U.S. Congress - Text of S.1449 as Reported in Senate Motor Vehicle and Highway Safety Improvement Act of 2011
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Donate NowS.1449 - Motor Vehicle and Highway Safety Improvement Act of 2011
A bill to authorize the appropriation of funds for highway safety programs and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in Senate | 21,495 | n/a | n/a |
| Reported in Senate | 43,369 | 136 Show Changes Hide Changes | 15% |
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S 1449 IS 112th CONGRESS
Calendar No. 548CommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 1449CommentsClose CommentsPermalink
To authorize the appropriation of funds for highway safety programs and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
July 29, 2011CommentsClose CommentsPermalink
July 29, 2011CommentsClose CommentsPermalink
Mr. PRYOR (for himself, Mr. ROCKEFELLER, Ms. KLOBUCHAR, Mr. UDALL of New Mexico, and Mrs. GILLIBRAND, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink
November 14, 2012CommentsClose CommentsPermalink
November 14, 2012CommentsClose CommentsPermalink
Reported by Mr. ROCKEFELLER, with an amendmentCommentsClose CommentsPermalink
[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink
[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To authorize the appropriation of funds for highway safety programs and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Motor Vehicle and Highway Safety Improvement Act of 2011’ or ‘Mariah’s Act’. CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows: CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents. CommentsClose CommentsPermalink
Sec. 2. Definition. CommentsClose CommentsPermalink
TITLE I--HIGHWAY SAFETY
Sec. 101. Authorization of appropriations. CommentsClose CommentsPermalink
Sec. 102. Highway safety programs. CommentsClose CommentsPermalink
Sec. 103. Highway safety research and development. CommentsClose CommentsPermalink
Sec. 104. National driver register. CommentsClose CommentsPermalink
Sec. 105. Combined occupant protection grants. CommentsClose CommentsPermalink
Sec. 106. State traffic safety information system improvements. CommentsClose CommentsPermalink
Sec. 107. Impaired driving countermeasures. CommentsClose CommentsPermalink
Sec. 108. Distracted driving grants. CommentsClose CommentsPermalink
Sec. 109. High visibility enforcement program. CommentsClose CommentsPermalink
Sec. 110. Motorcyclist safety. CommentsClose CommentsPermalink
Sec. 111. Driver alcohol detection system for safety research. CommentsClose CommentsPermalink
Sec. 112. State graduated driver licensing laws. CommentsClose CommentsPermalink
Sec. 113. Agency accountability. CommentsClose CommentsPermalink
Sec. 114. Emergency medical services. CommentsClose CommentsPermalink
TITLE II--ENHANCED SAFETY AUTHORITIES
Sec. 201. Definition of motor vehicle equipment. CommentsClose CommentsPermalink
Sec. 202. Permit reminder system for non-use of safety belts. CommentsClose CommentsPermalink
Sec. 203. Civil penalties. CommentsClose CommentsPermalink
Sec. 204. Motor vehicle safety research and development. CommentsClose CommentsPermalink
Sec. 205. Odometer requirements definition. CommentsClose CommentsPermalink
Sec. 206. Electronic disclosures of odometer information. CommentsClose CommentsPermalink
Sec. 207. Increased penalties and damages for odometer fraud. CommentsClose CommentsPermalink
Sec. 208. Extend prohibitions on importing noncompliant vehicles and equipment to defective vehicles and equipment. CommentsClose CommentsPermalink
Sec. 209. Financial responsibility requirements for importers. CommentsClose CommentsPermalink
Sec. 210. Conditions on importation of vehicles and equipment. CommentsClose CommentsPermalink
Sec. 211. Port inspections; samples for examination or testing. CommentsClose CommentsPermalink
TITLE III--TRANSPARENCY AND ACCOUNTABILITY
Sec. 301. Improved NHTSAational Highway Traffic Safety Administration vehicle safety database. CommentsClose CommentsPermalink
Sec. 302. NHTSAational Highway Traffic Safety Administration hotline for manufacturer, dealer, and mechanic personnel. CommentsClose CommentsPermalink
Sec. 303. Consumer notice of software updates and other communications with dealers. CommentsClose CommentsPermalink
Sec. 304. Public availability of early warning data. CommentsClose CommentsPermalink
Sec. 305. Corporate responsibility for NHTSA ational Highway Traffic Safety Administration reports. CommentsClose CommentsPermalink
Sec. 306. Passenger motor vehicle information program. CommentsClose CommentsPermalink
Sec. 307. Promotion of vehicle defect reporting. CommentsClose CommentsPermalink
Sec. 308. Whistleblower protections for motor vehicle manufacturers, part suppliers, and dealership employees. CommentsClose CommentsPermalink
Sec. 309. Activities to promote motor vehicle and highway safety.Sec. 310. Anti-revolving door. CommentsClose CommentsPermalink
Sec. 3110. Study of crash data collection. CommentsClose CommentsPermalink
Sec. 3121. Update means of providing notification; improving efficacy of recalls. CommentsClose CommentsPermalink
Sec. 3132. Expanding choices of remedy available to manufacturers of replacement equipment. CommentsClose CommentsPermalink
Sec. 3143. Recall obligations and bankruptcy of manufacturer. CommentsClose CommentsPermalink
Sec. 3154. Repeal of insurance reports and information provision. CommentsClose CommentsPermalink
Sec. 3165. Monroney sticker to permit additional safety rating categories. CommentsClose CommentsPermalink
TITLE IV--VEHICLE ELECTRONICS AND SAFETY STANDARDS
Sec. 401. NHTSAational Highway Traffic Safety Administration electronics, software, and engineering expertise. CommentsClose CommentsPermalink
Sec. 402. Vehicle stopping distance and brake override standard. CommentsClose CommentsPermalink
Sec. 403. Pedal placement standard. CommentsClose CommentsPermalink
Sec. 404. Electronic systems performance standard. CommentsClose CommentsPermalink
Sec. 405. Pushbutton ignition systems standard. CommentsClose CommentsPermalink
Sec. 406. Vehicle event data recorders. CommentsClose CommentsPermalink
Sec. 407. Prohibition on electronic visual entertainment in driver’s view. CommentsClose CommentsPermalink
TITLE V--CHILD SAFETY STANDARDS
Sec. 501. Child safety seats. CommentsClose CommentsPermalink
Sec. 502. Child restraint anchorage systems. CommentsClose CommentsPermalink
Sec. 503. Rear seat belt reminders. CommentsClose CommentsPermalink
Sec. 504. Unattended passenger reminders. CommentsClose CommentsPermalink
Sec. 505. New deadline. CommentsClose CommentsPermalink
TITLE VI--IMPROVED DAYTIME AND NIGHTTIME VISIBILITY OF AGRICULTURAL EQUIPMENT
Sec. 601. Rulemaking on visibility of agricultural equipment. CommentsClose CommentsPermalink
SEC. 2. DEFINITION.
In this Act, the term ‘Secretary’ means the Secretary of Transportation. CommentsClose CommentsPermalink
TITLE I--HIGHWAY SAFETY
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TITLE I--HIGHWAY SAFETY CommentsClose CommentsPermalink
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): CommentsClose CommentsPermalink
(1) HIGHWAY SAFETY PROGRAMS- For carrying out
(A) $243,000,000 for fiscal year 2012; and CommentsClose CommentsPermalink
(B) $243,000,000 for fiscal year 2013. CommentsClose CommentsPermalink
(2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT- For carrying out
(A) $130,000,000 for fiscal year 2012; and CommentsClose CommentsPermalink
(B) $139,000,000 for fiscal year 2013. CommentsClose CommentsPermalink
(3) COMBINED OCCUPANT PROTECTION GRANTS- For carrying out
(A) $44,000,000 for fiscal year 2012; and CommentsClose CommentsPermalink
(B) $44,000,000 for fiscal year 2013. CommentsClose CommentsPermalink
(4) STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS- For carrying out
(A) $44,000,000 for fiscal year 2012; and CommentsClose CommentsPermalink
(B) $44,000,000 for fiscal year 2013. CommentsClose CommentsPermalink
(5) IMPAIRED DRIVING COUNTERMEASURES- For carrying out
(A) $139,000,000 for fiscal year 2012; and CommentsClose CommentsPermalink
(B) $139,000,000 for fiscal year 2013. CommentsClose CommentsPermalink
(6) DISTRACTED DRIVING GRANTS- For carrying out
(A) $39,000,000 for fiscal year 2012; and CommentsClose CommentsPermalink
(B) $39,000,000 for fiscal year 2013. CommentsClose CommentsPermalink
(7) NATIONAL DRIVER REGISTER- For the National Highway Traffic Safety Administration to carry out chapter 303 of title 49, United States Code-- CommentsClose CommentsPermalink
(A) $5,000,000 for fiscal year 2012; and CommentsClose CommentsPermalink
(B) $5,000,000 for fiscal year 2013. CommentsClose CommentsPermalink
(8) HIGH VISIBILITY ENFORCEMENT PROGRAM- For carrying out section 2009 of SAFETEA-LU (
(A) $37,000,000 for fiscal year 2012; and CommentsClose CommentsPermalink
(B) $37,000,000 for fiscal year 2013. CommentsClose CommentsPermalink
(9) MOTORCYCLIST SAFETY- For carrying out section 2010 of SAFETEA-LU (
(A) $6,000,000 for fiscal year 2012; and CommentsClose CommentsPermalink
(B) $6,000,000 for fiscal year 2013. CommentsClose CommentsPermalink
(10) ADMINISTRATIVE EXPENSES- For administrative and related operating expenses of the National Highway Traffic Safety Administration in carrying out chapter 4 of title 23, United States Code, and this title-- CommentsClose CommentsPermalink
(A) $25,581,280 for fiscal year 2012; and CommentsClose CommentsPermalink
(B) $25,862,674 for fiscal year 2013. CommentsClose CommentsPermalink
(11) DRIVER ALCOHOL DETECTION SYSTEM FOR SAFETY RESEARCH- For carrying out
(A) $12,000,000 for fiscal year 2012; and CommentsClose CommentsPermalink
(B) $12,000,000 for fiscal year 2013. CommentsClose CommentsPermalink
(12) STATE GRADUATED DRIVER LICENSING LAWS- For carrying out
(A) $22,000,000 for fiscal year 2012; and CommentsClose CommentsPermalink
(B) $22,000,000 for fiscal year 2013. CommentsClose CommentsPermalink
(b) Prohibition on Other Uses- Except as otherwise provided in chapter 4 of title 23, United States Code, in this title, and in the amendments made by this title, the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a program under such chapter-- CommentsClose CommentsPermalink
(1) shall only be used to carry out such program; and CommentsClose CommentsPermalink
(2) may not be used by a States or local governments for construction purposes. CommentsClose CommentsPermalink
(c) Applicability of Title 23- Except as otherwise provided in chapter 4 of title 23, United States Code, and in this title, amounts made available under subsection (a) for fiscal years 2012 and 2013 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. CommentsClose CommentsPermalink
(d) Regulatory Authority- Grants awarded under this title shall be in accordance with regulations issued by the Secretary. CommentsClose CommentsPermalink
(e) State Matching Requirements- If a grant awarded under this title requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during any fiscal year by the State and its political subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any project under this title (other than planning or administration) without regard to whether such expenditures were actually made in connection with such project. CommentsClose CommentsPermalink
(f) Maintenance of Effort- CommentsClose CommentsPermalink
(1) REQUIREMENT- No grant may be made to a State under section 405, 408, or 410 of title 23, United States Code, in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all State and local sources for programs described in such sections at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of this Act. CommentsClose CommentsPermalink
(2) WAIVER- Upon the request of a State, the Secretary may waive or modify the requirements under paragraph (1) for not more than 1 fiscal year if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances. CommentsClose CommentsPermalink
(g) Transfers- In each fiscal year, the Secretary may transfer any amounts remaining available under paragraphs (3), (4), (5), (6), (9), (11), and (12) of subsection (a) to the amounts made available under any other of such paragraphs or for purposes authorized under chapter 301 of title 49, United States Code,paragraph (1) or any other of such paragraphs in order to ensure, to the maximum extent possible, that all funds are obligated. CommentsClose CommentsPermalink
(h) Grant Application and Deadline- To receive a grant under this title, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year. CommentsClose CommentsPermalink
(i) Allocation Tto Support State Distracted Driving Laws- Of the amounts available under subsection (a)(76) for distracted driving grants, the Secretary may expend, in each fiscal year, up to $5,000,000 for the development and placement of broadcast media to support the enforcement of State distracted driving laws. CommentsClose CommentsPermalink
SEC. 102. HIGHWAY SAFETY PROGRAMS.
