the complaint and an opportunity to 
meet with a representative of the Secretary to 
present statements from witnesses, the Sec-
retary shall conduct an investigation and deter-
mine whether there is reasonable cause to be-
lieve that the complaint has merit and notify, in 
writing, the complainant and the person alleged 
to have committed a violation of subsection (a) 
of the Secretary’s findings. If the Secretary 
concludes that there is a reasonable cause to 
believe that a violation of subsection (a) has oc-
curred, the Secretary shall accompany the Sec-
retary’s findings with a preliminary order pro-
viding the relief prescribed by paragraph 
(3)(B). Not later than 30 days after the date 
of notification of findings under this paragraph, 
either the person alleged to have committed the 
violation or the complainant may file objections 
to the findings or preliminary order, or both, 
and request a hearing on the record. The filing 
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of such objections shall not operate to stay any 
reinstatement remedy contained in the prelimi-
nary order. Such hearings shall be conducted 
expeditiously. If a hearing is not requested in 
such 30-day period, the preliminary order shall 
be deemed a final order that is not subject to 
judicial review. 
‘‘(B) REQUIREMENTS.— 
‘‘(i) REQUIRED
SHOWING
BY
COM-
PLAINANT.—The Secretary shall dismiss a 
complaint filed under this subsection and 
shall not conduct an investigation other-
wise required under subparagraph (A) un-
less the complainant makes a prima facie 
showing that any behavior described in 
paragraphs (1) through (5) of subsection 
(a) was a contributing factor in the unfa-
vorable personnel action alleged in the 
complaint. 
‘‘(ii) SHOWING BY EMPLOYER.—Not-
withstanding a finding by the Secretary 
that the complainant has made the show-
ing required under clause (i), no investiga-
tion otherwise required under subpara-
graph (A) shall be conducted if the em-
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ployer demonstrates, by clear and con-
vincing evidence, that the employer would 
have taken the same unfavorable personnel 
action in the absence of that behavior. 
‘‘(iii) CRITERIA FOR DETERMINATION 
BY SECRETARY.—The Secretary may de-
termine that a violation of subsection (a) 
has occurred only if the complainant dem-
onstrates that any behavior described in 
paragraphs (1) through (5) of subsection 
(a) was a contributing factor in the unfa-
vorable personnel action alleged in the 
complaint. 
‘‘(iv) PROHIBITION.—Relief may not 
be ordered under subparagraph (A) if the 
employer demonstrates, by clear and con-
vincing evidence, that the employer would 
have taken the same unfavorable personnel 
action in the absence of that behavior. 
‘‘(3) FINAL ORDER.— 
‘‘(A) DEADLINE FOR ISSUANCE; SETTLE-
MENT AGREEMENTS.—Not later than 120 days 
after the date of conclusion of a hearing under 
paragraph (2), the Secretary shall issue a final 
order providing the relief prescribed by this 
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paragraph or denying the complaint. At any 
time before issuance of a final order, a pro-
ceeding under this subsection may be termi-
nated on the basis of a settlement agreement 
entered into by the Secretary, the complainant, 
and the person alleged to have committed the 
violation. 
‘‘(B) REMEDY.—If, in response to a com-
plaint filed under paragraph (1), the Secretary 
determines that a violation of subsection (a) 
has occurred, the Secretary shall order the per-
son who committed such violation— 
‘‘(i) to take affirmative action to 
abate the violation; 
‘‘(ii) to reinstate the complainant to 
his or her former position together with 
the compensation (including back pay) and 
restore the terms, conditions, and privi-
leges associated with his or her employ-
ment; and 
‘‘(iii) to provide compensatory dam-
ages to the complainant. 
‘‘(C) ATTORNEYS’ FEES.—If such an order 
is issued under this paragraph, the Secretary, 
at the request of the complainant, shall assess 
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against the person against whom the order is 
issued a sum equal to the aggregate amount of 
all costs and expenses (including attorneys’ and 
expert witness fees) reasonably incurred, as de-
termined by the Secretary, by the complainant 
for, or in connection with, bringing the com-
plaint upon which the order was issued. 
‘‘(D) FRIVOLOUS
COMPLAINTS.—If the 
Secretary determines that a complaint under 
paragraph (1) is frivolous or has been brought 
in bad faith, the Secretary may award to the 
prevailing employer a reasonable attorney’s fee 
not exceeding $1,000. 
‘‘(E) DE NOVO REVIEW.—With respect to 
a complaint under paragraph (1), if the Sec-
retary of Labor has not issued a final decision 
within 210 days after the filing of the com-
plaint and if the delay is not due to the bad 
faith of the employee, the employee may bring 
an original action at law or equity for de novo 
review in the appropriate district court of the 
United States, which shall have jurisdiction 
over such an action without regard to the 
amount in controversy, and which action shall, 
at the request of either party to the action, be 
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tried by the court with a jury. The action shall 
be governed by the same legal burdens of proof 
specified in paragraph (2)(B) for review by the 
Secretary of Labor. 
‘‘(4) REVIEW.— 
‘‘(A) APPEAL TO COURT OF APPEALS.— 
Any person adversely affected or aggrieved by 
an order issued under paragraph (3) may ob-
tain review of the order in the United States 
Court of Appeals for the circuit in which the 
violation, with respect to which the order was 
issued, allegedly occurred or the circuit in which 
the complainant resided on the date of such vio-
lation. The petition for review shall be filed not 
later than 60 days after the date of the 
issuance of the final order of the Secretary. Re-
view shall conform to chapter 7 of title 5. The 
commencement of proceedings under this sub-
paragraph shall not, unless ordered by the 
court, operate as a stay of the order. 
‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order of the Secretary with respect 
to which review could have been obtained under 
subparagraph (A) shall not be subject to judi-
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cial review in any criminal or other civil pro-
ceeding. 
‘‘(5) ENFORCEMENT
OF
ORDER
BY
SEC-
RETARY.—Whenever any person fails to comply with 
an order issued under paragraph (3), the Secretary 
may file a civil action in the United States district 
court for the district in which the violation was 
found to occur to enforce such order. In actions 
brought under this paragraph, the district courts 
shall have jurisdiction to grant all appropriate relief, 
including injunctive relief and compensatory dam-
ages. 
‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— 
‘‘(A) COMMENCEMENT OF ACTION.—A per-
son on whose behalf an order was issued under 
paragraph (3) may commence a civil action 
against the person to whom such order was 
issued to require compliance with such order. 
The appropriate United States district court 
shall have jurisdiction, without regard to the 
amount in controversy or the citizenship of the 
parties, to enforce such order. 
‘‘(B) ATTORNEY
FEES.—The court, in 
issuing any final order under this paragraph, 
may award costs of litigation (including reason-
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1049 
able attorney and expert witness fees) to any 
party whenever the court determines such 
award is appropriate. 
‘‘(c) MANDAMUS.—Any nondiscretionary duty im-
posed under this section shall be enforceable in a man-
damus proceeding brought under section 1361 of title 28. 
‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA-
TIONS.—Subsection (a) shall not apply with respect to an 
employee of a motor vehicle manufacturer, part supplier, 
or dealership who, acting without direction from such 
motor vehicle manufacturer, part supplier, or dealership 
(or such person’s agent), deliberately causes a violation 
of any requirement relating to motor vehicle safety under 
this chapter.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 301 of title 49, United States Code, is 
amended by inserting after the item relating to section 
30170 the following: 
‘‘30171. Protection of employees providing motor vehicle safety information.’’. 
SEC. 31309. ANTI-REVOLVING DOOR. 
(a) AMENDMENT.—Subchapter I of chapter 301 of 
title 49, United States Code, is amended by adding at the 
end the following: 
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‘‘§ 30107. Restriction on covered motor vehicle safety 
officials 
‘‘(a) IN GENERAL.—During the 2-year period after 
the termination of his or her service or employment, a cov-
ered vehicle safety official may not knowingly make, with 
the intent to influence, any communication to or appear-
ance before any officer or employee of the National High-
way Traffic Safety Administration on behalf of any manu-
facturer subject to regulation under this chapter in con-
nection with any matter involving motor vehicle safety on 
which such person seeks official action by any officer or 
employee of the National Highway Traffic Safety Admin-
istration. 
‘‘(b) MANUFACTURERS.—It is unlawful for any man-
ufacturer or other person subject to regulation under this 
chapter to employ or contract for the services of an indi-
vidual to whom subsection (a) applies during the 2-year 
period commencing on the individual’s termination of em-
ployment with the National Highway Traffic Safety Ad-
ministration in a capacity in which the individual is pro-
hibited from serving during that period. 
‘‘(c) SPECIAL RULE FOR DETAILEES.—For purposes 
of this section, a person who is detailed from 1 depart-
ment, agency, or other entity to another department, 
agency, or other entity shall, during the period such per-
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son is detailed, be deemed to be an officer or employee 
of both departments, agencies, or such entities. 
‘‘(d) SAVINGS PROVISION.—Nothing in this section 
may be construed to expand, contract, or otherwise affect 
the application of any waiver or criminal penalties under 
section 207 of title 18. 
‘‘(e) EXCEPTION FOR TESTIMONY.—Nothing in this 
section may be construed to prevent an individual from 
giving testimony under oath, or from making statements 
required to be made under penalty of perjury. 
‘‘(f) DEFINED TERM.—In this section, the term ‘cov-
ered vehicle safety official’ means any officer or employee 
of the National Highway Traffic Safety Administration— 
‘‘(1) who, during the final 12 months of his or 
her service or employment with the agency, serves or 
served in a technical or legal capacity, and whose job 
responsibilities include or included vehicle safety de-
fect investigation, vehicle safety compliance, vehicle 
safety rulemaking, or vehicle safety research; and 
‘‘(2) who serves in a supervisory or manage-
ment capacity over an officer or employee described 
in paragraph (1). 
‘‘(g) EFFECTIVE DATE.—This section shall apply to 
covered vehicle safety officials who terminate service or 
employment with the National Highway Traffic Safety 
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Administration after the date of enactment of the Motor 
Vehicle and Highway Safety Improvement Act of 2012.’’. 
(b) CIVIL PENALTY.—Section 30165(a) of title 49, 
United States Code, as amended by this subtitle, is further 
amended by adding at the end the following: 
‘‘(5) IMPROPER
INFLUENCE.—An individual 
who violates section 30107(a) is liable to the United 
States Government for a civil penalty, as determined 
under section 216(b) of title 18, for an offense 
under section 207 of that title. A manufacturer or 
other person subject to regulation under this chapter 
who violates section 30107(b) is liable to the United 
States Government for a civil penalty equal to the 
sum of— 
‘‘(A) an amount equal to not less than 
$100,000; and 
‘‘(B) an amount equal to 90 percent of the 
annual compensation or fee paid or payable to 
the individual with respect to whom the viola-
tion occurred.’’. 
(c) STUDY OF DEPARTMENT OF TRANSPORTATION 
POLICIES ON OFFICIAL COMMUNICATION WITH FORMER 
MOTOR VEHICLE SAFETY ISSUE EMPLOYEES.—Not later 
than 1 year after the date of the enactment of this Act, 
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the Inspector General of the Department of Transpor-
tation shall— 
(1) review the Department of Transportation’s 
policies and procedures applicable to official commu-
nication with former employees concerning motor ve-
hicle safety compliance matters for which they had 
responsibility during the last 12 months of their ten-
ure at the Department, including any limitations on 
the ability of such employees to submit comments, or 
otherwise communicate directly with the Depart-
ment, on motor vehicle safety issues; and 
(2) submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate 
and the Committee on Energy and Commerce of the 
House of Representatives that contains the Inspec-
tor 
General’s 
findings, 
conclusions, 
and 
rec-
ommendations for strengthening those policies and 
procedures to minimize the risk of undue influence 
without compromising the ability of the Department 
to employ and retain highly qualified individuals for 
such responsibilities. 
(d) POST-EMPLOYMENT POLICY STUDY.— 
(1) IN
GENERAL.—The Inspector General of 
the Department of Transportation shall conduct a 
study of the Department’s policies relating to post- 
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employment restrictions on employees who perform 
functions related to transportation safety. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Inspector General 
shall submit a report containing the results of the 
study conducted under paragraph (1) to— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(B) the Committee on Energy and Com-
merce of the House of Representatives; and 
(C) the Secretary of Transportation. 
(3) USE
OF
RESULTS.—The Secretary of 
Transportation shall review the results of the study 
conducted under paragraph (1) and take whatever 
action the Secretary determines to be appropriate. 
(e) CONFORMING AMENDMENT.—The table of con-
tents for chapter 301 of title 49, United States Code, is 
amended by inserting after the item relating to section 
30106 the following: 
‘‘30107. Restriction on covered motor vehicle safety officials.’’. 
SEC. 31310. STUDY OF CRASH DATA COLLECTION. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall submit 
a report to the Committee on Commerce, Science, and 
Transportation of the Senate the Committee on Energy 
and Commerce of the House of Representatives regarding 
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the quality of data collected through the National Auto-
motive Sampling System, including the Special Crash In-
vestigations Program. 
(b) REVIEW.—The Administrator of the National 
Highway Traffic Safety Administration (referred to in this 
section as the ‘‘Administration’’) shall conduct a com-
prehensive review of the data elements collected from each 
crash to determine if additional data should be collected. 
The review under this subsection shall include input from 
interested parties, including suppliers, automakers, safety 
advocates, the medical community, and research organiza-
tions. 
(c) CONTENTS.—The report issued under this section 
shall include— 
(1) the analysis and conclusions the Adminis-
tration can reach from the amount of motor vehicle 
crash data collected in a given year; 
(2) the additional analysis and conclusions the 
Administration could reach if more crash investiga-
tions were conducted each year; 
(3) the number of investigations per year that 
would allow for optimal data analysis and crash in-
formation; 
(4) the results of the comprehensive review con-
ducted pursuant to subsection (b); 
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(5) recommendations for improvements to the 
Administration’s data collection program; and 
(6) the resources needed by the Administration 
to implement such recommendations. 
SEC. 31311. UPDATE MEANS OF PROVIDING NOTIFICATION; 
IMPROVING EFFICACY OF RECALLS. 
(a) UPDATE OF MEANS OF PROVIDING NOTIFICA-
TION.—Section 30119(d) of title 49, United States Code, 
is amended— 
(1) by striking, in paragraph (1), ‘‘by first class 
mail’’ and inserting ‘‘in the manner prescribed by 
the Secretary, by regulation’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘(except a tire) shall be 
sent by first class mail’’ and inserting ‘‘shall be 
sent in the manner prescribed by the Secretary, 
by regulation,’’; and 
(B) by striking the second sentence; 
(3) in paragraph (3)— 
(A) by striking the first sentence; 
(B) by inserting ‘‘to the notification re-
quired under paragraphs (1) and (2)’’ after 
‘‘addition’’; and 
(C) by inserting ‘‘by the manufacturer’’ 
after ‘‘given’’; and 
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(4) in paragraph (4), by striking ‘‘by certified 
mail or quicker means if available’’ and inserting ‘‘in 
the manner prescribed by the Secretary, by regula-
tion’’. 