(a) Programs Included-
‘(a) Program Required- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Each State shall have a highway safety program, approved by the Secretary, that is designed to reduce traffic accidents and the resulting deaths, injuries, and property damage. CommentsClose CommentsPermalink
‘(2) UNIFORM GUIDELINES- Programs required under paragraph (1) shall comply with uniform guidelines, promulgated by the Secretary and expressed in terms of performance criteria, that-- CommentsClose CommentsPermalink
‘(A) include programs-- CommentsClose CommentsPermalink
‘(i) to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits; CommentsClose CommentsPermalink
‘(ii) to encourage the proper use of occupant protection devices (including the use of safety belts and child restraint systems) by occupants of motor vehicles; CommentsClose CommentsPermalink
‘(iii) to reduce deaths and injurieinjuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance; CommentsClose CommentsPermalink
‘(iv) to prevent accidents and reduce deaths and injurieinjuries and deaths resulting from accidents involving motor vehicles and motorcycles; CommentsClose CommentsPermalink
‘(v) to reduce injuries and deaths resulting from accidents involving school buses; CommentsClose CommentsPermalink
‘(vi) to reduce accidents resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles); and CommentsClose CommentsPermalink
‘(vii) to improve law enforcement services in motor vehicle accident prevention, traffic supervision, and post-accident procedures; CommentsClose CommentsPermalink
‘(B) improve driver performance, including-- CommentsClose CommentsPermalink
‘(i) driver education; CommentsClose CommentsPermalink
‘(ii) driver testing to determine proficiency to operate motor vehicles; and CommentsClose CommentsPermalink
‘(iii) driver examinations (physical, mental, and driver licensing); CommentsClose CommentsPermalink
‘(C) improve pedestrian performance and bicycle safety; CommentsClose CommentsPermalink
‘(D) include provisions for-- CommentsClose CommentsPermalink
‘(i) an effective record system of accidents (including resulting injuries and deaths); CommentsClose CommentsPermalink
‘(ii) accident investigations to determine the probable causes of accidents, injuries, and deaths; CommentsClose CommentsPermalink
‘(iii) vehicle registration, operation, and inspection; and CommentsClose CommentsPermalink
‘(iv) emergency services; and CommentsClose CommentsPermalink
‘(E) to the extent determined appropriate by the Secretary, are applicable to federally administered areas where a Federal department or agency controls the highways or supervises traffic operations.’. CommentsClose CommentsPermalink
(b) Administration of State Programs-
(1) in subparagraph (D), by striking ‘and’ at the end; CommentsClose CommentsPermalink
(2) by redesignating subparagraph (E) as subparagraph (F); CommentsClose CommentsPermalink
(3) by inserting after clausesubparagraph (D) the following: CommentsClose CommentsPermalink
‘(E) beginning on October 1, 2012, provide for a robust, data-driven traffic safety enforcement program to prevent traffic violations, crashes, and crash fatalities and injuries in areas most at risk for such incidents, to the satisfaction of the Secretary;’; and CommentsClose CommentsPermalink
(4) in subparagraph (F), as redesignated-- CommentsClose CommentsPermalink
(A) in clause (i), by inserting ‘and high-visibility law enforcement mobilizations coordinated by the Secretary’ after ‘mobilizations’; CommentsClose CommentsPermalink
(B) in clause (iii), by striking ‘and’ at the end; CommentsClose CommentsPermalink
(C) in clause (iv), by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink
(D) by adding at the end the following: CommentsClose CommentsPermalink
‘(v) ensuring that the State will coordinate its highway safety plan, data collection, and information systems with the State strategic highway safety plan (as defined in section 148(a)).’. CommentsClose CommentsPermalink
(c) Approved Highway Safety Programs-
(1) by striking ‘(c) Funds authorized’ and inserting the following: CommentsClose CommentsPermalink
‘(c) Use of Funds- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Funds authorized’; CommentsClose CommentsPermalink
(2) by striking ‘Such funds’ and inserting the following: CommentsClose CommentsPermalink
‘(2) APPORTIONMENT- Except for amounts identified in subsection (l) and section 403(e), funds described in paragraph (1)’; CommentsClose CommentsPermalink
(3) by striking ‘The Secretary shall not’ and all that follows through ‘subsection, a highway safety program’ and inserting ‘A highway safety program’; CommentsClose CommentsPermalink
(4) by inserting ‘A State may use the funds apportioned under this section, in cooperation with neighboring States, for highway safety programs or related projects that may confer benefits on such neighboring States.’ after ‘in every State.’; CommentsClose CommentsPermalink
(5) by striking ‘50 per centum’ and inserting ‘20 percent’; and CommentsClose CommentsPermalink
(6) by striking ‘The Secretary shall promptly’ and all that follows and inserting the following: CommentsClose CommentsPermalink
‘(3) REAPPORTIONMENT- The Secretary shall promptly apportion the funds withheld from a State’s apportionment to the State if the Secretary approves the State’s highway safety program or determines that the State has begun implementing an approved program, as appropriate, not later than July 31st of the fiscal year for which the funds were withheld. If the Secretary determines that the State did not correct its failure within such period, the Secretary shall reapportion the withheld funds to the other States in accordance with the formula specified in paragraph (2) not later than the last day of the fiscal year.’. CommentsClose CommentsPermalink
(d) Use of Highway Safety Program Funds-
‘(g) Savings Provision- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Except as provided under paragraph (2), nothing in this section may be construed to authorize the appropriation or expenditure of funds for-- CommentsClose CommentsPermalink
‘(A) highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines); or CommentsClose CommentsPermalink
‘(B) any purpose for which funds are authorized by section 403. CommentsClose CommentsPermalink
‘(2) DEMONSTRATION PROJECTS- A State may use funds made available to carry out this section to assist in demonstration projects carried out by the Secretary under section 403.’. CommentsClose CommentsPermalink
(e) In General-
(1) by striking subsections (k) and (m); CommentsClose CommentsPermalink
(2) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively; and CommentsClose CommentsPermalink
(3) by redesignating subsection (l) as subsection (j). CommentsClose CommentsPermalink
(f) Highway Safety Plan and Reporting Requirements-
‘(k) Highway Safety Plan and Reporting Requirements- CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary shall require each State to develop and submit to the Secretary a highway safety plan that complies with the requirements under this subsection not later than July 1, 2012, and annually thereafter. CommentsClose CommentsPermalink
‘(2) CONTENTS- State highway safety plans submitted under paragraph (1) shall include-- CommentsClose CommentsPermalink
‘(A) performance measures required by the Secretary or otherwise necessary to support additional State safety goals, including-- CommentsClose CommentsPermalink
‘(i) documentation of current safety levels for each performance measure; CommentsClose CommentsPermalink
‘(ii) quantifiable annual performance targets for each performance measure; and CommentsClose CommentsPermalink
‘(iii) a justification for each performance target; CommentsClose CommentsPermalink
‘(B) a strategy for programming funds apportioned to the State under this section on projects and activities that will allow the State to meet the performance targets described in subparagraph (A); CommentsClose CommentsPermalink
‘(C) data and data analysis supporting the effectiveness of proposed countermeasures; CommentsClose CommentsPermalink
‘(D) a description of any Federal, State, local, or private funds that the State plans to use, in addition to funds apportioned to the State under this section, to carry out the strategy described in subparagraph (B); CommentsClose CommentsPermalink
‘(E) beginning with the plan submitted by July 1, 2013, a report on the State’s success in meeting State safety goals set forth in the previous year’s highway safety plan; and CommentsClose CommentsPermalink
‘(F) an application for any additional grants available to the State under this chapter. CommentsClose CommentsPermalink
‘(3) PERFORMANCE MEASURES- For the first highway safety plan submitted under this subsection, the performance measures required by the Secretary under paragraph (2)(A) shall be limited to those developed by the National Highway Traffic Safety Administration and the Governor’s Highway Safety Association and described in the report, ‘Traffic Safety Performance Measures for States and Federal Agencies’ (DOT HS 811 025). For subsequent highway safety plans, the Secretary shall consult with the Governor’s Highway Safety Association and safety experts if the Secretary makes revisions to the set of required performance measures. CommentsClose CommentsPermalink
‘(4) REVIEW OF HIGHWAY SAFETY PLANS- CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 60 days after the date on which a State’s highway safety plan is received by the Secretary, the Secretary shall review and approve or disapprove the plan. CommentsClose CommentsPermalink
‘(B) APPROVALS AND DISAPPROVALS- CommentsClose CommentsPermalink
‘(i) APPROVALS- The Secretary shall approve a State’s highway safety plan if the Secretary determines that-- CommentsClose CommentsPermalink
‘(I) the plan is evidence-based and supported by data; CommentsClose CommentsPermalink
‘(II) the performance targets are adequate; and CommentsClose CommentsPermalink
‘(III) the plan, once implemented, will allow the State to meet such targets. CommentsClose CommentsPermalink
‘(ii) DISAPPROVALS- The Secretary shall disapprove a State’s highway safety plan if the Secretary determines that the plan does not-- CommentsClose CommentsPermalink
‘(I) set appropriate performance targets; or CommentsClose CommentsPermalink
‘(II) provide for evidence-based programming of funding in a manner sufficient to allow the State to meet such targets. CommentsClose CommentsPermalink
‘(C) ACTIONS UPON DISAPPROVAL- If the Secretary disapproves a State’s highway safety plan, the Secretary shall-- CommentsClose CommentsPermalink
‘(i) inform the State of the reasons for such disapproval; and CommentsClose CommentsPermalink
‘(ii) require the State to resubmit the plan with any modifications that the Secretary determines to be necessary. CommentsClose CommentsPermalink
‘(D) REVIEW OF RESUBMITTED PLANS- If the Secretary requires a State to resubmit a highway safety plan, with modifications, the Secretary shall review and approve or disapprove the modified plan not later than 30 days after the date on which the Secretary receives such plan. CommentsClose CommentsPermalink
‘(E) REPROGRAMMING AUTHORITY- If the Secretary determines that the modifications contained in a State’s resubmitted highway safety plan do not provide for the programming of funding in a manner sufficient to meet the State’s performance goals, the Secretary, in consultation with the State, shall take such action as may be necessary to bring the State’s plan into compliance with the performance targets. CommentsClose CommentsPermalink
‘(F) PUBLIC NOTICE- A State shall make the State’s highway safety plan, and decisions of the Secretary concerning approval or disapproval of a revised plan, available to the public.’. CommentsClose CommentsPermalink
(g) Cooperative Research and Evaluation-
‘(l) Cooperative Research and Evaluation- CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT AND FUNDING- Notwithstanding the apportionment formula set forth in subsection (c)(2), $2,500,000 of the total amount available for apportionment to the States for highway safety programs under subsection (c) in each fiscal year shall be available for expenditure by the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, for a cooperative research and evaluation program to research and evaluate priority highway safety countermeasures. CommentsClose CommentsPermalink
‘(2) ADMINISTRATION- The program established under paragraph (1)-- CommentsClose CommentsPermalink
‘(A) shall be administered by the Administrator of the National Highway Traffic Safety Administration; and CommentsClose CommentsPermalink
‘(B) shall be jointly managed by the Governors Highway Safety Association and the National Highway Traffic Safety Administration.’. CommentsClose CommentsPermalink
(h) Teen Traffic Safety Program-
‘(m) Teen Traffic Safety Program- CommentsClose CommentsPermalink
‘(1) PROGRAM AUTHORIZED- Subject to the requirements of a State’s highway safety plan, as approved by the Secretary under subsection (k), a State may use a portion of the amounts received under this section to implement a statewide teen traffic safety program to improve traffic safety for teen drivers. CommentsClose CommentsPermalink
‘(2) STRATEGIES- The program implemented under paragraph (1)-- CommentsClose CommentsPermalink
‘(A) shall include peer-to-peer education and prevention strategies in schools and communities designed to-- CommentsClose CommentsPermalink
‘(i) increase safety belt use; CommentsClose CommentsPermalink
‘(ii) reduce speeding; CommentsClose CommentsPermalink
‘(iii) reduce impaired and distracted driving; CommentsClose CommentsPermalink
‘(iv) reduce underage drinking; and CommentsClose CommentsPermalink
‘(v) reduce other behaviors by teen drivers that lead to injuries and fatalities; and CommentsClose CommentsPermalink
‘(B) may include-- CommentsClose CommentsPermalink
‘(i) working with student-led groups and school advisors to plan and implement teen traffic safety programs; CommentsClose CommentsPermalink
‘(ii) providing subgrants to schools throughout the State to support the establishment and expansion of student groups focused on teen traffic safety; CommentsClose CommentsPermalink
‘(iii) providing support, training, and technical assistance to establish and expand school and community safety programs for teen drivers; CommentsClose CommentsPermalink
‘(iv) creating statewide or regional websites to publicize and circulate information on teen safety programs; CommentsClose CommentsPermalink
‘(v) conducting outreach and providing educational resources for parents; CommentsClose CommentsPermalink
‘(vi) establishing State or regional advisory councils comprised of teen drivers to provide input and recommendations to the governor and the governor’s safety representative on issues related to the safety of teen drivers; CommentsClose CommentsPermalink
‘(vii) collaborating with law enforcement; CommentsClose CommentsPermalink
‘(viii) organizing and hosting State and regional conferences for teen drivers; CommentsClose CommentsPermalink
‘(ix) establishing partnerships and promoting coordination among community stakeholders, including public, not-for-profit, and for profit entities; and CommentsClose CommentsPermalink
‘(x) funding a coordinator position for the teen safety program in the State or region.’. CommentsClose CommentsPermalink
SEC. 103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
‘Sec. 403. Highway safety research and development
‘(a) Defined Term- In this section, the term ‘Federal laboratory’ includes-- CommentsClose CommentsPermalink
‘(1) a government-owned, government-operated laboratory; and CommentsClose CommentsPermalink
‘(2) a government-owned, contractor-operated laboratory. CommentsClose CommentsPermalink
‘(b) General Authority- CommentsClose CommentsPermalink
‘(1) RESEARCH AND DEVELOPMENT ACTIVITIES- The Secretary may conduct research and development activities, including demonstration projects and the collection and analysis of highway and motor vehicle safety data and related information needed to carry out this section, with respect to-- CommentsClose CommentsPermalink
‘(A) all aspects of highway and traffic safety systems and conditions relating to-- CommentsClose CommentsPermalink
‘(i) vehicle, highway, driver, passenger, motorcyclist, bicyclist, and pedestrian characteristics; CommentsClose CommentsPermalink
‘(ii) accident causation and investigations; CommentsClose CommentsPermalink
‘(iii) communications; CommentsClose CommentsPermalink
‘(iv) emergency medical services; and CommentsClose CommentsPermalink
‘(v) transportation of the injured; CommentsClose CommentsPermalink
‘(B) human behavioral factors and their effect on highway and traffic safety, including-- CommentsClose CommentsPermalink
‘(i) driver education; CommentsClose CommentsPermalink
‘(ii) impaired driving; CommentsClose CommentsPermalink
‘(iii) distracted driving; and CommentsClose CommentsPermalink
‘(iv) new technologies installed in, or brought into, vehicles; CommentsClose CommentsPermalink
‘(C) an evaluation of the effectiveness of countermeasures to increase highway and traffic safety, including occupant protection and alcohol- and drug-impaired driving technologies and initiatives; and CommentsClose CommentsPermalink
‘(D) the effect of State laws on any aspects, activities, or programs described in subparagraphs (A) through (C). CommentsClose CommentsPermalink
‘(2) COOPERATION, GRANTS, AND CONTRACTS- The Secretary may carry out this section-- CommentsClose CommentsPermalink
‘(A) independently; CommentsClose CommentsPermalink
‘(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; CommentsClose CommentsPermalink
‘(C) by entering into contracts, cooperative agreements, and other transactions with the National Academy of Sciences, any Federal laboratory, State or local agency, authority, association, institution, foreign country, or person (as defined in chapter 1 of title 1); or CommentsClose CommentsPermalink
‘(D) by making grants to the National Academy of Sciences, any Federal laboratory, State or local agency, authority, association, institution, or person (as defined in chapter 1 of title 1). CommentsClose CommentsPermalink
‘(c) Collaborative Research and Development- CommentsClose CommentsPermalink
‘(1) IN GENERAL- To encourage innovative solutions to highway safety problems, stimulate voluntary improvements in highway safety, and stimulate the marketing of new highway safety related technology by private industry, the Secretary is authorized to carry out, on a cost-shared basis, collaborative research and development with-- CommentsClose CommentsPermalink
‘(A) non-Federal entities, including State and local governments, foreign countries, colleges, universities, corporations, partnerships, sole proprietorships, organizations serving the interests of children, people with disabilities, low-income populations, and older adults, and trade associations that are incorporated or established under the laws of any State or the United States; and CommentsClose CommentsPermalink
‘(B) Federal laboratories. CommentsClose CommentsPermalink
‘(2) AGREEMENTS- In carrying out this subsection, the Secretary may enter into cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (
)) in which the Secretary provides not more than 50 percent of the cost of any research or development project under this subsection. CommentsClose CommentsPermalink 15 U.S.C. 3710a ‘(3) USE OF TECHNOLOGY- The research, development, or use of any technology pursuant to an agreement under this subsection, including the terms under which technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (
et seq.). CommentsClose CommentsPermalink 15 U.S.C. 3701 ‘(d) Title to Equipment- In furtherance of the purposes set forth in section 402, the Secretary may vest title to equipment purchased for demonstration projects with funds authorized under this section to State or local agencies on such terms and conditions as the Secretary determines to be appropriate. CommentsClose CommentsPermalink
‘(e) Training- Notwithstanding the apportionment formula set forth in section 402(c)(2), 1 percent of the total amount available for apportionment to the States for highway safety programs under section 402(c) in each fiscal year shall be available, through the end of the succeeding fiscal year, to the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration-- CommentsClose CommentsPermalink
‘(1) to provide training, conducted or developed by Federal or non-Federal entity or personnel, to Federal, State, and local highway safety personnel; and CommentsClose CommentsPermalink
‘(2) to pay for any travel, administrative, and other expenses related to such training. CommentsClose CommentsPermalink
‘(f) Driver Licensing and Fitness To Drive Clearinghouse- From amounts made available under this section, the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, is authorized to expend $1,280,000 between October 1, 2011,the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2011 and September 30, 2013, to establish an electronic clearinghouse and technical assistance service to collect and disseminate research and analysis of medical and technical information and best practices concerning drivers with medical issues that may be used by State driver licensing agencies in making licensing qualification decisions. CommentsClose CommentsPermalink
‘(g) International Highway Safety Information and Cooperation- CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT- The Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, may establish an international highway safety information and cooperation program to-- CommentsClose CommentsPermalink
‘(A) inform the United States highway safety community of laws, projects, programs, data, and technology in foreign countries that could be used to enhance highway safety in the United States; CommentsClose CommentsPermalink
‘(B) permit the exchange of information with foreign countries about laws, projects, programs, data, and technology that could be used to enhance highway safety; and CommentsClose CommentsPermalink
‘(C) allow the Secretary, represented by the Administrator, to participate and cooperate in international activities to enhance highway safety. CommentsClose CommentsPermalink
‘(2) COOPERATION- The Secretary may carry out this subsection in cooperation with any appropriate Federal agency, State or local agency or authority, foreign government, or multinational institution. CommentsClose CommentsPermalink
‘(h) Public Health Authority- For purposes of collecting and analyzing medical data for transportation safety research purposes under this chapter or chapter 301 of title 49, the term ‘public health authority’ has the meaning given the term in section 164.501 of title 45, Code of Federal Regulations, and includes the National Highway Traffic Safety Administration. Any ‘protected health information’ (as defined in section 160.103 of title 45, Code of Federal Regulations) collected or received by the National Highway Traffic Safety Administration in its capacity as a public health authority may not be subject to discovery, admitted into evidence, or used in any administrative, civil, criminal, or other judicial proceeding.‘(i) Prohibition on Certain Disclosures- Any report of the National Highway Traffic Safety Administration, or of any officer, employee, or contractor of the National Highway Traffic Safety Administration, relating to any highway traffic accident or the investigation of such accident conducted pursuant to this chapter or chapter 301 shall be made available to the public in a manner that does not identify individuals. CommentsClose CommentsPermalink
‘(ji) Model Specifications for Devices- The Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, may-- CommentsClose CommentsPermalink
‘(1) develop model specifications and testing procedures for devices, including devices designed to measure the concentration of alcohol in the body; CommentsClose CommentsPermalink
‘(2) conduct periodic tests of such devices; CommentsClose CommentsPermalink
‘(3) publish a Conforming Products List of such devices that have met the model specifications; and CommentsClose CommentsPermalink
‘(4) may require that any necessary tests of such devices are conducted by a Federal laboratory and paid for by the device manufacturers.’. CommentsClose CommentsPermalink
SEC. 104. NATIONAL DRIVER REGISTER.