(b) IMPROVING EFFICACY
OF RECALLS.—Section 
30119(e) of title 49, United States Code, is amended— 
(1) in the subsection heading, by striking ‘‘SEC-
OND’’ and inserting ‘‘ADDITIONAL’’; 
(2) by striking ‘‘If the Secretary’’ and inserting 
the following: 
‘‘(1) SECOND
NOTIFICATION.—If the Sec-
retary’’; and 
(3) by adding at the end the following: 
‘‘(2) ADDITIONAL NOTIFICATIONS.—If the Sec-
retary determines, after considering the severity of 
the defect or noncompliance, that the second notifi-
cation by a manufacturer does not result in an ade-
quate number of motor vehicles or items of replace-
ment equipment being returned for remedy, the Sec-
retary may order the manufacturer— 
‘‘(A) to send additional notifications in the 
manner prescribed by the Secretary, by regula-
tion; 
‘‘(B) to take additional steps to locate and 
notify each person registered under State law 
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as the owner or lessee or the most recent pur-
chaser or lessee, as appropriate; and 
‘‘(C) to emphasize the magnitude of the 
safety risk caused by the defect or noncompli-
ance in such notification.’’. 
SEC. 31312. EXPANDING CHOICES OF REMEDY AVAILABLE 
TO 
MANUFACTURERS 
OF 
REPLACEMENT 
EQUIPMENT. 
Section 30120 of title 49, United States Code, is 
amended— 
(1) in subsection (a)(1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) if replacement equipment, by repair-
ing the equipment, replacing the equipment 
with identical or reasonably equivalent equip-
ment, or by refunding the purchase price.’’; 
(2) in the heading of subsection (i), by adding 
‘‘OF NEW VEHICLES OR EQUIPMENT’’ at the end; 
and 
(3) in the heading of subsection (j), by striking 
‘‘REPLACED’’ and inserting ‘‘REPLACEMENT’’. 
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SEC. 31313. RECALL OBLIGATIONS AND BANKRUPTCY OF 
MANUFACTURER. 
(a) IN GENERAL.—Chapter 301 of title 49, United 
States Code, is amended by inserting the following after 
section 30120: 
‘‘§ 30120A. Recall obligations and bankruptcy of a 
manufacturer 
‘‘A manufacturer’s filing of a petition in bankruptcy 
under chapter 11 of title 11, does not negate the manufac-
turer’s duty to comply with section 30112 or sections 
30115 through 30120 of this title. In any bankruptcy pro-
ceeding, the manufacturer’s obligations under such sec-
tions shall be treated as a claim of the United States Gov-
ernment against such manufacturer, subject to subchapter 
II of chapter 37 of title 31, United States Code, and given 
priority pursuant to section 3713(a)(1)(A) of such chap-
ter, notwithstanding section 3713(a)(2), to ensure that 
consumers are adequately protected from any safety defect 
or noncompliance determined to exist in the manufactur-
er’s products. This section shall apply equally to actions 
of a manufacturer taken before or after the filing of a 
petition in bankruptcy.’’ 
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis of chapter 301 of title 49, United States Code, is 
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amended by inserting after the item relating to section 
30120 the following: 
‘‘30120a. Recall obligations and bankruptcy of a manufacturer.’’. 
SEC. 31314. REPEAL OF INSURANCE REPORTS AND INFOR-
MATION PROVISION. 
Chapter 331 of title 49, United States Code, is 
amended— 
(1) in the chapter analysis, by striking the item 
relating to section 33112; and 
(2) by striking section 33112. 
SEC. 31315. MONRONEY STICKER TO PERMIT ADDITIONAL 
SAFETY RATING CATEGORIES. 
Section 3(g)(2) of the Automobile Information Dis-
closure Act (15 U.S.C. 1232(g)(2)), is amended by insert-
ing ‘‘safety rating categories that may include’’ after ‘‘re-
fers to’’. 
Subtitle D—Vehicle Electronics 
and Safety Standards 
SEC. 31401. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS-
TRATION ELECTRONICS, SOFTWARE, AND EN-
GINEERING EXPERTISE. 
(a) COUNCIL FOR VEHICLE ELECTRONICS, VEHICLE 
SOFTWARE, AND EMERGING TECHNOLOGIES.— 
(1) IN GENERAL.—The Secretary shall estab-
lish, within the National Highway Traffic Safety Ad-
ministration, a Council for Vehicle Electronics, Vehi-
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cle Software, and Emerging Technologies (referred 
to in this section as the ‘‘Council’’) to build, inte-
grate, and aggregate the Administration’s expertise 
in passenger motor vehicle electronics and other new 
and emerging technologies. 
(2) 
IMPLEMENTATION
OF
ROADMAP.—The 
Council shall research the inclusion of emerging 
lightweight plastic and composite technologies in 
motor vehicles to increase fuel efficiency, lower emis-
sions, meet fuel economy standards, and enhance 
passenger motor vehicle safety through continued 
utilization of the Administration’s Plastic and Com-
posite Intensive Vehicle Safety Roadmap (Report 
No. DOT HS 810 863). 
(3) INTRA-AGENCY COORDINATION.—The Coun-
cil shall coordinate with all components of the Ad-
ministration responsible for vehicle safety, including 
research and development, rulemaking, and defects 
investigation. 
(b) HONORS RECRUITMENT PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish, within the National Highway Traffic Safety 
Administration, an honors program for engineering 
students, computer science students, and other stu-
dents interested in vehicle safety that will enable 
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such students to train with engineers and other safe-
ty officials for a career in vehicle safety. 
(2) STIPEND.—The Secretary is authorized to 
provide a stipend to students during their participa-
tion in the program established pursuant to para-
graph (1). 
(c) ASSESSMENT.—The Council, in consultation with 
affected stakeholders, shall assess the implications of 
emerging safety technologies in passenger motor vehicles, 
including the effect of such technologies on consumers, 
product availability, and cost. 
SEC. 31402. VEHICLE STOPPING DISTANCE AND BRAKE 
OVERRIDE STANDARD. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary shall prescribe a Federal motor 
vehicle safety standard that— 
(1) mitigates unintended acceleration in pas-
senger motor vehicles; 
(2) establishes performance requirements, based 
on the speed, size, and weight of the vehicle, that en-
able a driver to bring a passenger motor vehicle 
safely to a full stop by normal braking application 
even if the vehicle is simultaneously receiving accel-
erator input signals, including a full-throttle input 
signal; 
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(3) may permit compliance through a system 
that requires brake pedal application, after a period 
of time determined by the Secretary, to override an 
accelerator pedal input signal in order to stop the 
vehicle; 
(4) requires that redundant circuits or other 
mechanisms be built into accelerator control sys-
tems, including systems controlled by electronic 
throttle, to maintain vehicle control in the event of 
failure of the primary circuit or mechanism; and 
(5) may permit vehicles to incorporate a means 
to temporarily disengage the function required under 
paragraph (2) to facilitate operations, such as ma-
neuvering trailers or climbing steep hills, which may 
require the simultaneous operation of brake and ac-
celerator. 
SEC. 31403. PEDAL PLACEMENT STANDARD. 
(a) IN GENERAL.—The Secretary shall initiate a 
rulemaking proceeding to consider a Federal motor vehicle 
safety standard that would mitigate potential obstruction 
of pedal movement in passenger motor vehicles, after tak-
ing into account— 
(1) various pedal mounting configurations; and 
(2) minimum clearances for passenger motor 
vehicle foot pedals with respect to other pedals, the 
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vehicle floor (including aftermarket floor coverings), 
and any other potential obstructions to pedal move-
ment that the Secretary determines to be relevant. 
(b) DEADLINE.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), the Secretary shall issue a final rule 
to implement the safety standard described in sub-
section (a) not later than 3 years after the date of 
the enactment of this Act. 
(2) REPORT.—If the Secretary determines that 
a pedal placement standard does not meet the re-
quirements and considerations set forth in sub-
sections (a) and (b) of section 30111 of title 49, 
United States Code, the Secretary shall submit a re-
port describing the reasons for not prescribing such 
standard to— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Energy and Com-
merce of the House of Representatives. 
(c) COMBINED RULEMAKING.—The Secretary may 
combine the rulemaking proceeding required under sub-
section (a) with the rulemaking proceeding required under 
section 31402. 
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SEC. 31404. ELECTRONIC SYSTEMS PERFORMANCE STAND-
ARD. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall initiate 
a rulemaking proceeding to consider prescribing or amend-
ing a Federal motor vehicle safety standard that— 
(1) requires electronic systems in passenger 
motor vehicles to meet minimum performance re-
quirements; and 
(2) may include requirements for— 
(A) electronic components; 
(B) the interaction of electronic compo-
nents; 
(C) security needs for those electronic sys-
tems to prevent unauthorized access; or 
(D) the effect of surrounding environments 
on those electronic systems. 
(b) DEADLINE.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), the Secretary shall issue a final rule 
to implement the safety standard described in sub-
section (a) not later than 4 years after the date of 
enactment of this Act. 
(2) REPORT.—If the Secretary determines that 
such a standard does not meet the requirements and 
considerations set forth in subsections (a) and (b) of 
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section 30111 of title 49, United States Code, the 
Secretary shall submit a report describing the rea-
sons for not prescribing such standard to— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Energy and Com-
merce of the House of Representatives. 
(c) NATIONAL ACADEMY
OF SCIENCES.—In con-
ducting the rulemaking under subsection (a), the Sec-
retary shall consider the findings and recommendations of 
the National Academy of Sciences, if any, pursuant to its 
study of electronic vehicle controls. 
SEC. 31405. PUSHBUTTON IGNITION SYSTEMS STANDARD. 
(a) PUSHBUTTON IGNITION STANDARD.— 
(1) IN GENERAL.—The Secretary shall initiate 
a rulemaking proceeding to consider a Federal 
motor vehicle safety standard for passenger motor 
vehicles with pushbutton ignition systems that estab-
lishes a standardized operation of such systems 
when used by drivers, including drivers who may be 
unfamiliar with such systems, in an emergency situ-
ation when the vehicle is in motion. 
(2) OTHER IGNITION SYSTEMS.—In the rule-
making proceeding initiated under paragraph (1), 
the Secretary may include any other ignition-start-
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ing mechanism that the Secretary determines should 
be considered. 
(b) PUSHBUTTON IGNITION SYSTEM DEFINED.—The 
term ‘‘pushbutton ignition system’’ means a mechanism, 
such as the push of a button, for starting a passenger 
motor vehicle that does not involve the physical insertion 
and turning of a tangible key. 
(c) DEADLINE.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), the Secretary shall issue a final rule 
to implement the standard described in subsection 
(a) not later than 2 years after the date of the en-
actment of this Act. 
(2) REPORT.—If the Secretary determines that 
a standard does not meet the requirements and con-
siderations set forth in subsections (a) and (b) of 
section 30111 of title 49, United States Code, the 
Secretary shall submit a report describing the rea-
sons for not prescribing such standard to— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Energy and Com-
merce of the House of Representatives. 
SEC. 31406. VEHICLE EVENT DATA RECORDERS. 
(a) MANDATORY EVENT DATA RECORDERS.— 
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(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall revise part 563 of title 49, Code of Fed-
eral Regulations, to require, beginning with model 
year 2015, that new passenger motor vehicles sold in 
the United States be equipped with an event data 
recorder that meets the requirements under that 
part. 
(2) PENALTY.—The violation of any provision 
under part 563 of title 49, Code of Federal Regula-
tions— 
(A) shall be deemed to be a violation of 
section 30112 of title 49, United States Code; 
(B) shall be subject to civil penalties under 
section 30165(a) of that title; and 
(C) shall not subject a manufacturer (as 
defined in section 30102(a)(5) of that title) to 
the requirements under section 30120 of that 
title. 
(b) LIMITATIONS ON INFORMATION RETRIEVAL.— 
(1) OWNERSHIP
OF
DATA.—Any data in an 
event data recorder required under part 563 of title 
49, Code of Federal Regulations, regardless of when 
the passenger motor vehicle in which it is installed 
was manufactured, is the property of the owner, or 
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in the case of a leased vehicle, the lessee of the pas-
senger motor vehicle in which the data recorder is 
installed. 
(2) PRIVACY.—Data recorded or transmitted by 
such a data recorder may not be retrieved by a per-
son other than the owner or lessee of the motor vehi-
cle in which the recorder is installed unless— 
(A) a court authorizes retrieval of the in-
formation in furtherance of a legal proceeding; 
(B) the owner or lessee consents to the re-
trieval of the information for any purpose, in-
cluding the purpose of diagnosing, servicing, or 
repairing the motor vehicle; 
(C) the information is retrieved pursuant 
to an investigation or inspection authorized 
under section 1131(a) or 30166 of title 49, 
United States Code, and the personally identifi-
able information of the owner, lessee, or driver 
of the vehicle and the vehicle identification 
number is not disclosed in connection with the 
retrieved information; or 
(D) the information is retrieved for the 
purpose of determining the need for, or facili-
tating, emergency medical response in response 
to a motor vehicle crash. 
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(c) REPORT TO CONGRESS.—Two years after the 
date of implementation of subsection (a), the Secretary 
shall study the safety impact and the impact on individual 
privacy of event data recorders in passenger motor vehicles 
and report its findings to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Energy and Commerce of the House of Rep-
resentatives. The report shall include— 
(1) the safety benefits gained from installation 
of event data recorders; 
(2) the recommendations on what, if any, addi-
tional data the event data recorder should be modi-
fied to record; 
(3) the additional safety benefit such informa-
tion would yield; 
(4) the estimated cost to manufacturers to im-
plement the new enhancements; 
(5) an analysis of how the information proposed 
to be recorded by an event data recorder conforms 
to applicable legal, regulatory, and policy require-
ments regarding privacy; 
(6) a determination of the risks and effects of 
collecting and maintaining the information proposed 
to be recorded by an event data recorder; 
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(7) an examination and evaluation of the pro-
tections and alternative processes for handling infor-
mation recorded by an event data recorder to miti-
gate potential privacy risks. 
(d) REVISED REQUIREMENTS FOR EVENT DATA RE-
CORDERS.—Based on the findings of the study under sub-
section (c), the Secretary shall initiate a rulemaking pro-
ceeding to revise part 563 of title 49, Code of Federal 
Regulations. The rule— 
(1) shall require event data recorders to capture 
and store data related to motor vehicle safety cov-
ering a reasonable time period before, during, and 
after a motor vehicle crash or airbag deployment, in-
cluding a rollover; 
(2) shall require that data stored on such event 
data recorders be accessible, regardless of vehicle 
manufacturer or model, with commercially available 
equipment in a specified data format; 
(3) shall establish requirements for preventing 
unauthorized access to the data stored on an event 
data recorder in order to protect the security, integ-
rity, and authenticity of the data; and 
(4) may require an interoperable data access 
port to facilitate universal accessibility and analysis. 