SEC. 105. COMBINED OCCUPANT PROTECTION GRANTS.
(a) In General-
‘Sec. 405. Combined occupant protection grants
‘(a) General Authority- Subject to the requirements of this section, the Secretary of Transportation shall award grants to States that adopt and implement effective occupant protection programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles. CommentsClose CommentsPermalink
‘(b) Federal Share- The Federal share of the costs of activities funded using amounts from grants awarded under this section may not exceed 80 percent for each fiscal year for which a State receives a grant. CommentsClose CommentsPermalink
‘(c) Eligibility- CommentsClose CommentsPermalink
‘(1) HIGH SEAT BELT USE RATE- A State with an observed seat belt use rate of 90 percent or higher, based on the most recent data from a survey that conforms with national criteria established by the National Highway Traffic Safety Administration, shall be eligible for a grant in a fiscal year if the State-- CommentsClose CommentsPermalink
‘(A) submits an occupant protection plan during the first fiscal year; CommentsClose CommentsPermalink
‘(B) participates in the Click It or Ticket national mobilization; CommentsClose CommentsPermalink
‘(C) has an active network of child restraint inspection stations; and CommentsClose CommentsPermalink
‘(D) has a plan to recruit, train, and maintain a sufficient number of child passenger safety technicians. CommentsClose CommentsPermalink
‘(2) LOWER SEAT BELT USE RATE- A State with an observed seat belt use rate below 90 percent, based on the most recent data from a survey that conforms with national criteria established by the National Highway Traffic Safety Administration, shall be eligible for a grant in a fiscal year if-- CommentsClose CommentsPermalink
‘(A) the State meets all of the requirements under subparagraphs (A) through (D) of paragraph (1); and CommentsClose CommentsPermalink
‘(B) the Secretary determines that the State meets at least 3 of the following criteria: CommentsClose CommentsPermalink
‘(i) The State conducts sustained (on-going and periodic) seat belt enforcement at a defined level of participation during the year. CommentsClose CommentsPermalink
‘(ii) The State has enacted and enforces a primary enforcement seat belt use law. CommentsClose CommentsPermalink
‘(iii) The State has implemented countermeasure programs for high-risk populations, such as drivers on rural roadways, unrestrained nighttime drivers, or teenage drivers. CommentsClose CommentsPermalink
‘(iv) The State has enacted and enforces occupant protection laws requiring front and rear occupant protection use by all occupants in an age-appropriate restraint. CommentsClose CommentsPermalink
‘(v) The State has implemented a comprehensive occupant protection program in which the State has-- CommentsClose CommentsPermalink
‘(I) conducted a program assessment; CommentsClose CommentsPermalink
‘(II) developed a statewide strategic plan; CommentsClose CommentsPermalink
‘(III) designated an occupant protection coordinator; and CommentsClose CommentsPermalink
‘(IV) established a statewide occupant protection task force. CommentsClose CommentsPermalink
‘(vi) The State-- CommentsClose CommentsPermalink
‘(I) completed an assessment of its occupant protection program during the 3-year period preceding the grant year; or CommentsClose CommentsPermalink
‘(II) will conduct such an assessment during the first year of the grant. CommentsClose CommentsPermalink
‘(d) Use of Grant Amounts- Grant funds received pursuant to this section may be used to-- CommentsClose CommentsPermalink
‘(1) carry out a program to support high-visibility enforcement mobilizations, including paid media that emphasizes publicity for the program, and law enforcement; CommentsClose CommentsPermalink
‘(2) carry out a program to train occupant protection safety professionals, police officers, fire and emergency medical personnel, educators, and parents concerning all aspects of the use of child restraints and occupant protection; CommentsClose CommentsPermalink
‘(3) carry out a program to educate the public concerning the proper use and installation of child restraints, including related equipment and information systems; CommentsClose CommentsPermalink
‘(4) carry out a program to provide community child passenger safety services, including programs about proper seating positions for children and how to reduce the improper use of child restraints; CommentsClose CommentsPermalink
‘(5) purchase and distribute child restraints to low-income families if not more than 5 percent of the funds received in a fiscal year are used for this purpose; CommentsClose CommentsPermalink
‘(6) establish and maintain information systems containing data concerning occupant protection, including the collection and administration of child passenger safety and occupant protection surveys; and CommentsClose CommentsPermalink
‘(7) carry out a program to educate the public concerning the dangers of leaving children unattended in vehicles. CommentsClose CommentsPermalink
‘(e) Grant Amount- The allocation of grant funds under this section to a State for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009. CommentsClose CommentsPermalink
‘(f) Report- A State that receives a grant under this section shall submit a report to the Secretary that documents the manner in which the grant amounts were obligated and expended and identifies the specific programs carried out with the grant funds. The report shall be in a form prescribed by the Secretary and may be combined with other State grant reporting requirements under chapter 4 of title 23, United States Code. CommentsClose CommentsPermalink
‘(g) Definitions- In this section: CommentsClose CommentsPermalink
‘(1) CHILD RESTRAINT- The term ‘child restraint’ means any device (including child safety seat, booster seat, harness, and excepting seat belts) designed for use in a motor vehicle to restrain, seat, or position children who weigh 65 pounds (30 kilograms) or less, and certified to the Federal motor vehicle safety standard prescribed by the National Highway Traffic Safety Administration for child restraints. CommentsClose CommentsPermalink
‘(2) SEAT BELT- The term ‘seat belt’ means-- CommentsClose CommentsPermalink
‘(A) with respect to open-body motor vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and CommentsClose CommentsPermalink
‘(B) with respect to other motor vehicles, an occupant restraint system consisting of integrated lap and shoulder belts.’. CommentsClose CommentsPermalink
(b) Conforming Amendment- The analysis for chapter 4 of title 23, United States Code, is amended by striking the item relating to section 405 and inserting the following: CommentsClose CommentsPermalink
‘405. Combined occupant protection grants.’. CommentsClose CommentsPermalink
SEC. 106. STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.
‘Sec. 408. State traffic safety information system improvements
‘(a) General Authority- Subject to the requirements of this section, the Secretary of Transportation shall award grants to States to support the development and implementation of effective State programs that-- CommentsClose CommentsPermalink
‘(1) improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the State safety data that is needed to identify priorities for Federal, State, and local highway and traffic safety programs; CommentsClose CommentsPermalink
‘(2) evaluate the effectiveness of efforts to make such improvements; CommentsClose CommentsPermalink
‘(3) link the State data systems, including traffic records, with other data systems within the State, such as systems that contain medical, roadway, and economic data; CommentsClose CommentsPermalink
‘(4) improve the compatibility and interoperability of the data systems of the State with national data systems and data systems of other States; and CommentsClose CommentsPermalink
‘(5) enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances. CommentsClose CommentsPermalink
‘(b) Federal Share- The Federal share of the cost of adopting and implementing in a fiscal year a State program described in this section may not exceed 80 percent. CommentsClose CommentsPermalink
‘(c) Eligibility- A State is not eligible for a grant under this section in a fiscal year unless the State demonstrates, to the satisfaction of the Secretary, that the State-- CommentsClose CommentsPermalink
‘(1) has a functioning traffic records coordinating committee (referred to in this subsection as ‘TRCC’) that meets at least 3 times a year; CommentsClose CommentsPermalink
‘(2) has designated a TRCC coordinator; CommentsClose CommentsPermalink
‘(3) has established a State traffic record strategic plan that has been approved by the TRCC and describes specific quantifiable and measurable improvements anticipated in the State’s core safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle databases; CommentsClose CommentsPermalink
‘(4) has demonstrated quantitative progress in relation to the significant data program attribute of-- CommentsClose CommentsPermalink
‘(A) accuracy; CommentsClose CommentsPermalink
‘(B) completeness; CommentsClose CommentsPermalink
‘(C) timeliness; CommentsClose CommentsPermalink
‘(D) uniformity; CommentsClose CommentsPermalink
‘(E) accessibility; or CommentsClose CommentsPermalink
‘(F) integration of a core highway safety database; and CommentsClose CommentsPermalink
‘(5) has certified to the Secretary that an assessment of the State’s highway safety data and traffic records system was conducted or updated during the preceding 5 years. CommentsClose CommentsPermalink
‘(d) Use of Grant Amounts- Grant funds received by a State under this section shall be used for making data program improvements to core highway safety databases related to quantifiable, measurable progress in any of the 6 significant data program attributes set forth in subsection (c)(4). CommentsClose CommentsPermalink
‘(e) Grant Amount- The allocation of grant funds under this section to a State for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.’. CommentsClose CommentsPermalink
SEC. 107. IMPAIRED DRIVING COUNTERMEASURES.