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(e) DISCLOSURE OF EXISTENCE AND PURPOSE OF 
EVENT DATA RECORDER.—The rule issued under sub-
section (d) shall require that any owner’s manual or simi-
lar documentation provided to the first purchaser of a pas-
senger motor vehicle for purposes other than resale— 
(1) disclose that the vehicle is equipped with 
such a data recorder; and 
(2) explain the purpose of the data recorder. 
(f) ACCESS TO EVENT DATA RECORDERS IN AGENCY 
INVESTIGATIONS.—Section 30166(c)(3)(C) of title 49, 
United States Code, is amended by inserting ‘‘, including 
any electronic data contained within the vehicle’s diag-
nostic system or event data recorder’’ after ‘‘equipment.’’ 
(g) DEADLINE FOR RULEMAKING.—The Secretary 
shall issue a final rule under subsection (d) not later than 
4 years after the date of enactment of this Act. 
SEC. 31407. PROHIBITION ON ELECTRONIC VISUAL ENTER-
TAINMENT IN DRIVER’S VIEW. 
(a) VISUAL ENTERTAINMENT SCREENS IN DRIVER’S 
VIEW.—Not later than 2 years after the date of enactment 
of this Act, the Secretary of Transportation shall issue a 
final rule that prescribes a Federal motor vehicle safety 
standard prohibiting electronic screens from displaying 
broadcast television, movies, video games, and other forms 
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of similar visual entertainment that is visible to the driver 
while driving. 
(b) EXCEPTIONS.—The standard prescribed under 
subsection (a) shall allow electronic screens that display 
information or images regarding operation of the vehicle, 
vehicle surroundings, and telematic functions, such as the 
vehicles navigation and communications system, weather, 
time, or the vehicle’s audio system. 
SEC. 31408. COMMERCIAL MOTOR VEHICLE ROLLOVER 
PREVENTION AND CRASH MITIGATION. 
(a) RULEMAKING.—Not later than 3 months after 
the date of enactment of this Act, the Secretary of Trans-
portation shall initiate a rulemaking proceeding pursuant 
to section 30111 of title 49, United States Code, to pre-
scribe or amend a Federal motor vehicle safety standard 
to reduce commercial motor vehicle rollover and loss of 
control crashes and mitigate deaths and injuries associ-
ated with such crashes for air-braked truck tractors and 
motorcoaches with a gross vehicle weight rating of more 
than 26,000 pounds. 
(b) REQUIRED PERFORMANCE STANDARDS.—The 
rulemaking proceeding initiated under subsection (a) shall 
establish standards to reduce the occurrence of rollovers 
and loss of control crashes consistent with stability en-
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hancing technologies, such as electronic stability control 
systems. 
(c) DEADLINE.—Not later than 18 months after the 
date of enactment of this Act, the Secretary shall issue 
a final rule under subsection (a). 
Subtitle E—Child Safety Standards 
SEC. 31501. CHILD SAFETY SEATS. 
(a) PROTECTION
FOR LARGER CHILDREN.—Not 
later than 1 year after the date of enactment of this Act, 
the Secretary shall issue a final rule amending Federal 
Motor Vehicle Safety Standard Number 213 to establish 
frontal crash protection requirements for child restraint 
systems for children weighing more than 65 pounds. 
(b) SIDE IMPACT CRASHES.—Not later than 2 years 
after the date of enactment of this Act, the Secretary shall 
issue a final rule amending Federal Motor Vehicle Safety 
Standard Number 213 to improve the protection of chil-
dren seated in child restraint systems during side impact 
crashes. 
(c) FRONTAL IMPACT TEST PARAMETERS.— 
(1) COMMENCEMENT.—Not later than 2 years 
after the date of enactment of this Act, the Sec-
retary shall commence a rulemaking proceeding to 
amend test parameters under Federal Motor Vehicle 
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Safety Standard Number 213 to better replicate real 
world conditions. 
(2) FINAL RULE.—Not later than 4 years after 
the date of enactment of this Act, the Secretary 
shall issue a final rule pursuant to paragraph (1). 
SEC. 31502. CHILD RESTRAINT ANCHORAGE SYSTEMS. 
(a) INITIATION OF RULEMAKING PROCEEDING.—Not 
later than 1 year after the date of enactment of this Act, 
the Secretary shall initiate a rulemaking proceeding to— 
(1) amend Federal Motor Vehicle Safety Stand-
ard Number 225 (relating to child restraint anchor-
age systems) to improve the visibility of, accessibility 
to, and ease of use for lower anchorages and tethers 
in all rear seat seating positions if such anchorages 
and tethers are feasible; and 
(2) amend Federal Motor Vehicle Safety Stand-
ard Number 213 (relating to child restraint systems) 
or Federal Motor Vehicle Safety Standard Number 
225 (relating to child restraint anchorage sys-
tems)— 
(A) to establish a maximum allowable 
weight of the child and child restraint for 
standardizing the recommended use of child re-
straint anchorage systems in all vehicles; and 
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(B) to provide the information described in 
subparagraph (A) to the consumer. 
(b) FINAL RULE.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), the Secretary shall issue a final rule 
under subsection (a) not later than 3 years after the 
date of the enactment of this Act. 
(2) REPORT.—If the Secretary determines that 
an amendment to the standard referred to in sub-
section (a) does not meet the requirements and con-
siderations set forth in subsections (a) and (b) of 
section 30111 of title 49, United States Code, the 
Secretary shall submit a report describing the rea-
sons for not prescribing such a standard to— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Energy and Com-
merce of the House of Representatives. 
SEC. 31503. REAR SEAT BELT REMINDERS. 
(a) INITIATION OF RULEMAKING PROCEEDING.—Not 
later than 2 years after the date of enactment of this Act, 
the Secretary shall initiate a rulemaking proceeding to 
amend Federal Motor Vehicle Safety Standard Number 
208 (relating to occupant crash protection) to provide a 
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safety belt use warning system for designated seating posi-
tions in the rear seat. 
(b) FINAL RULE.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), the Secretary shall issue a final rule 
under subsection (a) not later than 3 years after the 
date of enactment of this Act. 
(2) REPORT.—If the Secretary determines that 
an amendment to the standard referred to in sub-
section (a) does not meet the requirements and con-
siderations set forth in subsections (a) and (b) of 
section 30111 of title 49, United States Code, the 
Secretary shall submit a report describing the rea-
sons for not prescribing such a standard to— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Energy and Com-
merce of the House of Representatives. 
SEC. 31504. UNATTENDED PASSENGER REMINDERS. 
(a) SAFETY RESEARCH INITIATIVE.—Not later than 
2 years after the date of enactment of this Act, the Sec-
retary shall complete research into the development of per-
formance requirements to warn drivers that a child or 
other unattended passenger remains in a rear seating posi-
tion after the vehicle motor is disengaged. 
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(b) SPECIFICATIONS.—In carrying out subsection (a), 
the Secretary shall consider performance requirements 
that— 
(1) sense weight, the presence of a buckled seat 
belt, or other indications of the presence of a child 
or other passenger; and 
(2) provide an alert to prevent hyperthermia 
and hypothermia that can result in death or severe 
injuries. 
(c) RULEMAKING OR REPORT.— 
(1) RULEMAKING.—Not later than 1 year after 
the completion of each research and testing initiative 
required under subsection (a), the Secretary shall 
initiate a rulemaking proceeding to issue a Federal 
motor vehicle safety standard if the Secretary deter-
mines that such a standard meets the requirements 
and considerations set forth in subsections (a) and 
(b) of section 30111 of title 49, United States Code. 
(2) REPORT.—If the Secretary determines that 
the standard described in subsection (a) does not 
meet the requirements and considerations set forth 
in subsections (a) and (b) of section 30111 of title 
49, United States Code, the Secretary shall submit 
a report describing the reasons for not prescribing 
such a standard to— 
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(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Energy and Com-
merce of the House of Representatives. 
SEC. 31505. NEW DEADLINE. 
If the Secretary determines that any deadline for 
issuing a final rule under this Act cannot be met, the Sec-
retary shall— 
(1) provide the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Energy and Commerce of the House 
of Representatives with an explanation for why such 
deadline cannot be met; and 
(2) establish a new deadline for that rule. 
Subtitle F—Improved Daytime and 
Nighttime Visibility of Agricul-
tural Equipment 
SEC. 31601. RULEMAKING ON VISIBILITY OF AGRICUL-
TURAL EQUIPMENT. 
(a) DEFINITIONS.—In this section: 
(1) AGRICULTURAL
EQUIPMENT.—The term 
‘‘agricultural equipment’’ has the meaning given the 
term ‘‘agricultural field equipment’’ in ASABE 
Standard 390.4, entitled ‘‘Definitions and Classifica-
tions of Agricultural Field Equipment’’, which was 
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published in January 2005 by the American Society 
of Agriculture and Biological Engineers, or any suc-
cessor standard. 
(2) PUBLIC
ROAD.—The term ‘‘public road’’ 
has the meaning given the term in section 
101(a)(27) of title 23, United States Code. 
(b) RULEMAKING.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary of 
Transportation, after consultation with representa-
tives of the American Society of Agricultural and Bi-
ological Engineers and appropriate Federal agencies, 
and with other appropriate persons, shall promul-
gate a rule to improve the daytime and nighttime 
visibility of agricultural equipment that may be oper-
ated on a public road. 
(2) MINIMUM STANDARDS.—The rule promul-
gated pursuant to this subsection shall— 
(A) establish minimum lighting and mark-
ing standards for applicable agricultural equip-
ment manufactured at least 1 year after the 
date on which such rule is promulgated; and 
(B) provide for the methods, materials, 
specifications, and equipment to be employed to 
comply with such standards, which shall be 
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equivalent to ASABE Standard 279.14, entitled 
‘‘Lighting and Marking of Agricultural Equip-
ment on Highways’’, which was published in 
July 2008 by the American Society of Agricul-
tural and Biological Engineers, or any successor 
standard. 
(c) REVIEW.—Not less frequently than once every 5 
years, the Secretary of Transportation shall— 
(1) review the standards established pursuant 
to subsection (b); and 
(2) revise such standards to reflect the revision 
of ASABE Standard 279 that is in effect at the 
time of such review. 
(d) LIMITATIONS.— 
(1) COMPLIANCE
WITH
SUCCESSOR
STAND-
ARDS.—Any rule promulgated pursuant to this sec-
tion may not prohibit the operation on public roads 
of agricultural equipment that is equipped in accord-
ance with any adopted revision of ASABE Standard 
279 that is later than the revision of such standard 
that was referenced during the promulgation of the 
rule. 
(2) NO
RETROFITTING
REQUIRED.—Any rule 
promulgated pursuant to this section may not re-
quire the retrofitting of agricultural equipment that 
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was manufactured before the date on which the 
lighting and marking standards are enforceable 
under subsection (b)(2)(A). 
(3) NO
EFFECT
ON
ADDITIONAL
MATERIALS 
AND EQUIPMENT.—Any rule promulgated pursuant 
to this section may not prohibit the operation on 
public roads of agricultural equipment that is 
equipped with materials or equipment that are in 
addition to the minimum materials and equipment 
specified in the standard upon which such rule is 
based. 
TITLE II—COMMERCIAL MOTOR 
VEHICLE SAFETY ENHANCE-
MENT ACT OF 2012 
SEC. 32001. SHORT TITLE. 
This title may be cited as the ‘‘Commercial Motor Ve-
hicle Safety Enhancement Act of 2012’’. 
SEC. 32002. REFERENCES TO TITLE 49, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 49, United States 
Code. 
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Subtitle A—Commercial Motor 
Vehicle Registration 
SEC. 32101. REGISTRATION OF MOTOR CARRIERS. 
(a) 
REGISTRATION
REQUIREMENTS.—Section 
13902(a)(1) is amended to read as follows: 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this section, the Secretary of Transportation 
may not register a person to provide transportation 
subject to jurisdiction under subchapter I of chapter 
135 as a motor carrier unless the Secretary deter-
mines that the person— 
‘‘(A) is willing and able to comply with— 
‘‘(i) this part and the applicable regu-
lations of the Secretary and the Board; 
‘‘(ii) any safety regulations imposed 
by the Secretary; 
‘‘(iii) the duties of employers and em-
ployees established by the Secretary under 
section 31135; 
‘‘(iv) the safety fitness requirements 
established by the Secretary under section 
31144; 
‘‘(v) the accessibility requirements es-
tablished by the Secretary under subpart 
H of part 37 of title 49, Code of Federal 
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Regulations (or successor regulations), for 
transportation provided by an over-the- 
road bus; and 
‘‘(vi) the minimum financial responsi-
bility requirements established by the Sec-
retary under sections 13906, 31138, and 
31139; 
‘‘(B) has submitted a comprehensive man-
agement plan documenting that the person has 
management systems in place to ensure compli-
ance with safety regulations imposed by the 
Secretary; 
‘‘(C) has disclosed any relationship involv-
ing common ownership, common management, 
common control, or common familial relation-
ship between that person and any other motor 
carrier, freight forwarder, or broker, or any 
other applicant for motor carrier, freight for-
warder, or broker registration, or a successor 
(as that term is defined under section 31153), 
if the relationship occurred in the 5-year period 
preceding the date of the filing of the applica-
tion for registration; and 
‘‘(D) after the Secretary establishes a writ-
ten proficiency examination pursuant to section 
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32101(b) of the Commercial Motor Vehicle 
Safety Enhancement Act of 2012, has passed 
the written proficiency examination.’’. 
(b) WRITTEN PROFICIENCY EXAMINATION.— 
(1) ESTABLISHMENT.—Not later than 18 
months after the date of enactment of this Act, the 
Secretary shall establish a written proficiency exam-
ination for applicant motor carriers pursuant to sec-
tion 13902(a)(1)(D) of title 49, United States Code. 
The written proficiency examination shall test a per-
son’s knowledge of applicable safety regulations, 
standards, and orders of the Federal government 
and State government. 
(2) ADDITIONAL FEE.—The Secretary may as-
sess a fee to cover the expenses incurred by the De-
partment of Transportation in— 
(A) developing and administering the writ-
ten proficiency examination; and 
(B) reviewing the comprehensive manage-
ment 
plan 
required 
under 
section 
13902(a)(1)(B) of title 49, United States Code. 
(c) CONFORMING AMENDMENT.—Section 210(b) of 
the Motor Carrier Safety Improvement Act of 1999 (49 
U.S.C. 31144 note) is amended— 
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(1) by inserting ‘‘, commercial regulations, and 
provisions of subpart H of part 37 of title 49, Code 
of Federal Regulations, or successor regulations’’ 
after ‘‘applicable safety regulations’’; and 
(2) by striking ‘‘consider the establishment of’’ 
and inserting ‘‘establish’’. 
(d) TRANSPORTATION OF AGRICULTURAL COMMOD-
ITIES AND FARM SUPPLIES.—Section 229(a)(1) of the 
Motor Carrier Safety Improvement Act of 1999 (49 
U.S.C. 31136 note) is amended to read as follows: 
‘‘(1) TRANSPORTATION OF AGRICULTURAL COM-
MODITIES AND FARM SUPPLIES.—Regulations pre-
scribed by the Secretary under sections 31136 and 
31502 regarding maximum driving and on-duty time 
for drivers used by motor carriers shall not apply 
during planting and harvest periods, as determined 
by each State, to— 
‘‘(A) drivers transporting agricultural com-
modities in the State from the source of the ag-
ricultural commodities to a location within a 
100 air-mile radius from the source; 
‘‘(B) drivers transporting farm supplies for 
agricultural purposes in the State from a whole-
sale or retail distribution point of the farm sup-
plies to a farm or other location where the farm 
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supplies are intended to be used within a 100 
air-mile radius from the distribution point; or 
‘‘(C) drivers transporting farm supplies for 
agricultural purposes in the State from a whole-
sale distribution point of the farm supplies to a 
retail distribution point of the farm supplies 
within a 100 air-mile radius from the wholesale 
distribution point.’’. 
SEC. 32102. SAFETY FITNESS OF NEW OPERATORS. 
(a) SAFETY REVIEWS OF NEW OPERATORS.—Section 
31144(g)(1) is amended to read as follows: 
‘‘(1) SAFETY REVIEW.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
require, by regulation, each owner and each op-
erator granted new registration under section 
13902 or 31134 to undergo a safety review not 
later than 12 months after the owner or oper-
ator, as the case may be, begins operations 
under such registration. 
‘‘(B) PROVIDERS OF MOTORCOACH SERV-
ICES.—The Secretary may register a person to 
provide motorcoach services under section 
13902 or 31134 after the person undergoes a 
pre-authorization 
safety 
audit, 
including 
verification, in a manner sufficient to dem-
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onstrate the ability to comply with Federal 
rules and regulations, as described in section 
13902. The Secretary shall continue to monitor 
the safety performance of each owner and each 
operator subject to this section for 12 months 
after the owner or operator is granted registra-
tion under section 13902 or 31134. The reg-
istration of each owner and each operator sub-
ject to this section shall become permanent 
after the motorcoach service provider is granted 
registration following a pre-authorization safety 
audit and the expiration of the 12 month moni-
toring period. 
‘‘(C) 
PRE-AUTHORIZATION
SAFETY 
AUDIT.—The Secretary may require, by regula-
tion, that the pre-authorization safety audit 
under subparagraph (B) be completed on-site 
not later than 90 days after the submission of 
an application for operating authority.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect 1 year after the date of 
enactment of this Act. 
SEC. 32103. REINCARNATED CARRIERS. 
(a) EFFECTIVE PERIODS OF REGISTRATION.— 
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(1) SUSPENSIONS, AMENDMENTS, AND REVOCA-
TIONS.—Section 13905(d) is amended— 
(A) by redesignating paragraph (2) as 
paragraph (4); 
(B) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) APPLICATIONS.—On application of the 
registrant, the Secretary may amend or revoke a 
registration. 
‘‘(2) COMPLAINTS
AND
ACTIONS
ON
SEC-
RETARY’S OWN INITIATIVE.—On complaint or on the 
Secretary’s own initiative and after notice and an 
opportunity for a proceeding, the Secretary may— 
‘‘(A) suspend, amend, or revoke any part 
of the registration of a motor carrier, broker, or 
freight forwarder for willful failure to comply 
with— 
‘‘(i) this part; 
‘‘(ii) an applicable regulation or order 
of the Secretary or the Board, including 
the accessibility requirements established 
by the Secretary under subpart H of part 
37 of title 49, Code of Federal Regulations 
(or successor regulations), for transpor-
tation provided by an over-the-road bus; or 
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‘‘(iii) a condition of its registration; 
‘‘(B) withhold, suspend, amend, or revoke 
any part of the registration of a motor carrier, 
broker, or freight forwarder for failure— 
‘‘(i) to pay a civil penalty imposed 
under chapter 5, 51, 149, or 311; 
‘‘(ii) to arrange and abide by an ac-
ceptable payment plan for such civil pen-
alty, not later than 90 days after the date 
specified by order of the Secretary for the 
payment of such penalty; or 
‘‘(iii) for failure to obey a subpoena 
issued by the Secretary; 
‘‘(C) withhold, suspend, amend, or revoke 
any part of a registration of a motor carrier, 
broker, or freight forwarder following a deter-
mination by the Secretary that the motor car-
rier, broker, or freight forwarder failed to dis-
close, in its application for registration, a mate-
rial fact relevant to its willingness and ability to 
comply with— 
‘‘(i) this part; 
‘‘(ii) an applicable regulation or order 
of the Secretary or the Board; or 
‘‘(iii) a condition of its registration; or 
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‘‘(D) withhold, suspend, amend, or revoke 
any part of a registration of a motor carrier, 
broker, or freight forwarder if the Secretary 
finds that— 
‘‘(i) the motor carrier, broker, or 
freight forwarder is or was related through 
common ownership, common management, 
common control, or common familial rela-
tionship to any other motor carrier, broker, 
or freight forwarder, or any other appli-
cant for motor carrier, broker, or freight 
forwarder registration that the Secretary 
determines is or was unwilling or unable to 
comply with the relevant requirements list-
ed in section 13902, 13903, or 13904; or 
‘‘(ii) the person is the successor, as 
defined in section 31153, to a person who 
is or was unwilling or unable to comply 
with the relevant requirements of section 
13902, 13903, or 13904. 
‘‘(3) LIMITATION.—Paragraph (2)(B) shall not 
apply to a person who is unable to pay a civil pen-
alty because the person is a debtor in a case under 
chapter 11 of title 11.’’; and 
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(C) in paragraph (4), as redesignated by 
section 32103(a)(1)(A) of this Act, by striking 
‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph 
(2)(B)’’. 
(2) PROCEDURE.—Section 13905(e) is amended 
by inserting ‘‘or if the Secretary determines that the 
registrant failed to disclose a material fact in an ap-
plication for registration in accordance with sub-
section (d)(2)(C),’’ after ‘‘registrant,’’. 
(b) INFORMATION SYSTEMS.—Section 31106(a)(3) is 
amended— 
(1) in subparagraph (F), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (G), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(H) determine whether a person or em-
ployer is or was related, through common own-
ership, common management, common control, 
or common familial relationship, to any other 
person, employer, or any other applicant for 
registration under section 13902 or 31134.’’. 
SEC. 32104. FINANCIAL RESPONSIBILITY REQUIREMENTS. 
(a) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Secretary shall— 
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(1) issue a report on the appropriateness of— 
(A) the current minimum financial respon-
sibility requirements under sections 31138 and 
31139 of title 49, United States Code; and 
(B) the current bond and insurance re-
quirements under section 13904(f) of title 49, 
United States Code; and 
(2) submit the report issued under paragraph 
(1) to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives. 
(b) RULEMAKING.—Not later than 6 months after 
the publication of the report under subsection (a), the Sec-
retary shall initiate a rulemaking— 
(1) to revise the minimum financial responsi-
bility requirements under sections 31138 and 31139 
of title 49, United States Code and 
(2) to revise the bond and insurance require-
ments under section 13904(f) of such title, as appro-
priate, based on the findings of the report submitted 
under subsection (a). 
(c) DEADLINE.—Not later than 1 year after the start 
of the rulemaking under subsection (b), the Secretary 
shall— 
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(1) issue a final rule; or 
(2) if the Secretary determines that a rule-
making is not required following the Secretary’s 
analysis, submit a report stating the reason for not 
increasing the minimum financial responsibility re-
quirements to the Committee on Commerce, Science, 
and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives. 
(d) BIENNIAL REVIEWS.—Not less than once every 
2 years, the Secretary shall review the requirements pre-
scribed under subsection (b) and revise the requirements, 
as appropriate. 
SEC. 32105. USDOT NUMBER REGISTRATION REQUIRE-
MENT. 
(a) IN GENERAL.—Chapter 311 is amended by in-
serting after section 31133 the following: 
‘‘§ 31134. Requirement for registration and USDOT 
number 
‘‘(a) IN GENERAL.—Upon application, and subject to 
subsections (b) and (c), the Secretary shall register an em-
ployer or person subject to the safety jurisdiction of this 
subchapter. An employer or person may operate a com-
mercial motor vehicle in interstate commerce only if the 
employer or person is registered by the Secretary under 
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this section and receives a USDOT number. Nothing in 
this section shall preclude registration by the Secretary 
of an employer or person not engaged in interstate com-
merce. An employer or person subject to jurisdiction under 
subchapter I of chapter 135 of this title shall apply for 
commercial registration under section 13902 of this title. 
‘‘(b) WITHHOLDING REGISTRATION.—The Secretary 
may withhold registration under subsection (a), after no-
tice and an opportunity for a proceeding, if the Secretary 
determines that— 
‘‘(1) the employer or person seeking registra-
tion is unwilling or unable to comply with the re-
quirements of this subchapter and the regulations 
prescribed thereunder and chapter 51 and the regu-
lations prescribed thereunder; 
‘‘(2) the employer or person is or was related 
through common ownership, common management, 
common control, or common familial relationship to 
any other person or applicant for registration sub-
ject to this subchapter who is or was unfit, unwill-
ing, or unable to comply with the requirements listed 
in subsection (b)(1); or 
‘‘(3) the person is the successor, as defined in 
section 31153, to a person who is or was unfit, un-
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willing, or unable to comply with the requirements 
listed in subsection (b)(1). 
‘‘(c) REVOCATION OR SUSPENSION OF REGISTRA-
TION.—The Secretary shall revoke the registration of an 
employer or person under subsection (a) after notice and 
an opportunity for a proceeding, or suspend the registra-
tion after giving notice of the suspension to the employer 
or person, if the Secretary determines that— 
‘‘(1) the employer’s or person’s authority to op-
erate pursuant to chapter 139 of this title would be 
subject to revocation or suspension under sections 
13905(d)(1) or 13905(f) of this title; 
‘‘(2) the employer or person is or was related 
through common ownership, common management, 
common control, or common familial relationship to 
any other person or applicant for registration sub-
ject to this subchapter that the Secretary determines 
is or was unfit, unwilling, or unable to comply with 
the requirements listed in subsection (b)(1); 
‘‘(3) the person is the successor, as defined in 
section 31153, to a person the Secretary determines 
is or was unfit, unwilling, or unable to comply with 
the requirements listed in subsection (b)(1); or 
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‘‘(4) the employer or person failed or refused to 
submit to the safety review required by section 
31144(g) of this title. 
‘‘(d) PERIODIC REGISTRATION UPDATE.—The Sec-
retary may require an employer to update a registration 
under this section periodically or not later than 30 days 
after a change in the employer’s address, other contact 
information, officers, process agent, or other essential in-
formation, as determined by the Secretary.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 311 is amended by inserting after the item relat-
ing to section 31133 the following: 
‘‘31134. Requirement for registration and USDOT number.’’. 
SEC. 32106. REGISTRATION FEE SYSTEM. 
Section 13908(d)(1) is amended by striking ‘‘but 
shall not exceed $300’’. 
SEC. 32107. REGISTRATION UPDATE. 
(a) PERIODIC MOTOR CARRIER UPDATE.—Section 
13902 is amended by adding at the end the following: 
‘‘(h) UPDATE
OF REGISTRATION.—The Secretary 
may require a registrant to update its registration under 
this section periodically or not later than 30 days after 
a change in the registrant’s address, other contact infor-
mation, officers, process agent, or other essential informa-
tion, as determined by the Secretary.’’. 
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(b) PERIODIC FREIGHT FORWARDER UPDATE.—Sec-
tion 13903 is amended by adding at the end the following: 
‘‘(c) UPDATE
OF REGISTRATION.—The Secretary 
may require a freight forwarder to update its registration 
under this section periodically or not later than 30 days 
after a change in the freight forwarder’s address, other 
contact information, officers, process agent, or other es-
sential information, as determined by the Secretary.’’. 
(c) PERIODIC BROKER UPDATE.—Section 13904 is 
amended by adding at the end the following: 
‘‘(e) UPDATE
OF REGISTRATION.—The Secretary 
may require a broker to update its registration under this 
section periodically or not later than 30 days after a 
change in the broker’s address, other contact information, 
officers, process agent, or other essential information, as 
determined by the Secretary.’’. 
SEC. 32108. INCREASED PENALTIES FOR OPERATING WITH-
OUT REGISTRATION. 
(a) PENALTIES.—Section 14901(a) is amended— 
(1) by striking ‘‘$500’’ and inserting ‘‘$1,000’’; 
(2) by striking ‘‘who is not registered under 
this part to provide transportation of passengers,’’; 
(3) by striking ‘‘with respect to providing trans-
portation of passengers,’’ and inserting ‘‘or section 
13902(c) of this title,’’; and 
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(4) by striking ‘‘$2,000 for each violation and 
each additional day the violation continues’’ and in-
serting ‘‘$10,000 for each violation, or $25,000 for 
each violation relating to providing transportation of 
passengers’’. 
(b) TRANSPORTATION OF HAZARDOUS WASTES.— 
Section 14901(b) is amended by striking ‘‘not to exceed 
$20,000’’ and inserting ‘‘not less than $25,000’’. 
SEC. 32109. REVOCATION OF REGISTRATION FOR IMMI-
NENT HAZARD. 
Section 13905(f)(2) is amended to read as follows: 
‘‘(2) IMMINENT HAZARD TO PUBLIC HEALTH.— 
Notwithstanding subchapter II of chapter 5 of title 
5, the Secretary shall revoke the registration of a 
motor carrier if the Secretary finds that the carrier 
is or was conducting unsafe operations that are or 
were an imminent hazard to public health or prop-
erty.’’. 
SEC. 32110. REVOCATION OF REGISTRATION AND OTHER 
PENALTIES FOR FAILURE TO RESPOND TO 
SUBPOENA. 
Section 525 is amended— 
(1) by striking ‘‘subpenas’’ in the section head-
ing and inserting ‘‘subpoenas’’; 
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1100 
(2) by striking ‘‘subpena’’ and inserting ‘‘sub-
poena’’; 
(3) by striking ‘‘$100’’ and inserting ‘‘$1,000’’; 
(4) 
by 
striking 
‘‘$5,000’’ 
and 
inserting 
‘‘$10,000’’; and 
(5) by adding at the end the following: 
‘‘The Secretary may withhold, suspend, amend, or re-
voke any part of the registration of a person required to 
register under chapter 139 for failing to obey a subpoena 
or requirement of the Secretary under this chapter to ap-
pear and testify or produce records.’’. 
SEC. 32111. FLEETWIDE OUT OF SERVICE ORDER FOR OP-
ERATING WITHOUT REQUIRED REGISTRA-
TION. 