(a) In General-
‘Sec. 410. Impaired driving countermeasures
‘(a) Grants Authorized- Subject to the requirements of this section, the Secretary of Transportation shall award grants to States that adopt and implement-- CommentsClose CommentsPermalink
‘(1) effective programs to reduce driving under the influence of alcohol, drugs, or the combination of alcohol and drugs; or CommentsClose CommentsPermalink
‘(2) alcohol-ignition interlock laws. CommentsClose CommentsPermalink
‘(b) Federal Share- The Federal share of the costs of activities funded using amounts from grants under this section may not exceed 80 percent in any fiscal year in which the State receives a grant. CommentsClose CommentsPermalink
‘(c) Eligibility- CommentsClose CommentsPermalink
‘(1) LOW-RANGE STATES- Low-range States shall be eligible for a grant under this section. CommentsClose CommentsPermalink
‘(2) MID-RANGE STATES- A mid-range State shall be eligible for a grant under this section if-- CommentsClose CommentsPermalink
‘(A) a statewide impaired driving task force in the State developed a statewide plan during the most recent 3 calendar years to address the problem of impaired driving; or CommentsClose CommentsPermalink
‘(B) the State will convene a statewide impaired driving task force to develop such a plan during the first year of the grant. CommentsClose CommentsPermalink
‘(3) HIGH-RANGE STATES- A high-range State shall be eligible for a grant under this section if the State-- CommentsClose CommentsPermalink
‘(A)(i) conducted an assessment of the State’s impaired driving program during the most recent 3 calendar years; or CommentsClose CommentsPermalink
‘(ii) will conduct such an assessment during the first year of the grant; CommentsClose CommentsPermalink
‘(B) convenes, during the first year of the grant, a statewide impaired driving task force to develop a statewide plan that-- CommentsClose CommentsPermalink
‘(i) addresses any recommendations from the assessment conducted under subparagraph (A); CommentsClose CommentsPermalink
‘(ii) includes a detailed plan for spending any grant funds provided under this section; and CommentsClose CommentsPermalink
‘(iii) describes how such spending supports the statewide comprehensive program; CommentsClose CommentsPermalink
‘(C)(i) submits the statewide plan to the National Highway Traffic Safety Administration during the first year of the grant for the agency’s review and approval; CommentsClose CommentsPermalink
‘(ii) annually updates the statewide plan in each subsequent year of the grant; and CommentsClose CommentsPermalink
‘(iii) submits each updated statewide plan for the agency’s review and comment; and CommentsClose CommentsPermalink
‘(D) appoints an impaired driving full or part-time impaired driving coordinator-- CommentsClose CommentsPermalink
‘(i) to coordinate the State’s activities to address enforcement and adjudication of laws to address driving while impaired by alcohol; and CommentsClose CommentsPermalink
‘(ii) to oversee the implementation of the statewide plan. CommentsClose CommentsPermalink
‘(d) Use of Grant Amounts- CommentsClose CommentsPermalink
‘(1) REQUIRED PROGRAMS- High-range States shall use grant funds for-- CommentsClose CommentsPermalink
‘(A) high visibility enforcement efforts; and CommentsClose CommentsPermalink
‘(B) any of the activities described in paragraph (2) if-- CommentsClose CommentsPermalink
‘(i) the activity is described in the statewide plan; and CommentsClose CommentsPermalink
‘(ii) the Secretary approves the use of funding for such activity. CommentsClose CommentsPermalink
‘(2) AUTHORIZED PROGRAMS- Medium-range and low-range States may use grant funds for-- CommentsClose CommentsPermalink
‘(A) any of the purposes described in paragraph (1); CommentsClose CommentsPermalink
‘(B) paid and earned media in support of high visibility enforcement efforts; CommentsClose CommentsPermalink
‘(C) hiring a full-time impaired driving coordinator of the State’s activities to address the enforcement and adjudication of laws regarding driving while impaired by alcohol; CommentsClose CommentsPermalink
‘(D) court support of high visibility enforcement efforts; CommentsClose CommentsPermalink
‘(E) alcohol ignition interlock programs; CommentsClose CommentsPermalink
‘(F) improving blood-alcohol concentration testing and reporting; CommentsClose CommentsPermalink
‘(G) establishing driving while intoxicated courts; CommentsClose CommentsPermalink
‘(H) conducting-- CommentsClose CommentsPermalink
‘(i) standardized field sobriety training; CommentsClose CommentsPermalink
‘(ii) advanced roadside impaired driving evaluation training; and CommentsClose CommentsPermalink
‘(iii) drug recognition expert training for law enforcement; CommentsClose CommentsPermalink
‘(I) training and education of criminal justice professionals (including law enforcement, prosecutors, judges and probation officers) to assist such professionals in handling impaired driving cases; CommentsClose CommentsPermalink
‘(J) traffic safety resource prosecutors; CommentsClose CommentsPermalink
‘(K) judicial outreach liaisons; CommentsClose CommentsPermalink
‘(L) equipment and related expenditures used in connection with impaired driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration; CommentsClose CommentsPermalink
‘(M) training on the use of alcohol screening and brief intervention; CommentsClose CommentsPermalink
and‘(N) developing impaired driving information systems; and CommentsClose CommentsPermalink
‘(O) costs associated with a ‘24-7 sobriety program’. CommentsClose CommentsPermalink
‘(3) OTHER PROGRAMS- Low-range States may use grant funds for any expenditure designed to reduce impaired driving based on problem identification. ‘(e) Medium and high-range States may use funds for such expenditures upon approval by the Secretary. CommentsClose CommentsPermalink
‘(e) Grant Amount- Subject to subsection (g), the allocation of grant funds to a State under this section for a fiscal year shall be in proportion to the State’s apportionment under section 402(c) for fiscal year 2009. CommentsClose CommentsPermalink
‘(f) Changes in the Average Impaired Driving Fatality Rate- The Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, may change the average impaired driving fatality rate that establishes the Low-range, Mid-range, and High-range under this section every 3 years, based upon changing conditions across the Nation.‘(g) Grants to States That Adopt and Enforce Mandatory Alcohol-Ignition Interlock Laws- CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary shall make a separate grant under this section to each State that adopts and is enforcing a mandatory alcohol-ignition interlock law for all individuals convicted of driving under the influence of alcohol or of driving while intoxicated. CommentsClose CommentsPermalink
‘(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. CommentsClose CommentsPermalink
‘(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). CommentsClose CommentsPermalink
‘(4) FUNDING- Not more than 15 percent of the amounts made available to carry out this section in a fiscal year shall be made available by the Secretary for making grants under this subsection. CommentsClose CommentsPermalink
‘(hg) Definitions- In this section: CommentsClose CommentsPermalink
‘(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-- CommentsClose CommentsPermalink
‘(A) require an individual who plead guilty or was convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and CommentsClose CommentsPermalink
‘(B) require the individual to be subject to testing for alcohol or drugs-- CommentsClose CommentsPermalink
‘(i) at least twice a day; CommentsClose CommentsPermalink
‘(ii) by continuous transdermal alcohol monitoring via an electronic monitoring device; or CommentsClose CommentsPermalink
‘(iii) by an alternate method with the concurrence of the Secretary. CommentsClose CommentsPermalink
‘(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 concentration of at least 0.08 for every 100,000,000 vehicle miles traveled, based on the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System, as calculated in accordance with regulations prescribed by the Administrator of the National Highway Traffic Safety Administration. CommentsClose CommentsPermalink
‘(23) HIGH-RANGE STATE- The term ‘high-range State’ means a State that has an average impaired driving fatality rate of 0.60 or higher. CommentsClose CommentsPermalink
‘(34) LOW-RANGE STATE- The term ‘low-range State’ means a State that has an average impaired driving fatality rate of 0.30 or lower. CommentsClose CommentsPermalink
‘(45) 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.’. CommentsClose CommentsPermalink
(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: CommentsClose CommentsPermalink
‘410. Impaired driving countermeasures.’. CommentsClose CommentsPermalink
SEC. 108. DISTRACTED DRIVING GRANTS.
(a) In General-
‘Sec. 411. Distracted driving grants
‘(a) In General- The Secretary shall award a grant under this section to any State that enacts and enforces a statute that meets the requirements set forth in subsections (b) and (c). CommentsClose CommentsPermalink
‘(b) Prohibition on Texting While Driving- A State statute meets the requirements set forth in this subsection if the statute-- CommentsClose CommentsPermalink
‘(1) prohibits drivers from texting through a personal wireless communications device while driving; CommentsClose CommentsPermalink
‘(2) makes violation of the statute a primary offense; CommentsClose CommentsPermalink
‘(3) establishes-- CommentsClose CommentsPermalink
‘(A) a minimum fine for a first violation of the statute; and CommentsClose CommentsPermalink
‘(B) increased fines for repeat violations; and CommentsClose CommentsPermalink
‘(4) provides increased civil and criminal penalties than would otherwise apply if a vehicle accident is caused by a driver who is using such a device in violation of the statute. CommentsClose CommentsPermalink
‘(c) Prohibition on Youth Cell Phone Use While Driving- A State statute meets the requirements set forth in this subsection if the statute-- CommentsClose CommentsPermalink
‘(1) prohibits a driver who is younger than 18 years of age from using a personal wireless communications device while driving; CommentsClose CommentsPermalink
‘(2) makes violation of the statute a primary offense; CommentsClose CommentsPermalink
‘(3) requires distracted driving issues to be tested as part of the State driver’s license examination; CommentsClose CommentsPermalink
‘(4) establishes-- CommentsClose CommentsPermalink
‘(A) a minimum fine for a first violation of the statute; and CommentsClose CommentsPermalink
‘(B) increased fines for repeat violations; and CommentsClose CommentsPermalink
‘(5) provides increased civil and criminal penalties than would otherwise apply if a vehicle accident is caused by a driver who is using such a device in violation of the statute. CommentsClose CommentsPermalink
‘(d) Permitted Exceptions- A statute that meets the requirements set forth in subsections (b) and (c) may provide exceptions for-- CommentsClose CommentsPermalink
‘(1) a driver who uses a personal wireless communications device to contact emergency services; CommentsClose CommentsPermalink
‘(2) emergency services personnel who use a personal wireless communications device while-- CommentsClose CommentsPermalink
‘(A) operating an emergency services vehicle; and CommentsClose CommentsPermalink
‘(B) engaged in the performance of their duties as emergency services personnel; and CommentsClose CommentsPermalink
‘(3) an individual employed as a commercial motor vehicle driver or a school bus driver who uses a personal wireless communications device within the scope of such individual’s employment if such use is permitted under the regulations promulgated pursuant to section 31152 of title 49. CommentsClose CommentsPermalink
‘(e) Use of Grant Funds- Of the grant funds received by a State under this section-- CommentsClose CommentsPermalink
‘(1) at least 50 percent shall be used-- CommentsClose CommentsPermalink
‘(A) to educate the public through advertising containing information about the dangers of texting or using a cell phone while driving; CommentsClose CommentsPermalink
‘(B) for traffic signs that notify drivers about the distracted driving law of the State; or CommentsClose CommentsPermalink
‘(C) for law enforcement costs related to the enforcement of the distracted driving law; and CommentsClose CommentsPermalink
‘(2) up to 50 percent may be used for other projects that-- CommentsClose CommentsPermalink
‘(A) improve traffic safety; and CommentsClose CommentsPermalink
‘(B) are consistent with the criteria set forth in section 402(a). CommentsClose CommentsPermalink
‘(f) Additional Grants- In fiscal year 2012, the Secretary may use up to 25 percent of the funding available for grants under this section to award grants to States that-- CommentsClose CommentsPermalink
‘(1) enacted statutes before July 1, 2011, which meet the requirements under paragraphs (1) and (2) of subsection (b); and CommentsClose CommentsPermalink
‘(2) are otherwise ineligible for a grant under this section. CommentsClose CommentsPermalink
‘(g) Definitions- In this section: CommentsClose CommentsPermalink
‘(1) DRIVING- The term ‘driving’-- CommentsClose CommentsPermalink
‘(A) means operating a motor vehicle on a public road, including operation while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise; and CommentsClose CommentsPermalink
‘(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. CommentsClose CommentsPermalink
‘(2) PERSONAL WIRELESS COMMUNICATIONS DEVICE- The term ‘personal wireless communications device’-- CommentsClose CommentsPermalink
‘(A) means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (
)) are transmitted; and CommentsClose CommentsPermalink 47 U.S.C. 332(c)(7)(C)(i) ‘(B) does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes. CommentsClose CommentsPermalink
‘(3) PRIMARY OFFENSE- The term ‘primary offense’ means an offense for which a law enforcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of evidence of another offense. CommentsClose CommentsPermalink
‘(4) PUBLIC ROAD- The term ‘public road’ has the meaning given that term in section 402(c). CommentsClose CommentsPermalink
‘(5) TEXTING- The term ‘texting’ means reading from or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, e-mailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication.’. CommentsClose CommentsPermalink
(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: CommentsClose CommentsPermalink
‘411. Distracted driving grants.’. CommentsClose CommentsPermalink
SEC. 109. HIGH VISIBILITY ENFORCEMENT PROGRAM.
Section 2009 of SAFETEA-LU (
(1) in subsection (a)-- CommentsClose CommentsPermalink
(A) by striking ‘at least 2’ and inserting ‘at least 3’; and CommentsClose CommentsPermalink
(B) by striking ‘years 2006 through 200912.’ 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).’; CommentsClose CommentsPermalink
(2) in subsection (b) by striking ‘either or both’ and inserting ‘outcomes related to at least 1’; CommentsClose CommentsPermalink
(3) in subsection (c), by inserting ‘and Internet-based outreach’ after ‘print media advertising’; CommentsClose CommentsPermalink
(4) in subsection (e), by striking ‘subsections (a), (c), and (f)’ and inserting ‘subsection (c)’; CommentsClose CommentsPermalink
(5) by striking subsection (f); and CommentsClose CommentsPermalink
(6) by redesignating subsection (g) as subsection (f). CommentsClose CommentsPermalink
SEC. 110. MOTORCYCLIST SAFETY.
Section 2010 of SAFETEA-LU (
(1) by striking subsections (b) and (g); CommentsClose CommentsPermalink
(2) by redesignating subsections (c), (d), (e), and (f) as subsections (b), (c), (d), and (e), respectively; and CommentsClose CommentsPermalink
(3) in subsection (c)(1), as redesignated by striking , by striking ‘to the satisfaction of the Secretary--’ and all that follows and inserting ‘, to the satisfaction of the Secretary, at least 2 of the 6 criteria listed in paragraph (2).’. CommentsClose CommentsPermalink
SEC. 111. DRIVER ALCOHOL DETECTION SYSTEM FOR SAFETY RESEARCH.
(a) In General- Chapter 4 of title 23, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink
‘Sec. 413. In-vehicle alcohol detection device research
‘(a) In General- The Administrator of the National Highway Traffic Safety Administration shall carry out a collaborative research effort under chapter 301 of title 49, United States Code, to continue to explore the feasibility and the potential benefits of, and the public policy challenges associated with, more widespread deployment of in-vehicle technology to prevent alcohol-impaired driving. CommentsClose CommentsPermalink
‘(b) Reports- The Administrator shall submit a report annually to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure-- CommentsClose CommentsPermalink
‘(1) describing progress in carrying out the collaborative research effort; and CommentsClose CommentsPermalink
‘(2) including an accounting for the use of Federal funds obligated or expended in carrying out that effort. CommentsClose CommentsPermalink
‘(c) Definitions- In this title: CommentsClose CommentsPermalink
‘(1) ALCOHOL-IMPAIRED DRIVING- The term ‘alcohol-impaired driving’ means operation of a motor vehicle (as defined in
) by an individual whose blood alcohol content is at or above the legal limit. CommentsClose CommentsPermalink section 30102(a)(6) of title 49, United States Code ‘(2) LEGAL LIMIT- The term ‘legal limit’ means a blood alcohol concentration of 0.08 percent or greater (as specified by chapter 163 of title 23, United States Code) or such other percentage limitation as may be established by applicable Federal, State, or local law.’. CommentsClose CommentsPermalink
(b) Clerical Amendment- The analysis for chapter 4 of title 23, United States Code, is amended by inserting after the item relating to section 412 the following: CommentsClose CommentsPermalink
‘413. In-vehicle alcohol detection device research.’. CommentsClose CommentsPermalink
SEC. 112. STATE GRADUATED DRIVER LICENSING LAWS.
(a) In General- Chapter 4 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following: CommentsClose CommentsPermalink
‘Sec. 414. State Graduated Driver Licensing Incentive Grant
‘(a) Grants Authorized- Subject to the requirements of this section, the Secretary shall award grants to States that adopt and implement graduated driver licensing laws in accordance with the requirements set forth in subsection (b). CommentsClose CommentsPermalink
‘(b) Minimum Requirements- CommentsClose CommentsPermalink
‘(1) IN GENERAL- A State meets the requirements set forth in this subsection if the State has a graduated driver licensing law that requires novice drivers younger than 21 years of age to comply with the 2-stage licensing process described in paragraph (2) before receiving an unrestricted driver’s license. CommentsClose CommentsPermalink
‘(2) LICENSING PROCESS- A State is in compliance with the 2-stage licensing process described in this paragraph if the State’s driver’s license laws include-- CommentsClose CommentsPermalink
‘(A) a learner’s permit stage that-- CommentsClose CommentsPermalink
‘(i) is at least 6 months in duration; CommentsClose CommentsPermalink
‘(ii) prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation; and CommentsClose CommentsPermalink
‘(iii) remains in effect until the driver-- CommentsClose CommentsPermalink
‘(I) reaches 16 years of age and enters the intermediate stage; or CommentsClose CommentsPermalink
‘(II) reaches 18 years of age; CommentsClose CommentsPermalink
‘(B) an intermediate stage that-- CommentsClose CommentsPermalink
‘(i) commences immediately after the expiration of the learner’s permit stage; CommentsClose CommentsPermalink
‘(ii) is at least 6 months in duration; CommentsClose CommentsPermalink
‘(iii) prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation; CommentsClose CommentsPermalink
‘(iv) restricts driving at night; CommentsClose CommentsPermalink
‘(v) prohibits the driver from operating a motor vehicle with more than 1 nonfamilial passenger younger than 21 years of age unless a licensed driver who is at least 21 years of age is in the motor vehicle; and CommentsClose CommentsPermalink
‘(vi) remains in effect until the driver reaches 18 years of age; and CommentsClose CommentsPermalink
‘(C) any other requirement prescribed by the Secretary of Transportation, including-- CommentsClose CommentsPermalink
‘(i) in the learner’s permit stage-- CommentsClose CommentsPermalink
‘(I) at least 40 hours of behind-the-wheel training with a licensed driver who is at least 21 years of age; CommentsClose CommentsPermalink
‘(II) a driver training course; and CommentsClose CommentsPermalink
‘(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 CommentsClose CommentsPermalink
‘(ii) in the learner’s permit or intermediate stage, a requirement, in addition to any other penalties imposed by State law, that the grant of an unrestricted driver’s license be automatically delayed for any individual who, during the learner’s permit or intermediate stage, is convicted of a driving-related offense, including-- CommentsClose CommentsPermalink
‘(I) driving while intoxicated; CommentsClose CommentsPermalink
‘(II) misrepresentation of his or her true age; CommentsClose CommentsPermalink
‘(III) reckless driving; CommentsClose CommentsPermalink
‘(IV) driving without wearing a seat belt; CommentsClose CommentsPermalink
‘(V) speeding; or CommentsClose CommentsPermalink
‘(VI) any other driving-related offense, as determined by the Secretary. CommentsClose CommentsPermalink
‘(c) Rulemaking- CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary shall promulgate regulations necessary to implement the requirements under subsection (b), in accordance with the notice and comment provisions under
. CommentsClose CommentsPermalink section 553 of title 5, United States Code ‘(2) EXCEPTION- A State that otherwise meets the minimum requirements set forth in subsection (b) shall be deemed by the Secretary to be in compliance with the requirement set forth in subsection (b) if the State enacted a law before January 1, 2011, establishing a class of license that permits licensees or applicants younger than 18 years of age to drive a motor vehicle-- CommentsClose CommentsPermalink
‘(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 CommentsClose CommentsPermalink
‘(B) if demonstrable hardship would result from the denial of a license to the licensees or applicants. CommentsClose CommentsPermalink
‘(d) Allocation- Grant funds allocated to a State under this section for a fiscal year shall be in proportion to a State’s apportionment under section 402 for such fiscal year. CommentsClose CommentsPermalink
‘(e) Use of Funds- Grant funds received by a State under this section may be used for-- CommentsClose CommentsPermalink
‘(1) enforcing a 2-stage licensing process that complies with subsection (b)(2); CommentsClose CommentsPermalink
‘(2) training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in paragraph (1); CommentsClose CommentsPermalink
‘(3) publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law; CommentsClose CommentsPermalink
‘(4) carrying out other administrative activities that the Secretary considers relevant to the State’s 2-stage licensing process; and CommentsClose CommentsPermalink
‘(5) carrying out a teen traffic safety program described in section 402(m).’. CommentsClose CommentsPermalink
SEC. 113. AGENCY ACCOUNTABILITY.
(1) by amending subsection (a) to read as follows: CommentsClose CommentsPermalink
‘(a) Triennial State Management Reviews- CommentsClose CommentsPermalink
‘(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. CommentsClose CommentsPermalink
‘(2) EXCEPTIONS- The Secretary may conduct reviews of the highway safety programs of the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands as often as the Secretary determines to be appropriate. CommentsClose CommentsPermalink
‘(3) COMPONENTS- Reviews under this subsection shall include-- CommentsClose CommentsPermalink
‘(A) a management evaluation of all grant programs funded under this chapter; CommentsClose CommentsPermalink
‘(B) an assessment of State data collection and evaluation relating to performance measures established by the Secretary; CommentsClose CommentsPermalink
‘(C) a comparison of State efforts under subparagraphs (A) and (B) to best practices and programs that have been evaluated for effectiveness; and CommentsClose CommentsPermalink
‘(D) the development of recommendations on how each State could-- CommentsClose CommentsPermalink
‘(i) improve the management and oversight of its grant activities; and CommentsClose CommentsPermalink
‘(ii) provide a management and oversight plan for such grant programs.’; and CommentsClose CommentsPermalink
(2) by striking subsection (f). CommentsClose CommentsPermalink
SEC. 114. EMERGENCY MEDICAL SERVICES.