Section 13902(e)(1) is amended— 
(1) by striking ‘‘motor vehicle’’ and inserting 
‘‘motor carrier’’ after ‘‘the Secretary determines that 
a’’; and 
(2) by striking ‘‘order the vehicle’’ and inserting 
‘‘order the motor carrier operations’’ after ‘‘the Sec-
retary may’’. 
SEC. 32112. MOTOR CARRIER AND OFFICER PATTERNS OF 
SAFETY VIOLATIONS. 
Section 31135 is amended— 
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(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) NONCOMPLIANCE.— 
‘‘(1) MOTOR CARRIERS.—Two or more motor 
carriers, employers, or persons shall not use common 
ownership, common management, common control, 
or common familial relationship to enable any or all 
such motor carriers, employers, or persons to avoid 
compliance, or mask or otherwise conceal non-com-
pliance, or a history of non-compliance, with regula-
tions prescribed under this subchapter or an order 
of the Secretary issued under this subchapter. 
‘‘(2) PATTERN.—If the Secretary finds that a 
motor carrier, employer, or person engaged in a pat-
tern or practice of avoiding compliance, or masking 
or otherwise concealing noncompliance, with regula-
tions prescribed under this subchapter, the Sec-
retary— 
‘‘(A) may withhold, suspend, amend, or re-
voke any part of the motor carrier’s, employ-
er’s, or person’s registration in accordance with 
section 13905 or 31134; and 
‘‘(B) shall take into account such non-com-
pliance for purposes of determining civil penalty 
amounts under section 521(b)(2)(D). 
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‘‘(3) OFFICERS.—If the Secretary finds, after 
notice and an opportunity for proceeding, that an of-
ficer of a motor carrier, employer, or owner or oper-
ator engaged in a pattern or practice of violating 
regulations prescribed under this subchapter, or as-
sisted a motor carrier, employer, or owner or oper-
ator in avoiding compliance, or masking or otherwise 
concealing noncompliance, the Secretary may impose 
appropriate sanctions, subject to the limitations in 
paragraph (4), including— 
‘‘(A) suspension or revocation of registra-
tion granted to the officer individually under 
section 13902 or 31134; 
‘‘(B) temporary or permanent suspension 
or bar from association with any motor carrier, 
employer, or owner or operator registered under 
section 13902 or 31134; or 
‘‘(C) any appropriate sanction approved by 
the Secretary. 
‘‘(4) LIMITATIONS.—The sanctions described in 
subparagraphs (A) through (C) of subsection (b)(3) 
shall apply to— 
‘‘(A) intentional or knowing conduct, in-
cluding reckless conduct that violates applicable 
laws (including regulations); and 
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‘‘(B) repeated instances of negligent con-
duct that violates applicable laws (including 
regulations).’’; and 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) AVOIDING COMPLIANCE.—For purposes of this 
section, ‘avoiding compliance’ or ‘masking or otherwise 
concealing noncompliance’ includes serving as an officer 
or otherwise exercising controlling influence over 2 or 
more motor carriers where— 
‘‘(1) one of the carriers was placed out of serv-
ice, or received notice from the Secretary that it will 
be placed out of service, following— 
‘‘(A) a determination of unfitness under 
section 31144(b); 
‘‘(B) a suspension or revocation of reg-
istration under section 13902, 13905, or 
31144(g); 
‘‘(C) issuance of an imminent hazard out 
of service order under section 521(b)(5) or sec-
tion 5121(d); or 
‘‘(D) notice of failure to pay a civil penalty 
or abide by a penalty payment plan; and 
‘‘(2) one or more of the carriers is the ‘suc-
cessor,’ as that term is defined in section 31153, to 
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the carrier that is the subject of the action in para-
graph (1).’’. 
SEC. 32113. FEDERAL SUCCESSOR STANDARD. 
(a) IN GENERAL.—Chapter 311 is amended by add-
ing after section 31152, as added by section 32508 of this 
Act, the following: 
‘‘§ 31153. Federal successor standard 
‘‘(a) FEDERAL SUCCESSOR STANDARD.—Notwith-
standing any other provision of Federal or State law, the 
Secretary may take an action authorized under chapters 
5, 51, 131 through 149, subchapter III of chapter 311 
(except sections 31138 and 31139), or sections 31302, 
31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of 
this title, or a regulation issued under any of those provi-
sions, against a successor of a motor carrier (as defined 
in section 13102), a successor of an employer (as defined 
in section 31132), or a successor of an owner or operator 
(as that term is used in subchapter III of chapter 311), 
to the same extent and on the same basis as the Secretary 
may take the action against the motor carrier, employer, 
or owner or operator. 
‘‘(b) SUCCESSOR DEFINED.—For purposes of this 
section, the term ‘successor’ means a motor carrier, em-
ployer, or owner or operator that the Secretary deter-
mines, after notice and an opportunity for a proceeding, 
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‘‘(13) advertising, corporate name, or other acts 
through which the motor carrier, employer, or owner 
or operator holds itself out to the public; 
‘‘(14) history of safety violations and pending 
orders or enforcement actions of the Secretary; and 
‘‘(15) additional factors that the Secretary con-
siders appropriate. 
‘‘(c) EFFECTIVE DATE.—Notwithstanding any other 
provision of law, this section shall apply to any action com-
menced on or after the date of enactment of the Commer-
cial Motor Vehicle Safety Enhancement Act of 2012 with-
out regard to whether the violation that is the subject of 
the action, or the conduct that caused the violation, oc-
curred before the date of enactment. 
‘‘(d) RIGHTS NOT AFFECTED.—Nothing in this sec-
tion shall affect the rights, functions, or responsibilities 
under law of any other Department, Agency, or instru-
mentality of the United States, the laws of any State, or 
any rights between a private party and a motor carrier, 
employer, or owner or operator.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 311 is amended by inserting after the item related 
to section 31152, as added by section 32508 of this Act, 
the following: 
‘‘31153. Federal successor standard.’’. 
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Subtitle B—Commercial Motor 
Vehicle Safety 
SEC. 32201. REPEAL OF COMMERCIAL JURISDICTION EX-
CEPTION FOR BROKERS OF MOTOR CAR-
RIERS OF PASSENGERS. 
(a) IN GENERAL.—Section 13506(a) is amended— 
(1) by inserting ‘‘or’’ at the end of paragraph 
(13); 
(2) by striking paragraph (14); and 
(3) by redesignating paragraph (15) as para-
graph (14). 
(b) CONFORMING AMENDMENT.—Section 13904(a) 
is amended by striking ‘‘of property’’ in the first sentence. 
SEC. 32202. BUS RENTALS AND DEFINITION OF EMPLOYER. 
Paragraph (3) of section 31132 is amended to read 
as follows: 
‘‘(3) ‘employer’— 
‘‘(A) means a person engaged in a business 
affecting interstate commerce that— 
‘‘(i) owns or leases a commercial 
motor vehicle in connection with that busi-
ness, or assigns an employee to operate the 
commercial motor vehicle; or 
‘‘(ii) offers for rent or lease a motor 
vehicle designed or used to transport more 
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than 8 passengers, including the driver, 
and from the same location or as part of 
the same business provides names or con-
tact information of drivers, or holds itself 
out to the public as a charter bus com-
pany; but 
‘‘(B) does not include the Government, a 
State, or a political subdivision of a State.’’. 
SEC. 32203. CRASHWORTHINESS STANDARDS. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act, the Secretary shall con-
duct a comprehensive analysis on the need for crash-
worthiness standards on property-carrying commercial 
motor vehicles with a gross vehicle weight rating or gross 
vehicle weight of at least 26,001 pounds involved in inter-
state commerce, including an evaluation of the need for 
roof strength, pillar strength, air bags, and frontal and 
back wall standards. 
(b) REPORT.—Not later than 90 days after com-
pleting the comprehensive analysis under subsection (a), 
the Secretary shall report the results of the analysis and 
any recommendations to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives. 
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SEC. 32204. CANADIAN SAFETY RATING RECIPROCITY. 
Section 31144 is amended by adding at the end the 
following: 
‘‘(h) RECOGNITION OF CANADIAN MOTOR CARRIER 
SAFETY FITNESS DETERMINATIONS.— 
‘‘(1) If an authorized agency of the Canadian 
federal government or a Canadian Territorial or 
Provincial government determines, by applying the 
procedure and standards prescribed by the Secretary 
under subsection (b) or pursuant to an agreement 
under paragraph (2), that a Canadian employer is 
unfit and prohibits the employer from operating a 
commercial motor vehicle in Canada or any Cana-
dian Province, the Secretary may prohibit the em-
ployer from operating such vehicle in interstate and 
foreign commerce until the authorized Canadian 
agency determines that the employer is fit. 
‘‘(2) The Secretary may consult and participate 
in negotiations with authorized officials of the Cana-
dian federal government or a Canadian Territorial 
or Provincial government, as necessary, to provide 
reciprocal recognition of each country’s motor car-
rier safety fitness determinations. An agreement 
shall provide, to the maximum extent practicable, 
that each country will follow the procedure and 
standards prescribed by the Secretary under sub-
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section (b) in making motor carrier safety fitness de-
terminations.’’. 
SEC. 32205. STATE REPORTING OF FOREIGN COMMERCIAL 
DRIVER CONVICTIONS. 
(a) DEFINITION OF FOREIGN COMMERCIAL DRIV-
ER.—Section 31301 is amended— 
(1) by redesignating paragraphs (10) through 
(14) as paragraphs (11) through (15), respectively; 
and 
(2) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) ‘foreign commercial driver’ means an in-
dividual licensed to operate a commercial motor ve-
hicle by an authority outside the United States, or 
a citizen of a foreign country who operates a com-
mercial motor vehicle in the United States.’’. 
(b) STATE REPORTING OF CONVICTIONS.—Section 
31311(a) is amended by adding after paragraph (21) the 
following: 
‘‘(22) The State shall report a conviction of a 
foreign commercial driver by that State to the Fed-
eral Convictions and Withdrawal Database, or an-
other information system designated by the Sec-
retary to record the convictions. A report shall in-
clude— 
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‘‘(A) for a driver holding a foreign com-
mercial driver’s license— 
‘‘(i) each conviction relating to the op-
eration of a commercial motor vehicle; and 
‘‘(ii) a non-commercial motor vehicle; 
and 
‘‘(B) for an unlicensed driver or a driver 
holding a foreign non-commercial driver’s li-
cense, each conviction for operating a commer-
cial motor vehicle.’’. 
SEC. 32206. AUTHORITY TO DISQUALIFY FOREIGN COMMER-
CIAL DRIVERS. 
Section 31310 is amended by adding at the end the 
following: 
‘‘(k) FOREIGN COMMERCIAL DRIVERS.—A foreign 
commercial driver shall be subject to disqualification 
under this section.’’. 
SEC. 32207. REVOCATION OF FOREIGN MOTOR CARRIER OP-
ERATING AUTHORITY FOR FAILURE TO PAY 
CIVIL PENALTIES. 
Section 
13905(d)(2), 
as 
amended 
by 
section 
32103(a) of this Act, is amended by inserting ‘‘foreign 
motor carrier, foreign motor private carrier,’’ after ‘‘reg-
istration of a motor carrier,’’ each place it appears. 
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SEC. 32208. RENTAL TRUCK ACCIDENT STUDY. 
(a) DEFINITIONS.—In this section: 
(1) RENTAL TRUCK.—The term ‘‘rental truck’’ 
means a motor vehicle with a gross vehicle weight 
rating of between 10,000 and 26,000 pounds that is 
made available for rental by a rental truck company. 
(2) RENTAL
TRUCK
COMPANY.—The term 
‘‘rental truck company’’ means a person or company 
that is in the business of renting or leasing rental 
trucks to the public or for private use. 
(b) STUDY.— 
(1) IN GENERAL.—The Secretary shall conduct 
a study of the safety of rental trucks during the 7- 
year period ending on December 31, 2011. 
(2) REQUIREMENTS.—The study conducted 
under paragraph (1) shall— 
(A) evaluate available data on the number 
of crashes, fatalities, and injuries involving 
rental trucks and the cause of such crashes, uti-
lizing police accident reports and other sources; 
(B) estimate the property damage and 
costs resulting from a subset of crashes involv-
ing rental truck operations, which the Secretary 
believes adequately reflect all crashes involving 
rental trucks; 
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(C) analyze State and local laws regulating 
rental truck companies, including safety and in-
spection requirements; 
(D) assess the rental truck maintenance 
programs of a selection of small, medium, and 
large rental truck companies, as selected by the 
Secretary, including the frequency of rental 
truck maintenance inspections, and compare 
such programs with inspection requirements for 
passenger vehicles and commercial motor vehi-
cles; 
(E) include any other information available 
regarding the safety of rental trucks; and 
(F) review any other information that the 
Secretary determines to be appropriate. 
(c) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary shall submit 
a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives that contains— 
(1) the findings of the study conducted pursu-
ant to subsection (b); and 
(2) any recommendations for legislation that 
the Secretary determines to be appropriate. 
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Subtitle C—Driver Safety 
SEC. 32301. ELECTRONIC ON-BOARD RECORDING DEVICES. 
(a) GENERAL AUTHORITY.—Section 31137 is amend-
ed— 
(1) by amending the section heading to read as 
follows: 
‘‘§ 31137. Electronic on-board recording devices and 
brake maintenance regulations’’; 
(2) by redesignating subsection (b) as sub-
section (e); and 
(3) by amending (a) to read as follows: 
‘‘(a) ELECTRONIC
ON-BOARD
RECORDING
DE-
VICES.—Not later than 1 year after the date of enactment 
of the Commercial Motor Vehicle Safety Enhancement Act 
of 2012, the Secretary of Transportation shall prescribe 
regulations— 
‘‘(1) requiring a commercial motor vehicle in-
volved in interstate commerce and operated by a 
driver subject to the hours of service and the record 
of duty status requirements under part 395 of title 
49, Code of Federal Regulations, be equipped with 
an electronic on-board recording device to improve 
compliance by an operator of a vehicle with hours of 
service regulations prescribed by the Secretary; and 
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‘‘(2) ensuring that an electronic on-board re-
cording device is not used to harass a vehicle oper-
ator. 
‘‘(b) ELECTRONIC ON-BOARD RECORDING DEVICE 
REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The regulations prescribed 
under subsection (a) shall— 
‘‘(A) require an electronic on-board record-
ing device— 
‘‘(i) to accurately record commercial 
driver hours of service; 
‘‘(ii) to record the location of a com-
mercial motor vehicle; 
‘‘(iii) to be tamper resistant; and 
‘‘(iv) to be integrally synchronized 
with an engine’s control module; 
‘‘(B) allow law enforcement to access the 
data contained in the device during a roadside 
inspection; and 
‘‘(C) apply to a commercial motor vehicle 
beginning on the date that is 2 years after the 
date that the regulations are published as a 
final rule. 
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‘‘(2) PERFORMANCE
AND
DESIGN
STAND-
ARDS.—The regulations prescribed under subsection 
(a) shall establish performance standards— 
‘‘(A) defining a standardized user interface 
to aid vehicle operator compliance and law en-
forcement review; 
‘‘(B) establishing a secure process for 
standardized— 
‘‘(i) and unique vehicle operator iden-
tification; 
‘‘(ii) data access; 
‘‘(iii) data transfer for vehicle opera-
tors between motor vehicles; 
‘‘(iv) data storage for a motor carrier; 
and 
‘‘(v) data transfer and transportability 
for law enforcement officials; 
‘‘(C) establishing a standard security level 
for an electronic on-board recording device and 
related components to be tamper resistant by 
using a methodology endorsed by a nationally 
recognized standards organization; and 
‘‘(D) identifying each driver subject to the 
hours of service and record of duty status re-
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quirements under part 395 of title 49, Code of 
Federal Regulations. 
‘‘(c) CERTIFICATION CRITERIA.— 
‘‘(1) IN GENERAL.—The regulations prescribed 
by the Secretary under this section shall establish 
the criteria and a process for the certification of an 
electronic on-board recording device to ensure that 
the device meets the performance requirements 
under this section. 
‘‘(2) EFFECT OF NONCERTIFICATION.—An elec-
tronic on-board recording device that is not certified 
in accordance with the certification process referred 
to in paragraph (1) shall not be acceptable evidence 
of hours of service and record of duty status require-
ments under part 395 of title 49, Code of Federal 
Regulations. 
‘‘(d) ELECTRONIC ON-BOARD RECORDING DEVICE 
DEFINED.—In this section, the term ‘electronic on-board 
recording device’ means an electronic device that— 
‘‘(1) is capable of recording a driver’s hours of 
service and duty status accurately and automatically; 
and 
‘‘(2) meets the requirements established by the 
Secretary through regulation.’’. 
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(b) CIVIL
PENALTIES.—Section 30165(a)(1) is 
amended by striking ‘‘or 30141 through 30147’’ and in-
serting ‘‘30141 through 30147, or 31137’’. 
(c) CONFORMING AMENDMENT.—The analysis for 
chapter 311 is amended by striking the item relating to 
section 31137 and inserting the following: 
‘‘31137. Electronic on-board recording devices and brake maintenance regula-
tions.’’. 
SEC. 32302. SAFETY FITNESS. 
(a) SAFETY FITNESS RATING METHODOLOGY.—The 
Secretary shall— 
(1) incorporate into its Compliance, Safety, Ac-
countability program a safety fitness rating method-
ology that assigns sufficient weight to adverse vehi-
cle and driver performance based-data that elevate 
crash risks to warrant an unsatisfactory rating for 
a carrier; and 
(2) ensure that the data to support such assess-
ments is accurate. 
(b) INTERIM MEASURES.—Not later than March 31, 
2012, the Secretary shall take interim measures to imple-
ment a similar safety fitness rating methodology in its cur-
rent safety rating system if the Compliance, Safety, Ac-
countability program is not fully implemented. 
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1119 
SEC. 32303. DRIVER MEDICAL QUALIFICATIONS. 
(a) DEADLINE FOR ESTABLISHMENT OF NATIONAL 
REGISTRY OF MEDICAL EXAMINERS.—Not later than 1 
year after the date of enactment of this Act, the Secretary 
shall establish a national registry of medical examiners in 
accordance with section 31149(d)(1) of title 49, United 
States Code. 
(b) EXAMINATION REQUIREMENT
FOR NATIONAL 
REGISTRY
OF
MEDICAL
EXAMINERS.—Section 
31149(c)(1)(D) is amended to read as follows: 
‘‘(D) not later than 1 year after enactment 
of the Commercial Motor Vehicle Safety En-
hancement Act of 2012, develop requirements 
for a medical examiner to be listed in the na-
tional registry under this section, including— 
‘‘(i) the completion of specific courses 
and materials; 
‘‘(ii) certification, including self-cer-
tification, if the Secretary determines that 
self-certification is necessary for sufficient 
participation in the national registry, to 
verify that a medical examiner completed 
specific 
training, 
including 
refresher 
courses, that the Secretary determines nec-
essary to be listed in the national registry; 
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‘‘(iii) an examination that requires a 
passing grade; and 
‘‘(iv) demonstration of a medical ex-
aminer’s willingness to meet the reporting 
requirements established by the Sec-
retary;’’. 
(c) ADDITIONAL OVERSIGHT
OF LICENSING AU-
THORITIES.— 
(1) IN
GENERAL.—Section 31149(c)(1) is 
amended— 
(A) by amending subparagraph (E) to read 
as follows: 
‘‘(E) require medical examiners to trans-
mit electronically, on at least a monthly basis, 
the name of the applicant, a numerical identi-
fier, and additional information contained on 
the medical examiner’s certificate for any com-
pleted medical examination report required 
under section 391.43 of title 49, Code of Fed-
eral Regulations, to the chief medical exam-
iner;’’; 
(B) in subparagraph (F), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
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‘‘(G) annually review the implementation 
of commercial driver’s license requirements by 
not fewer than 10 States to assess the accu-
racy, validity, and timeliness of— 
‘‘(i) the submission of physical exam-
ination reports and medical certificates to 
State licensing agencies; and 
‘‘(ii) the processing of the submissions 
by State licensing agencies.’’. 
(2) INTERNAL OVERSIGHT POLICY.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, the Sec-
retary shall establish an oversight policy and 
procedure to carry out section 31149(c)(1)(G) 
of title 49, United States Code, as added by 
section 32303(c)(1) of this Act. 
(B) EFFECTIVE DATE.—The amendments 
made by section 32303(c)(1) of this Act shall 
take effect on the date the oversight policies 
and procedures are established pursuant to sub-
paragraph (A). 
(d) ELECTRONIC FILING OF MEDICAL EXAMINATION 
CERTIFICATES.—Section 31311(a), as amended by sec-
tions 32205(b) and 32306(b) of this Act, is amended by 
adding at the end the following: 
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‘‘(24) Not later than 1 year after the date of 
enactment of the Commercial Motor Vehicle Safety 
Enhancement Act of 2012, the State shall establish 
and maintain, as part of its driver information sys-
tem, the capability to receive an electronic copy of 
a medical examiner’s certificate, from a certified 
medical examiner, for each holder of a commercial 
driver’s license issued by the State who operates or 
intends to operate in interstate commerce.’’. 
(e) FUNDING.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—Of 
the funds provided for Data and Technology Grants 
under section 31104(a) of title 49, United States 
Code, there are authorized to be appropriated from 
the Highway Trust Fund (other than the Mass 
Transit Account) for the Secretary to make grants 
to States or an organization representing agencies 
and officials of the States to support development 
costs of the information technology needed to carry 
out section 31311(a)(24) of title 49, United States 
Code— 
(A) up to $1,000,000 for fiscal year 2012; 
and 
(B) up to $1,000,000 for fiscal year 2013. 
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(2) PERIOD OF AVAILABILITY.—The amounts 
made available under this subsection shall remain 
available until expended. 
SEC. 32304. COMMERCIAL DRIVER’S LICENSE NOTIFICA-
TION SYSTEM. 
(a) IN GENERAL.—Section 31304 is amended— 
(1) by striking ‘‘An employer’’ and inserting the 
following: 
‘‘(a) IN GENERAL.—An employer’’; and 
(2) by adding at the end the following: 
‘‘(b) DRIVER VIOLATION RECORDS.— 
‘‘(1) PERIODIC REVIEW.—Except as provided in 
paragraph (3), an employer shall ascertain the driv-
ing record of each driver it employs— 
‘‘(A) by making an inquiry at least once 
every 12 months to the appropriate State agen-
cy in which the driver held or holds a commer-
cial driver’s license or permit during such time 
period; 
‘‘(B) by receiving occurrence-based reports 
of changes in the status of a driver’s record 
from 1 or more driver record notification sys-
tems that meet minimum standards issued by 
the Secretary; or 
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‘‘(C) by a combination of inquiries to 
States and reports from driver record notifica-
tion systems. 
‘‘(2) RECORD KEEPING.—A copy of the reports 
received under paragraph (1) shall be maintained in 
the driver’s qualification file. 
‘‘(3) EXCEPTIONS
TO
RECORD
REVIEW
RE-
QUIREMENT.—Paragraph (1) shall not apply to a 
driver employed by an employer who, in any 7-day 
period, is employed or used as a driver by more than 
1 employer— 
‘‘(A) if the employer obtains the driver’s 
identification number, type, and issuing State 
of the driver’s commercial motor vehicle license; 
or 
‘‘(B) if the information described in sub-
paragraph (A) is furnished by another employer 
and the employer that regularly employs the 
driver meets the other requirements under this 
section. 
‘‘(4) DRIVER
RECORD
NOTIFICATION
SYSTEM 
DEFINED.—In this section, the term ‘driver record 
notification system’ means a system that automati-
cally furnishes an employer with a report, generated 
by the appropriate agency of a State, on the change 
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in the status of an employee’s driver’s license due to 
a conviction for a moving violation, a failure to ap-
pear, an accident, driver’s license suspension, driv-
er’s license revocation, or any other action taken 
against the driving privilege.’’. 
(b) STANDARDS FOR DRIVER RECORD NOTIFICATION 
SYSTEMS.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall issue minimum 
standards for driver notification systems, including stand-
ards for the accuracy, consistency, and completeness of the 
information provided. 
(c) PLAN FOR NATIONAL NOTIFICATION SYSTEM.— 
(1) DEVELOPMENT.—Not later than 2 years 
after the date of enactment of this Act, the Sec-
retary shall develop recommendations and a plan for 
the development and implementation of a national 
driver record notification system, including— 
(A) an assessment of the merits of achiev-
ing a national system by expanding the Com-
mercial Driver’s License Information System; 
and 
(B) an estimate of the fees that an em-
ployer will be charged to offset the operating 
costs of the national system. 
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(2) SUBMISSION TO CONGRESS.—Not later than 
90 days after the recommendations and plan are de-
veloped under paragraph (1), the Secretary shall 
submit a report on the recommendations and plan to 
the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives. 
SEC. 32305. COMMERCIAL MOTOR VEHICLE OPERATOR 
TRAINING. 
(a) IN GENERAL.—Section 31305 is amended by 
adding at the end the following: 
‘‘(c) STANDARDS FOR TRAINING.—Not later than 6 
months after the date of enactment of the Commercial 
Motor Vehicle Safety Enhancement Act of 2012, the Sec-
retary shall issue final regulations establishing minimum 
entry-level training requirements for an individual oper-
ating a commercial motor vehicle— 
‘‘(1) addressing the knowledge and skills that— 
‘‘(A) are necessary for an individual oper-
ating a commercial motor vehicle to safely oper-
ate a commercial motor vehicle; and 
‘‘(B) must be acquired before obtaining a 
commercial driver’s license for the first time or 
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upgrading from one class of commercial driver’s 
license to another class; 
‘‘(2) addressing the specific training needs of a 
commercial motor vehicle operator seeking passenger 
or hazardous materials endorsements, including for 
an operator seeking a passenger endorsement train-
ing— 
‘‘(A) to suppress motorcoach fires; and 
‘‘(B) 
to 
evacuate 
passengers 
from 
motorcoaches safely; 
‘‘(3) requiring effective instruction to acquire 
the knowledge, skills, and training referred to in 
paragraphs (1) and (2), including classroom and be-
hind-the-wheel instruction; 
‘‘(4) requiring certification that an individual 
operating a commercial motor vehicle meets the re-
quirements established by the Secretary; and 
‘‘(5) requiring a training provider (including a 
public or private driving school, motor carrier, or 
owner or operator of a commercial motor vehicle) 
that offers training that results in the issuance of a 
certification to an individual under paragraph (4) to 
demonstrate that the training meets the require-
ments of the regulations, through a process estab-
lished by the Secretary.’’. 
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(b) COMMERCIAL
DRIVER’S
LICENSE
UNIFORM 
STANDARDS.—Section 31308(1) is amended to read as 
follows: 
‘‘(1) an individual issued a commercial driver’s 
license— 
‘‘(A) pass written and driving tests for the 
operation of a commercial motor vehicle that 
comply with the minimum standards prescribed 
by the Secretary under section 31305(a); and 
‘‘(B) present certification of completion of 
driver training that meets the requirements es-
tablished by the Secretary under section 
31305(c);’’. 
(c) CONFORMING AMENDMENT.—The section head-
ing for section 31305 is amended to read as follows: 
‘‘§ 31305. General driver fitness, testing, and train-
ing’’. 
(d) CONFORMING AMENDMENT.—The analysis for 
chapter 313 is amended by striking the item relating to 
section 31305 and inserting the following: 
‘‘31305. General driver fitness, testing, and training.’’. 
SEC. 32306. COMMERCIAL DRIVER’S LICENSE PROGRAM. 
(a) IN GENERAL.—Section 31309 is amended— 
(1) in subsection (e)(4), by amending subpara-
graph (A) to read as follows: 
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‘‘(A) IN GENERAL.—The plan shall speci-
fy— 
‘‘(i) a date by which all States shall 
be operating commercial driver’s license in-
formation systems that are compatible with 
the modernized information system under 
this section; and 
‘‘(ii) that States must use the systems 
to receive and submit conviction and dis-
qualification data.’’; and 
(2) in subsection (f), by striking ‘‘use’’ and in-
serting ‘‘use, subject to section 31313(a),’’. 
(b) REQUIREMENTS FOR STATE PARTICIPATION.— 
Section 31311 is amended— 
(1) in subsection (a), as amended by section 
32205(b) of this Act— 
(A) in paragraph (5), by striking ‘‘At 
least’’ and all that follows through ‘‘regula-
tion),’’ and inserting: ‘‘Not later than the time 
period prescribed by the Secretary by regula-
tion,’’; and 
(B) by adding at the end the following: 
‘‘(23) Not later than 1 year after the date of 
enactment of the Commercial Motor Vehicle Safety 
Enhancement Act of 2012, the State shall imple-
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ment a system and practices for the exclusive elec-
tronic exchange of driver history record information 
on the system the Secretary maintains under section 
31309, including the posting of convictions, with-
drawals, and disqualifications.’’; and 
(2) by adding at the end the following: 
‘‘(d) CRITICAL REQUIREMENTS.— 
‘‘(1) IDENTIFICATION
OF
CRITICAL
REQUIRE-
MENTS.—After reviewing the requirements under 
subsection (a), including the regulations issued pur-
suant to subsection (a) and section 31309(e)(4), the 
Secretary shall identify the requirements that are 
critical to an effective State commercial driver’s li-
cense program. 
‘‘(2) GUIDANCE.—Not later than 180 days 
after the date of enactment of the Commercial 
Motor Vehicle Safety Enhancement Act of 2012, the 
Secretary shall issue guidance to assist States in 
complying with the critical requirements identified 
under paragraph (1). The guidance shall include a 
description of the actions that each State must take 
to collect and share accurate and complete data in 
a timely manner. 