Section 10202 of
‘(b) National Emergency Medical Services Advisory Council- CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT- The Secretary of Transportation, in coordination with the Secretary of Health and Human Services and the Secretary of Homeland Security, shall establish a National Emergency Medical Services Advisory Council (referred to in this subsection as the ‘Advisory Council’). CommentsClose CommentsPermalink
‘(2) MEMBERSHIP- The Advisory Council shall be composed of 25 members, who-- CommentsClose CommentsPermalink
‘(A) shall be appointed by the Secretary of Transportation; and CommentsClose CommentsPermalink
‘(B) shall collectively be representative of all sectors of the emergency medical services community. CommentsClose CommentsPermalink
‘(3) PURPOSES- The purposes of the Advisory Council are to advise and consult with-- CommentsClose CommentsPermalink
‘(A) the Federal Interagency Committee on Emergency Medical Services on matters relating to emergency medical services issues; and CommentsClose CommentsPermalink
‘(B) the Secretary of Transportation on matters relating to emergency medical services issues affecting the Department of Transportation. CommentsClose CommentsPermalink
‘(4) ADMINISTRATION- The Administrator of the National Highway Traffic Safety Administration shall provide administrative support to the Advisory Council, including scheduling meetings, setting agendas, keeping minutes and records, and producing reports. CommentsClose CommentsPermalink
‘(5) LEADERSHIP- The members of the Advisory Council shall annually select a chairperson of the Council. CommentsClose CommentsPermalink
‘(6) MEETINGS- The Advisory Council shall meet as frequently as is determined necessary by the chairperson of the Council. CommentsClose CommentsPermalink
‘(7) ANNUAL REPORTS- The Advisory Council shall prepare an annual report to the Secretary of Transportation regarding the Council’s actions and recommendations.’. CommentsClose CommentsPermalink
TITLE II--ENHANCED SAFETY AUTHORITIES
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TITLE II--ENHANCED SAFETY AUTHORITIES CommentsClose CommentsPermalink
SEC. 201. DEFINITION OF MOTOR VEHICLE EQUIPMENT.
‘(C) any device or an article or apparel, including a motorcycle helmet and excluding medicine or eyeglasses prescribed by a licensed practitioner, that-- CommentsClose CommentsPermalink
‘(i) is not a system, part, or component of a motor vehicle; and CommentsClose CommentsPermalink
‘(ii) is manufactured, sold, delivered, or offered to be sold for use on public streets, roads, and highways with the apparent purpose of safeguarding motor vehicles and highway users against risk of accident, injury, or death.’. CommentsClose CommentsPermalink
SEC. 202. PERMIT REMINDER SYSTEM FOR NON-USE OF SAFETY BELTS.
(a) In General- Chapter 301 of title 49, United States Code, is amended-- CommentsClose CommentsPermalink
(1) in section 30122, by striking subsection (d); and CommentsClose CommentsPermalink
(2) by amending section 30124 to read as follows: CommentsClose CommentsPermalink
‘Sec. 30124. Nonuse of safety belts
‘A motor vehicle safety standard prescribed under this chapter may not require a manufacturer to comply with the standard by using a safety belt interlock designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt.’. CommentsClose CommentsPermalink
(b) Conforming Amendment- The analysis for chapter 301 of title 49, United States Code, is amended by striking the item relating to section 30124 and inserting the following: CommentsClose CommentsPermalink
‘Sec. 30124. Nonuse of safety belts.’. CommentsClose CommentsPermalink
SEC. 203. CIVIL PENALTIES.
(a) In General-
(1) in subsection (a)-- CommentsClose CommentsPermalink
(A) in paragraph (1)-- CommentsClose CommentsPermalink
(i) by striking ‘30123(d)’ and inserting ‘30123(a)’; and CommentsClose CommentsPermalink
(ii) by striking ‘$15,000,000’ and inserting ‘$250,000,000’; and CommentsClose CommentsPermalink
(B) in paragraph (3), by striking ‘$15,000,000’ and inserting ‘$250,000,000’; and CommentsClose CommentsPermalink
(2) by amending subsection (c) to read as follows: CommentsClose CommentsPermalink
‘(c) Relevant Factors in Determining Amount of Penalty or Compromise- In determining the amount of a civil penalty or compromise under this section, the Secretary of Transportation shall consider the nature, circumstances, extent, and gravity of the violation. Such determination shall include, as appropriate-- CommentsClose CommentsPermalink
‘(1) the nature of the defect or noncompliance; CommentsClose CommentsPermalink
‘(2) knowledge by the person charged of its obligation to recall or notify the public; CommentsClose CommentsPermalink
‘(3) the severity of the risk of injury; CommentsClose CommentsPermalink
‘(4) the occurrence or absence of injury; CommentsClose CommentsPermalink
‘(5) the number of motor vehicles or items of motor vehicle equipment distributed with the defect or noncompliance; CommentsClose CommentsPermalink
‘(6) the existence of an imminent hazard; CommentsClose CommentsPermalink
‘(7) actions taken by the person charged to identify, investigate, or mitigate the condition; CommentsClose CommentsPermalink
‘(8) the appropriateness of such penalty in relation to the size of the business of the person charged, including the potential for undue adverse economic impacts; CommentsClose CommentsPermalink
‘(9) whether the person has previously been assessed civil penalties under this section during the most recent 5 years; and CommentsClose CommentsPermalink
‘(10) other appropriate factors.’. CommentsClose CommentsPermalink
(b) Civil Penalty Criteria- Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue a final rule, in accordance with the procedures of
(c) Construction- Nothing in this section may be construed as preventing the imposition of penalties under
SEC. 204. MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT.
(a) In General- Chapter 301 of title 49, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink
‘SUBCHAPTER V--MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT
‘Sec. 30181. Policy
‘The Secretary of Transportation shall conduct research, development, and testing on any area or aspect of motor vehicle safety necessary to carry out this chapter. CommentsClose CommentsPermalink
‘Sec. 30182. Powers and duties
‘(a) In General- The Secretary of Transportation shall-- CommentsClose CommentsPermalink
‘(1) conduct motor vehicle safety research, development, and testing programs and activities, including new and emerging technologies that impact or may impact motor vehicle safety; CommentsClose CommentsPermalink
‘(2) collect and analyze all types of motor vehicle and highway safety data and related information to determine the relationship between motor vehicle or motor vehicle equipment performance characteristics and-- CommentsClose CommentsPermalink
‘(A) accidents involving motor vehicles; and CommentsClose CommentsPermalink
‘(B) deaths or personal injuries resulting from those accidents; CommentsClose CommentsPermalink
‘(3) promote, support, and advance the education and training of motor vehicle safety staff of the National Highway Traffic Safety Administration, including using program funds for-- CommentsClose CommentsPermalink
‘(A) planning, implementing, conducting, and presenting results of program activities; and CommentsClose CommentsPermalink
‘(B) travel and related expenses; CommentsClose CommentsPermalink
‘(4) obtain experimental and other motor vehicles and motor vehicle equipment for research or testing; CommentsClose CommentsPermalink
‘(5)(A) use any test motor vehicles and motor vehicle equipment suitable for continued use, as determined by the Secretary to assist in carrying out this chapter or any other chapter of this title; or CommentsClose CommentsPermalink
‘(B) sell or otherwise dispose of test motor vehicles and motor vehicle equipment and use the resulting proceeds to carry out this chapter; CommentsClose CommentsPermalink
‘(6) award grants to States and local governments, interstate authorities, and nonprofit institutions; and CommentsClose CommentsPermalink
‘(7) enter into cooperative agreements, collaborative research, or contracts with Federal agencies, interstate authorities, State and local governments, other public entities, private organizations and persons, nonprofit institutions, colleges and universities, consumer advocacy groups, corporations, partnerships, sole proprietorships, trade associations, Federal laboratories (including government-owned, government-operated laboratories and government-owned, contractor-operated laboratories), and foreign governments and research organizations. CommentsClose CommentsPermalink
‘(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. CommentsClose CommentsPermalink
‘(c) Facilities- The Secretary may plan, design, and build a new facility or modify an existing facility to conduct research, development, and testing in traffic safety, highway safety, and motor vehicle safety. CommentsClose CommentsPermalink
‘(d) Availability of Information, Patents, and Developments- When the United States Government makes more than a minimal contribution to a research or development activity under this chapter, the Secretary shall include in the arrangement for the activity a provision to ensure that all information, patents, and developments related to the activity are available to the public without charge. The owner of a background patent may not be deprived of a right under the patent. CommentsClose CommentsPermalink
‘Sec. 30183. Public health authority
‘For purposes of collecting and analyzing medical data for transportation safety research under this chapter or chapter 4 of title 23, the term ‘public health authority’ (as defined in section 164.501 of title 45, Code of Federal Regulations), shall include the National Highway Traffic Safety Administration. Any ‘protected health information’ (as defined in section 160.103 of title 45, Code of Federal Regulations) collected or received by the National Highway Traffic Safety Administration in its capacity as a public health authority may not be subject to discovery, be admitted into evidence, or be used in any administrative, civil, criminal, or other judicial proceeding.
‘Sec. 30184. Prohibition on certain disclosures.
‘Any report of the National Highway Traffic Safety Administration, or of any officer, employee, or contractor of the National Highway Traffic Safety Administration, relating to any highway traffic accident or the investigation of such accident conducted pursuant to this chapter or section 403 of title 23, shall be made available to the public in a manner that does not identify individuals.’. CommentsClose CommentsPermalink
(b) Conforming Amendments- CommentsClose CommentsPermalink
(1) AMENDMENT OF CHAPTER ANALYSIS- The chapter analysis for chapter 301 of title 49, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink
‘subchapter v--motor vehicle safety research and development
‘30181. Policy. CommentsClose CommentsPermalink
‘30182. Powers and duties. CommentsClose CommentsPermalink
‘30183. Public health authority.‘30184. Prohibition on certain disclosures.’. CommentsClose CommentsPermalink
(2) DELETION OF REDUNDANT MATERIAL- Chapter 301 of title 49, United States Code, is amended-- CommentsClose CommentsPermalink
(A) in the chapter analysis, by striking the item relating to section 30168; and CommentsClose CommentsPermalink
(B) by striking section 30168. CommentsClose CommentsPermalink
SEC. 205. ODOMETER REQUIREMENTS DEFINITION.
SEC. 206. ELECTRONIC DISCLOSURES OF ODOMETER INFORMATION.
‘(g) Electronic Disclosures- In carrying out this section, the Secretary may prescribe regulations permitting any written disclosures or notices and related matters to be provided electronically.’. CommentsClose CommentsPermalink
SEC. 207. INCREASED PENALTIES AND DAMAGES FOR ODOMETER FRAUD.
Chapter 327 of title 49, United States Code, is amended-- CommentsClose CommentsPermalink
(1) in section 32709(a)(1)-- CommentsClose CommentsPermalink
(A) by striking ‘$2,000’ and inserting ‘$10,000’; and CommentsClose CommentsPermalink
(B) by striking ‘$100,000’ and inserting ‘$1,000,000’; and CommentsClose CommentsPermalink
(2) in section 32710(a), by striking ‘$1,500’ and inserting ‘$10,000’. CommentsClose CommentsPermalink
SEC. 208. EXTEND PROHIBITIONS ON IMPORTING NONCOMPLIANT VEHICLES AND EQUIPMENT TO DEFECTIVE VEHICLES AND EQUIPMENT.