‘‘(e) STATE COMMERCIAL DRIVER’S LICENSE PRO-
GRAM PLAN.— 
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‘‘(1) IN GENERAL.—Not later than 180 days 
after the Secretary issues guidance under subsection 
(d)(2), a State shall submit a plan to the Secretary 
for complying with the requirements under this sec-
tion during the period beginning on the date the 
plan is submitted and ending on September 30, 
2016. 
‘‘(2) CONTENTS.—A plan submitted by a State 
under paragraph (1) shall identify— 
‘‘(A) the actions that the State will take to 
comply with the critical requirements identified 
under subsection (d)(1); 
‘‘(B) the actions that the State will take to 
address any deficiencies in the State’s commer-
cial driver’s license program, as identified by 
the Secretary in the most recent audit of the 
program; and 
‘‘(C) other actions that the State will take 
to comply with the requirements under sub-
section (a). 
‘‘(3) PRIORITY.— 
‘‘(A) 
IMPLEMENTATION
SCHEDULE.—A 
plan submitted by a State under paragraph (1) 
shall include a schedule for the implementation 
of the actions identified under paragraph (2). 
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In establishing the schedule, the State shall 
prioritize the actions identified under para-
graphs (2)(A) and (2)(B). 
‘‘(B) DEADLINE
FOR
COMPLIANCE
WITH 
CRITICAL
REQUIREMENTS.—A plan submitted 
by a State under paragraph (1) shall include 
assurances that the State will take the nec-
essary actions to comply with the critical re-
quirements pursuant to subsection (d) not later 
than September 30, 2015. 
‘‘(4) APPROVAL AND DISAPPROVAL.—The Sec-
retary shall— 
‘‘(A) review each plan submitted under 
paragraph (1); 
‘‘(B) approve a plan that the Secretary de-
termines meets the requirements under this 
subsection and promotes the goals of this chap-
ter; and 
‘‘(C) disapprove a plan that the Secretary 
determines does not meet the requirements or 
does not promote the goals. 
‘‘(5) MODIFICATION OF DISAPPROVED PLANS.— 
If the Secretary disapproves a plan under paragraph 
(4)(C), the Secretary shall— 
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‘‘(A) provide a written explanation of the 
disapproval to the State; and 
‘‘(B) allow the State to modify the plan 
and resubmit it for approval. 
‘‘(6) PLAN UPDATES.—The Secretary may re-
quire a State to review and update a plan, as appro-
priate. 
‘‘(f) ANNUAL COMPARISON OF STATE LEVELS OF 
COMPLIANCE.—The Secretary shall annually— 
‘‘(1) compare the relative levels of compliance 
by States with the requirements under subsection 
(a); and 
‘‘(2) make the results of the comparison avail-
able to the public.’’. 
(c) DECERTIFICATION AUTHORITY.—Section 31312 
is amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) DEADLINE FOR COMPLIANCE WITH CRITICAL 
REQUIREMENTS.—Beginning on October 1, 2016, in mak-
ing a determination under subsection (a), the Secretary 
shall consider a State to be in substantial noncompliance 
with this chapter if the Secretary determines that— 
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‘‘(1) the State is not complying with a critical 
requirement under section 31311(d)(1); and 
‘‘(2) sufficient grant funding was made avail-
able to the State under section 31313(a) to comply 
with the requirement.’’. 
SEC. 32307. COMMERCIAL DRIVER’S LICENSE REQUIRE-
MENTS. 
(a) LICENSING STANDARDS.—Section 31305(a)(7) is 
amended by inserting ‘‘would not be subject to a disquali-
fication under section 31310(g) of this title and’’ after 
‘‘taking the tests’’. 
(b) DISQUALIFICATIONS.—Section 31310(g)(1) is 
amended by deleting ‘‘who holds a commercial driver’s li-
cense and’’. 
SEC. 32308. COMMERCIAL MOTOR VEHICLE DRIVER INFOR-
MATION SYSTEMS. 
Section 31106(c) is amended— 
(1) by striking the subsection heading and in-
serting ‘‘(1) IN GENERAL.—’’; 
(2) by redesignating paragraphs (1) through 
(4) as subparagraphs (A) through (D); and 
(3) by adding at the end the following: 
‘‘(2) ACCESS TO RECORDS.—The Secretary may 
require a State, as a condition of an award of grant 
money under this section, to provide the Secretary 
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access to all State licensing status and driver history 
records via an electronic information system, subject 
to section 2721 of title 18.’’. 
SEC. 32309. DISQUALIFICATIONS BASED ON NON-COMMER-
CIAL MOTOR VEHICLE OPERATIONS. 
(a) FIRST OFFENSE.—Section 31310(b)(1)(D) is 
amended by striking ‘‘commercial’’ after ‘‘revoked, sus-
pended, or canceled based on the individual’s operation of 
a,’’ and before ‘‘motor vehicle’’. 
(b) SECOND OFFENSE.—Section 31310(c)(1)(D) is 
amended by striking ‘‘commercial’’ after ‘‘revoked, sus-
pended, or canceled based on the individual’s operation of 
a,’’ and before ‘‘motor vehicle’’. 
SEC. 32310. FEDERAL DRIVER DISQUALIFICATIONS. 
(a) DISQUALIFICATION DEFINED.—Section 31301, 
as amended by section 32205 of this Act, is amended— 
(1) by redesignating paragraphs (6) through 
(15) as paragraphs (7) through (16), respectively; 
and 
(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) ‘Disqualification’ means— 
‘‘(A) the suspension, revocation, or can-
cellation of a commercial driver’s license by the 
State of issuance; 
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‘‘(B) a withdrawal of an individual’s privi-
lege to drive a commercial motor vehicle by a 
State or other jurisdiction as the result of a vio-
lation of State or local law relating to motor ve-
hicle traffic control, except for a parking, vehi-
cle weight, or vehicle defect violation; 
‘‘(C) a determination by the Secretary that 
an individual is not qualified to operate a com-
mercial motor vehicle; or 
‘‘(D) a determination by the Secretary that 
a commercial motor vehicle driver is unfit under 
section 31144(g).’’. 
(b) COMMERCIAL DRIVER’S LICENSE INFORMATION 
SYSTEM CONTENTS.—Section 31309(b)(1)(F) is amended 
by inserting after ‘‘disqualified’’ the following: ‘‘by the 
State that issued the individual a commercial driver’s li-
cense, or by the Secretary,’’. 
(c) STATE ACTION
ON FEDERAL DISQUALIFICA-
TION.—Section 31310(h) is amended by inserting after 
the first sentence the following: 
‘‘If the State has not disqualified the individual from 
operating a commercial vehicle under subsections (b) 
through (g), the State shall disqualify the individual if the 
Secretary determines under section 31144(g) that the in-
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dividual is disqualified from operating a commercial motor 
vehicle.’’. 
SEC. 32311. EMPLOYER RESPONSIBILITIES. 
Section 31304, as amended by section 32304 of this 
Act, is amended in subsection (a)— 
(1) by striking ‘‘knowingly’’; and 
(2) by striking ‘‘in which’’ and inserting ‘‘that 
the employer knows or should reasonably know 
that’’. 
SEC. 32312. IMPROVING AND EXPEDITING SAFETY ASSESS-
MENTS IN THE COMMERCIAL DRIVER’S LI-
CENSE APPLICATION PROCESS FOR MEM-
BERS 
AND 
FORMER 
MEMBERS 
OF 
THE 
ARMED FORCES. 
(a) STUDY.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary, 
in coordination with the Secretary of Defense, and 
in consultation with the States and other relevant 
stakeholders, shall commence a study to assess Fed-
eral and State regulatory, economic, and administra-
tive challenges faced by members and former mem-
bers of the Armed Forces, who received safety train-
ing and operated qualifying motor vehicles during 
their service, in obtaining commercial driver’s li-
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censes (as defined in section 31301(3) of title 49, 
United States Code). 
(2) REQUIREMENTS.—The study under this 
subsection shall— 
(A) identify written and behind-the-wheel 
safety training, qualification standards, knowl-
edge and skills tests, or other operating experi-
ence members of the Armed Forces must meet 
that satisfy the minimum standards prescribed 
by the Secretary of Transportation for the oper-
ation of commercial motor vehicles under sec-
tion 31305 of title 49, United States Code; 
(B) compare the alcohol and controlled 
substances testing requirements for members of 
the Armed Forces with those required for hold-
ers of a commercial driver’s license; 
(C) evaluate the cause of delays in review-
ing applications for commercial driver’s licenses 
of members and former members of the Armed 
Forces; 
(D) identify duplicative application costs; 
(E) identify residency, domicile, training 
and testing requirements, and other safety or 
health assessments that affect or delay the 
issuance of commercial driver’s licenses to 
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members and former members of the Armed 
Forces; and 
(F) include other factors that the Sec-
retary determines to be appropriate to meet the 
requirements of the study. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the commencement of the study under sub-
section (a), the Secretary shall submit a report to 
the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Fi-
nancial Services of the House of Representatives 
that contains the findings and recommendations 
from the study. 
(2) ELEMENTS.—The report under paragraph 
(1) shall include— 
(A) findings related to the study require-
ments under subsection (a)(2); 
(B) recommendations for the Federal and 
State legislative, regulatory, and administrative 
actions necessary to address challenges identi-
fied in subparagraph (A); and 
(C) a plan to implement the recommenda-
tions for which the Secretary has authority. 
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(c) IMPLEMENTATION.—Upon the completion of the 
report under subsection (b), the Secretary shall implement 
the plan described in subsection (b)(2)(C). 
Subtitle D—Safe Roads Act of 2012 
SEC. 32401. SHORT TITLE. 
This subtitle may be cited as the ‘‘Safe Roads Act 
of 2012’’. 
SEC. 32402. NATIONAL CLEARINGHOUSE FOR CONTROLLED 
SUBSTANCE AND ALCOHOL TEST RESULTS OF 
COMMERCIAL MOTOR VEHICLE OPERATORS. 
(a) IN GENERAL.—Chapter 313 is amended— 
(1) in section 31306(a), by inserting ‘‘and sec-
tion 31306a’’ after ‘‘this section’’; and 
(2) by inserting after section 31306 the fol-
lowing: 
‘‘§ 31306a. National clearinghouse for controlled sub-
stance and alcohol test results of com-
mercial motor vehicle operators 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of enactment of the Safe Roads Act 
of 2012, the Secretary of Transportation shall estab-
lish a national clearinghouse for records relating to 
alcohol and controlled substances testing of commer-
cial motor vehicle operators. 
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‘‘(2) PURPOSES.—The purposes of the clearing-
house shall be— 
‘‘(A) to improve compliance with the De-
partment of Transportation’s alcohol and con-
trolled substances testing program applicable to 
commercial motor vehicle operators; 
‘‘(B) to facilitate access to information 
about an individual before employing the indi-
vidual as a commercial motor vehicle operator; 
‘‘(C) to enhance the safety of our United 
States roadways by reducing accident fatalities 
involving commercial motor vehicles; and 
‘‘(D) to reduce the number of impaired 
commercial motor vehicle operators. 
‘‘(3) CONTENTS.—The clearinghouse shall func-
tion as a repository for records relating to the posi-
tive test results and test refusals of commercial 
motor vehicle operators and violations by such oper-
ators of prohibitions set forth in subpart B of part 
382 of title 49, Code of Federal Regulations (or any 
subsequent corresponding regulations). 
‘‘(4) ELECTRONIC EXCHANGE OF RECORDS.— 
The Secretary shall ensure that records can be elec-
tronically submitted to, and requested from, the 
clearinghouse by authorized users. 
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‘‘(5) AUTHORIZED OPERATOR.—The Secretary 
may authorize a qualified and experienced private 
entity to operate and maintain the clearinghouse and 
to collect fees on behalf of the Secretary under sub-
section (e). The entity shall establish, operate, main-
tain and expand the clearinghouse and permit access 
to driver information and records from the clearing-
house in accordance with this section. 
‘‘(b) DESIGN OF CLEARINGHOUSE.— 
‘‘(1) USE OF FEDERAL MOTOR CARRIER SAFETY 
ADMINISTRATION
RECOMMENDATIONS.—In estab-
lishing the clearinghouse, the Secretary shall con-
sider— 
‘‘(A) the findings and recommendations 
contained in the Federal Motor Carrier Safety 
Administration’s March 2004 report to Con-
gress required under section 226 of the Motor 
Carrier Safety Improvement Act of 1999 (49 
U.S.C. 31306 note); and 
‘‘(B) the findings and recommendations 
contained in the Government Accountability Of-
fice’s May 2008 report to Congress entitled 
‘Motor Carrier Safety: Improvements to Drug 
Testing Programs Could Better Identify Illegal 
Drug Users and Keep Them off the Road.’. 
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‘‘(2) DEVELOPMENT OF SECURE PROCESSES.— 
In establishing the clearinghouse, the Secretary shall 
develop a secure process for— 
‘‘(A) administering and managing the 
clearinghouse in compliance with applicable 
Federal security standards; 
‘‘(B) registering and authenticating au-
thorized users of the clearinghouse; 
‘‘(C) registering and authenticating per-
sons required to report to the clearinghouse 
under subsection (g); 
‘‘(D) preventing the unauthorized access of 
information from the clearinghouse; 
‘‘(E) storing and transmitting data; 
‘‘(F) persons required to report to the 
clearinghouse under subsection (g) to timely 
and accurately submit electronic data to the 
clearinghouse; 
‘‘(G) generating timely and accurate re-
ports from the clearinghouse in response to re-
quests for information by authorized users; and 
‘‘(H) updating an individual’s record upon 
completion of the return-to-duty process de-
scribed in title 49, Code of Federal Regulations. 
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‘‘(3) EMPLOYER ALERT OF POSITIVE TEST RE-
SULT.—In establishing the clearinghouse, the Sec-
retary shall develop a secure method for electroni-
cally notifying an employer of each additional posi-
tive test result or other noncompliance— 
‘‘(A) for an employee, that is entered into 
the clearinghouse during the 7-day period im-
mediately following an employer’s inquiry about 
the employee; and 
‘‘(B) for an employee who is listed as hav-
ing multiple employers. 
‘‘(4) ARCHIVE CAPABILITY.—In establishing the 
clearinghouse, the Secretary shall develop a process 
for archiving all clearinghouse records, including the 
depositing of personal records, records relating to 
each individual in the database, and access requests 
for personal records, for the purposes of— 
‘‘(A) auditing and evaluating the timeli-
ness, accuracy, and completeness of data in the 
clearinghouse; and 
‘‘(B) auditing to monitor compliance and 
enforce penalties for noncompliance. 
‘‘(5) FUTURE NEEDS.— 
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‘‘(A) INTEROPERABILITY
WITH
OTHER 
DATA SYSTEMS.—In establishing the clearing-
house, the Secretary shall consider— 
‘‘(i) the existing data systems con-
taining regulatory and safety data for com-
mercial motor vehicle operators; 
‘‘(ii) the efficacy of using or com-
bining clearinghouse data with 1 or more 
of such systems; and 
‘‘(iii) the potential interoperability of 
the clearinghouse with such systems. 
‘‘(B) SPECIFIC CONSIDERATIONS.—In car-
rying out subparagraph (A), the Secretary shall 
determine— 
‘‘(i) the clearinghouse’s capability for 
interoperability with— 
‘‘(I) the National Driver Register 
established under section 30302; 
‘‘(II) the Commercial Driver’s Li-
cense Information System established 
under section 31309; 
‘‘(III) the Motor Carrier Manage-
ment Information System for pre-
employment screening services under 
section 31150; and 
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‘‘(IV) other data systems, as ap-
propriate; and 
‘‘(ii) any change to the administration 
of the current testing program, such as 
forms, that is necessary to collect data for 
the clearinghouse. 
‘‘(c) STANDARD FORMATS.—The Secretary shall de-
velop standard formats to be used— 
‘‘(1) by an authorized user of the clearinghouse 
to— 
‘‘(A) request a record from the clearing-
house; and 
‘‘(B) obtain the consent of an individual 
who is the subject of a request from the clear-
inghouse, if applicable; and 
‘‘(2) to notify an individual that a positive alco-
hol or controlled substances test result, refusing to 
test, and a violation of any of the prohibitions under 
subpart B of part 382 of title 49, Code of Federal 
Regulations (or any subsequent corresponding regu-
lations), will be reported to the clearinghouse. 
‘‘(d) PRIVACY.—A release of information from the 
clearinghouse shall— 
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‘‘(1) comply with applicable Federal privacy 
laws, including the fair information practices under 
the Privacy Act of 1974 (5 U.S.C. 552a); 
‘‘(2) comply with applicable sections of the Fair 
Credit Reporting Act (15 U.S.C. 1681 et seq.); and 
‘‘(3) not be made to any person or entity unless 
expressly authorized or required by law. 
‘‘(e) FEES.— 
‘‘(1) AUTHORITY TO COLLECT FEES.—Except 
as provided under paragraph (3), the Secretary may 
collect a reasonable, customary, and nominal fee 
from an authorized user of the clearinghouse for a 
request for information from the clearinghouse. 
‘‘(2) USE OF FEES.—Fees collected under this 
subsection shall be used for the operation and main-
tenance of the clearinghouse. 
‘‘(3) LIMITATION.—The Secretary may not col-
lect a fee from an individual requesting information 
from the clearinghouse that pertains to the record of 
that individual. 
‘‘(f) EMPLOYER REQUIREMENTS.— 
‘‘(1) DETERMINATION
CONCERNING
USE
OF 
CLEARINGHOUSE.—The Secretary shall determine if 
an employer is authorized to use the clearinghouse 
to meet the alcohol and controlled substances testing 
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‘‘(B)(i) did not refuse to take an alcohol or 
controlled substance test under title 49, Code of 
Federal Regulations; or 
‘‘(ii) refused to take an alcohol or con-
trolled substance test and completed the 
required return-to-duty process under title 
49, Code of Federal Regulations; and 
‘‘(C) did not violate any other provision of 
subpart B of part 382 of title 49, Code of Fed-
eral Regulations (or any subsequent cor-
responding regulations). 
‘‘(4) ANNUAL
REVIEW.—Beginning 30 days 
after the date that the clearinghouse is established 
under subsection (a), an employer shall request and 
review a commercial motor vehicle operator’s record 
from the clearinghouse annually for as long as the 
commercial motor vehicle operator is under the em-
ploy of the employer. 
‘‘(g) REPORTING OF RECORDS.— 
‘‘(1) IN GENERAL.—Beginning 30 days after 
the date that the clearinghouse is established under 
subsection (a), a medical review officer, employer, 
service agent, and other appropriate person, as de-
termined by the Secretary, shall promptly submit to 
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the Secretary any record generated after the clear-
inghouse is initiated of an individual who— 
‘‘(A) refuses to take an alcohol or con-
trolled substances test required under title 49, 
Code of Federal Regulations; 
‘‘(B) tests positive for alcohol or a con-
trolled substance in violation of the regulations; 
or 
‘‘(C) violates any other provision of sub-
part B of part 382 of title 49, Code of Federal 
Regulations (or any subsequent corresponding 
regulations). 
‘‘(2) INCLUSION
OF
RECORDS
IN
CLEARING-
HOUSE.—The Secretary shall include in the clearing-
house the records of positive test results and test re-
fusals received under paragraph (1). 
‘‘(3) MODIFICATIONS AND DELETIONS.—If the 
Secretary determines that a record contained in the 
clearinghouse is not accurate, the Secretary shall 
modify or delete the record, as appropriate. 
‘‘(4) NOTIFICATION.—The Secretary shall expe-
ditiously notify an individual, unless such notifica-
tion would be duplicative, when— 
‘‘(A) a record relating to the individual is 
received by the clearinghouse; 
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‘‘(B) a record in the clearinghouse relating 
to the individual is modified or deleted, and in-
clude in the notification the reason for the 
modification or deletion; or 
‘‘(C) a record in the clearinghouse relating 
to the individual is released to an employer and 
specify the reason for the release. 
‘‘(5) DATA QUALITY AND SECURITY STANDARDS 
FOR
REPORTING
AND
RELEASING.—The Secretary 
may establish additional requirements, as appro-
priate, to ensure that— 
‘‘(A) the submission of records to the 
clearinghouse is timely and accurate; 
‘‘(B) the release of data from the clearing-
house is timely, accurate, and released to the 
appropriate authorized user under this section; 
and 
‘‘(C) an individual with a record in the 
clearinghouse has a cause of action for any in-
appropriate use of information included in the 
clearinghouse. 
‘‘(6) RETENTION OF RECORDS.—The Secretary 
shall— 
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‘‘(A) retain a record submitted to the 
clearinghouse for a 5-year period beginning on 
the date the record is submitted; 
‘‘(B) remove the record from the clearing-
house at the end of the 5-year period, unless 
the individual fails to meet a return-to-duty or 
follow-up requirement under title 49, Code of 
Federal Regulations; and 
‘‘(C) retain a record after the end of the 
5-year period in a separate location for 
archiving and auditing purposes. 
‘‘(h) AUTHORIZED USERS.— 
‘‘(1) EMPLOYERS.—The Secretary shall estab-
lish a process for an employer to request and receive 
an individual’s record from the clearinghouse. 
‘‘(A) CONSENT.—An employer may not ac-
cess an individual’s record from the clearing-
house unless the employer— 
‘‘(i) obtains the prior written or elec-
tronic consent of the individual for access 
to the record; and 
‘‘(ii) submits proof of the individual’s 
consent to the Secretary. 
‘‘(B) ACCESS TO RECORDS.—After receiv-
ing a request from an employer for an individ-
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ual’s record under subparagraph (A), the Sec-
retary shall grant access to the individual’s 
record to the employer as expeditiously as prac-
ticable. 
‘‘(C) 
RETENTION
OF
RECORD
RE-
QUESTS.—The Secretary shall require an em-
ployer to retain for a 3-year period— 
‘‘(i) a record of each request made by 
the employer for records from the clearing-
house; and 
‘‘(ii) the information received pursu-
ant to the request. 
‘‘(D) USE
OF
RECORDS.—An employer 
may use an individual’s record received from 
the clearinghouse only to assess and evaluate 
the qualifications of the individual to operate a 
commercial motor vehicle for the employer. 
‘‘(E) PROTECTION OF PRIVACY OF INDI-
VIDUALS.—An employer that receives an indi-
vidual’s record from the clearinghouse under 
subparagraph (B) shall— 
‘‘(i) protect the privacy of the indi-
vidual and the confidentiality of the record; 
and 
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‘‘(ii) ensure that information con-
tained in the record is not divulged to a 
person or entity that is not directly in-
volved in assessing and evaluating the 
qualifications of the individual to operate a 
commercial motor vehicle for the employer. 
‘‘(2) STATE
LICENSING
AUTHORITIES.—The 
Secretary shall establish a process for the chief com-
mercial driver’s licensing official of a State to re-
quest and receive an individual’s record from the 
clearinghouse if the individual is applying for a com-
mercial driver’s license from the State. 
‘‘(A) CONSENT.—The Secretary may grant 
access to an individual’s record in the clearing-
house under this paragraph without the prior 
written or electronic consent of the individual. 
An individual who holds a commercial driver’s 
license shall be deemed to consent to such ac-
cess by obtaining a commercial driver’s license. 
‘‘(B) PROTECTION OF PRIVACY OF INDI-
VIDUALS.—A chief commercial driver’s licensing 
official of a State that receives an individual’s 
record from the clearinghouse under this para-
graph shall— 
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‘‘(i) protect the privacy of the indi-
vidual and the confidentiality of the record; 
and 
‘‘(ii) ensure that the information in 
the record is not divulged to any person 
that is not directly involved in assessing 
and evaluating the qualifications of the in-
dividual to operate a commercial motor ve-
hicle. 
‘‘(3) 
NATIONAL
TRANSPORTATION
SAFETY 
BOARD.—The Secretary shall establish a process for 
the National Transportation Safety Board to request 
and receive an individual’s record from the clearing-
house if the individual is involved in an accident that 
is under investigation by the National Transpor-
tation Safety Board. 
‘‘(A) CONSENT.—The Secretary may grant 
access to an individual’s record in the clearing-
house under this paragraph without the prior 
written or electronic consent of the individual. 
An individual who holds a commercial driver’s 
license shall be deemed to consent to such ac-
cess by obtaining a commercial driver’s license. 
‘‘(B) PROTECTION OF PRIVACY OF INDI-
VIDUALS.—An official of the National Trans-
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1156 
portation Safety Board that receives an individ-
ual’s record from the clearinghouse under this 
paragraph shall— 
‘‘(i) protect the privacy of the indi-
vidual and the confidentiality of the record; 
and 
‘‘(ii) unless the official determines 
that the information in the individual’s 
record should be reported under section 
1131(e), ensure that the information in the 
record is not divulged to any person that 
is not directly involved with investigating 
the accident. 
‘‘(4) ADDITIONAL
AUTHORIZED
USERS.—The 
Secretary shall consider whether to grant access to 
the clearinghouse to additional users. The Secretary 
may authorize access to an individual’s record from 
the clearinghouse to an additional user if the Sec-
retary determines that granting access will further 
the purposes under subsection (a)(2). In determining 
whether the access will further the purposes under 
subsection (a)(2), the Secretary shall consider, 
among other things— 
‘‘(A) what use the additional user will 
make of the individual’s record; 
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‘‘(B) the costs and benefits of the use; and 
‘‘(C) how to protect the privacy of the indi-
vidual and the confidentiality of the record. 
‘‘(i) ACCESS TO CLEARINGHOUSE BY INDIVIDUALS.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a process for an individual to request and re-
ceive information from the clearinghouse— 
‘‘(A) to determine whether the clearing-
house contains a record pertaining to the indi-
vidual; 
‘‘(B) to verify the accuracy of a record; 
‘‘(C) to update an individual’s record, in-
cluding completing the return-to-duty process 
described in title 49, Code of Federal Regula-
tions; and 
‘‘(D) to determine whether the clearing-
house received requests for the individual’s in-
formation. 
‘‘(2) DISPUTE
PROCEDURE.—The Secretary 
shall establish a procedure, including an appeal 
process, for an individual to dispute and remedy an 
administrative error in the individual’s record. 
‘‘(j) PENALTIES.— 
‘‘(1) IN
GENERAL.—An employer, employee, 
medical review officer, or service agent who violates 
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1158 
any provision of this section shall be subject to civil 
penalties under section 521(b)(2)(C) and criminal 
penalties under section 521(b)(6)(B), and any other 
applicable civil and criminal penalties, as determined 
by the Secretary. 
‘‘(2) VIOLATION OF PRIVACY.—The Secretary 
shall establish civil and criminal penalties, consistent 
with paragraph (1), for an authorized user who vio-
lates paragraph (2)(B) or (3)(B) of subsection (h). 
‘‘(k) COMPATIBILITY OF STATE AND LOCAL LAWS.— 
‘‘(1) PREEMPTION.—Except as provided under 
paragraph (2), any law, regulation, order, or other 
requirement of a State, political subdivision of a 
State, or Indian tribe related to a commercial driv-
er’s license holder subject to alcohol or controlled 
substance testing under title 49, Code of Federal 
Regulations, that is inconsistent with this section or 
a regulation issued pursuant to this section is pre-
empted. 
‘‘(2) APPLICABILITY.—The preemption under 
paragraph (1) shall include— 
‘‘(A) the reporting of valid positive results 
from alcohol screening tests and drug tests; 
‘‘(B) the refusal to provide a specimen for 
an alcohol screening test or drug test; and 
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‘‘(C) other violations of subpart B of part 
382 of title 49, Code of Federal Regulations (or 
any subsequent corresponding regulations). 
‘‘(3) EXCEPTION.—A law, regulation, order, or 
other requirement of a State, political subdivision of 
a State, or Indian tribe shall not be preempted 
under this subsection to the extent it relates to an 
action taken with respect to a commercial motor ve-
hicle operator’s commercial driver’s license or driv-
ing record as a result of the driver’s— 
‘‘(A) verified positive alcohol or drug test 
result; 
‘‘(B) refusal to provide a specimen for the 
test; or 
‘‘(C) other violations of subpart B of part 
382 of title 49, Code of Federal Regulations (or 
any subsequent corresponding regulations). 
‘‘(l) DEFINITIONS.—In this section— 
‘‘(1) AUTHORIZED
USER.—The term ‘author-
ized user’ means an employer, State licensing au-
thority, National Transportation Safety Board, or 
other person granted access to the clearinghouse 
under subsection (h). 
‘‘(2) CHIEF COMMERCIAL DRIVER’S LICENSING 
OFFICIAL.—The term ‘chief commercial driver’s li-
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censing official’ means the official in a State who is 
authorized to— 
‘‘(A) maintain a record about commercial 
driver’s licenses issued by the State; and 
‘‘(B) take action on commercial driver’s li-
censes issued by the State. 
‘‘(3) CLEARINGHOUSE.—The term ‘clearing-
house’ means the clearinghouse established under 
subsection (a). 
‘‘(4) COMMERCIAL
MOTOR
VEHICLE
OPER-
ATOR.—The term ‘commercial motor vehicle oper-
ator’ means an individual who— 
‘‘(A) possesses a valid commercial driver’s 
license issued in accordance with section 31308; 
and 
‘‘(B) is subject to controlled substances 
and alcohol testing under title 49, Code of Fed-
eral Regulations. 
‘‘(5) EMPLOYER.—The term ‘employer’ means 
a person or entity employing, or seeking to employ, 
1 or more employees (including an individual who is 
self-employed) to be commercial motor vehicle opera-
tors. 
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