(1) in subsection (a), by adding at the end the following: CommentsClose CommentsPermalink
‘(3) Except as provided in this section, section 30114, subsections (i) and (j) of section 30120, and subchapter III, a person may not sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States any motor vehicle or motor vehicle equipment if the vehicle or equipment contains a defect related to motor vehicle safety about which notice was given under section 30118(c) or an order was issued under section 30118(b). Nothing in this paragraph may be construed to prohibit the importation of a new motor vehicle that receives a required recall remedy before being sold to a consumer in the United States.’; and CommentsClose CommentsPermalink
(2) in subsection (b)(2)-- CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking ‘or’ at the end; CommentsClose CommentsPermalink
(B) in subparagraph (B), by adding ‘or’ at the end; and CommentsClose CommentsPermalink
(C) by adding at the end the following: CommentsClose CommentsPermalink
‘(C) having no reason to know, despite exercising reasonable care, that a motor vehicle or motor vehicle equipment contains a defect related to motor vehicle safety about which notice was given under section 30118(c) or an order was issued under section 30118(b);’. CommentsClose CommentsPermalink
SEC. 209. FINANCIAL RESPONSIBILITY REQUIREMENTS FOR IMPORTERS.
Chapter 301 of title 49, United States Code, is amended-- CommentsClose CommentsPermalink
(1) in the chapter analysis, by striking the item relating to subchapter III and inserting the following: CommentsClose CommentsPermalink
‘subchapter iii--importing motor vehicles and equipment’;
(2) in the heading for subchapter III, by striking ‘NONCOMPLYING’; and CommentsClose CommentsPermalink
(3) in section 30147, by amending subsection (b) to read as follows: CommentsClose CommentsPermalink
‘(b) Financial Responsibility Requirement- CommentsClose CommentsPermalink
‘(1) RULEMAKING- The Secretary of Transportation may issue regulations requiring each person that imports a motor vehicle or motor vehicle equipment into the customs territory of the United States, including a registered importer (or any successor in interest), provide and maintain evidence, satisfactory to the Secretary, of sufficient financial responsibility to meet its obligations under section 30117(b), sections 30118 through 30121, and section 30166(f). CommentsClose CommentsPermalink
‘(2) REFUSAL OF ADMISSION- If the Secretary of Transportation believes that a person described in paragraph (1) has not provided and maintained evidence of sufficient financial responsibility to meet the obligations referred to in paragraph (1), the Secretary of Homeland Security may refuse the admission into the customs territory of the United States of any motor vehicle or motor vehicle equipment imported by the person. CommentsClose CommentsPermalink
‘(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 2011-- CommentsClose CommentsPermalink
‘(A) have imported motor vehicles into the United States that are certified to comply with all applicable Federal motor vehicle safety standards; CommentsClose CommentsPermalink
‘(B) have submitted to the Secretary appropriate manufacturer identification information under part 566 of title 49, Code of Federal Regulations; and CommentsClose CommentsPermalink
‘(C) if applicable, have identified a current agent for service of process in accordance with part 551 of title 49, Code of Federal Regulations.’. CommentsClose CommentsPermalink
SEC. 210. CONDITIONS ON IMPORTATION OF VEHICLES AND EQUIPMENT.
Chapter 301 of title 49, United States Code, is amended-- CommentsClose CommentsPermalink
(1) in the chapter analysis, by striking the item relating to section 30164 and inserting the following: CommentsClose CommentsPermalink
‘30164. Service of process; conditions on importation of vehicles and equipment.’; CommentsClose CommentsPermalink
and CommentsClose CommentsPermalink
(2) in section 30164-- CommentsClose CommentsPermalink
(A) in the section heading, by adding ‘; conditions on importation of vehicles and equipment’ at the end; and CommentsClose CommentsPermalink
(B) by adding at the end the following: CommentsClose CommentsPermalink
‘(c) Identifying Information- A manufacturer (including an importer) offering a motor vehicle or motor vehicle equipment for import shall identifyprovide such information as the Secretary may, by rule, request including-- CommentsClose CommentsPermalink
‘(1) the product by name, and the manufacturer’s address, or such other identifying information as the Secretary may, by rule, request; and CommentsClose CommentsPermalink
‘(2) each retailer or distributor to which the manufacturer directly supplied motor vehicles or motor vehicle equipment over which the Secretary has jurisdiction under this chapter. CommentsClose CommentsPermalink
‘(d) Rulemaking- The Secretary may issue regulations that-- CommentsClose CommentsPermalink
‘(1) condition the import of a motor vehicle or motor vehicle equipment on the manufacturer’s compliance with-- CommentsClose CommentsPermalink
‘(A) the requirements under this section; CommentsClose CommentsPermalink
‘(B) any rules issued with respect to such requirements; or CommentsClose CommentsPermalink
‘(C) any other requirements under this chapter or rules issued with respect to such requirements; CommentsClose CommentsPermalink
‘(2) provide an opportunity for the manufacturer to present information before the Secretary’s determination as to whether the manufacturer’s imports should be restricted; and CommentsClose CommentsPermalink
‘(3) establish a process by which a manufacturer may petition for reinstatement of its ability to import motor vehicles or motor vehicle equipment. CommentsClose CommentsPermalink
‘(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 the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2011-- CommentsClose CommentsPermalink
‘(1) have imported motor vehicles into the United States that are certified to comply with all applicable Federal motor vehicle safety standards, CommentsClose CommentsPermalink
‘(2) have submitted to the Secretary appropriate manufacturer identification information under part 566 of title 49, Code of Federal Regulations; and CommentsClose CommentsPermalink
‘(3) if applicable, have identified a current agent for service of process in accordance with part 551 of title 49, Code of Federal Regulations.’. CommentsClose CommentsPermalink
SEC. 211. PORT INSPECTIONS; SAMPLES FOR EXAMINATION OR TESTING.
(1) in paragraph (2), by striking ‘and’ at the end; CommentsClose CommentsPermalink
(2) in paragraph (3)-- CommentsClose CommentsPermalink
(A) in subparagraph (A), by inserting ‘(including at United States ports of entry)’ after ‘held for introduction in interstate commerce’; and CommentsClose CommentsPermalink
(B) in subparagraph (D), by striking the period at the end and inserting a semicolon; and CommentsClose CommentsPermalink
(3) by adding at the end the following: CommentsClose CommentsPermalink
‘(4) shall obtain from the Secretary of Homeland Security without charge, upon the request of the Secretary of Transportation, a reasonable number of samples of motor vehicle equipment being offered for import to determine compliance with this chapter or a regulation or order issued under this chapter; and CommentsClose CommentsPermalink
‘(5) shall instruct the Secretary of Homeland Security to refuse admission of the motor vehicle equipment into the customs territory of the United States if the Secretary of Transportation determines, after examination of the samples obtained under paragraph (4) or through other means, that such refusal is warranted due to noncompliance with-- CommentsClose CommentsPermalink
‘(A) this chapter; CommentsClose CommentsPermalink
‘(B) a regulation prescribed under this chapter; or CommentsClose CommentsPermalink
‘(C) an order issued under this chapter.’. CommentsClose CommentsPermalink
TITLE III--TRANSPARENCY AND ACCOUNTABILITY
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TITLE III--TRANSPARENCY AND ACCOUNTABILITY CommentsClose CommentsPermalink
SEC. 301. IMPROVED NHTSAATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION VEHICLE SAFETY DATABASE.
(a) In General- Not later than 2 years after the date of the enactment of this Act, the Secretary shallenactment of this Act, the Secretary shall improve public accessibility to information on the National Highway Traffic Safety Administration’s publicly accessible vehicle safety databases by-- CommentsClose CommentsPermalink
(1) improving organization and functionality, including modern web design features, and allowing for data to be searched, aggregated, and downloaded; CommentsClose CommentsPermalink
(2) providing greater consistency in presentation of vehicle safety issues; and CommentsClose CommentsPermalink
(3) improving searchability about specific vehicles and issues through standardization of commonly used search terms. CommentsClose CommentsPermalink
(b) Vehicle Recall Information- CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Secretary shall require that motor vehicle safety enactment of this Act, the Secretary shall require that motor vehicle safety recall information-- CommentsClose CommentsPermalink
(A) is available to the public on the Internet; CommentsClose CommentsPermalink
(B) is searchable by vehicle make and model and vehicle identification number; CommentsClose CommentsPermalink
(C) is in a format that preserves consumer privacy; and CommentsClose CommentsPermalink
(D) includes information about each recall that has not been completed for each vehicle. CommentsClose CommentsPermalink
(2) RULEMAKING- The Secretary may initiate a rulemaking proceeding to require each manufacturer to provide the information described in paragraph (1), with respect to that manufacturer’s motor vehicles, at no cost on a publicly accessible Internet website. CommentsClose CommentsPermalink
(3) DATABASE AWARENESS PROMOTION ACTIVITIES- The Secretary, in consultation with the heads of other relevant agencies, shall promote consumer awareness of the information made available to the public pursuant to this subsection. CommentsClose CommentsPermalink
SEC. 302. NHTSAATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC PERSONNEL.
The Secretary shall-- CommentsClose CommentsPermalink
(1) establish a means by which mechanics, passenger motor vehicle dealership personnel, and passenger motor vehicle manufacturer personnel may directly and confidentially contact the National Highway Traffic Safety Administration to report potential passenger motor vehicle safety defects; and CommentsClose CommentsPermalink
(2) publicize the means for contacting the National Highway Traffic Safety Administration in a manner that targets mechanics, passenger motor vehicle dealership personnel, and manufacturer personnel. CommentsClose CommentsPermalink
SEC. 303. CONSUMER NOTICE OF SOFTWARE UPDATES AND OTHER COMMUNICATIONS WITH DEALERS.
(a) Internet Accessibility-
(1) by striking ‘A manufacturer shall give the Secretary of Transportation’ and inserting the following: CommentsClose CommentsPermalink
‘(1) IN GENERAL- A manufacturer shall give the Secretary of Transportation, and make available on a publicly accessible Internet website,’; and CommentsClose CommentsPermalink
(2) by adding at the end the following: CommentsClose CommentsPermalink
‘(2) NOTICES- Communications required to be submitted to the Secretary and made available on a publicly accessible Internet website under this subsection shall include all notices to dealerships of software upgrades and modifications recommended by a manufacturer for all previously sold vehicles. Notice is required even if the software upgrade or modification is not related to a safety defect or noncompliance with a motor vehicle safety standard. The notice shall include a plain language description of the purpose of the update and that description shall be prominently placed at the beginning of the notice. CommentsClose CommentsPermalink
‘(3) INDEX- Communications required to be submitted to the Secretary under this subsection shall be accompanied by an index to each communication, which-- CommentsClose CommentsPermalink
‘(A) identifies the make, model, and model year of the affected vehicles; CommentsClose CommentsPermalink
‘(B) includes a concise summary of the subject matter of the communication; and CommentsClose CommentsPermalink
‘(C) shall be made available by the Secretary to the public on the Internet in a searchable format.’. CommentsClose CommentsPermalink
SEC. 304. PUBLIC AVAILABILITY OF EARLY WARNING DATA.
(1) in paragraph (3)(A), by amending clause (ii) to read as follows: ‘(ii) customer satisfaction campaigns, customer advisories, recalls, consumer complaints, warranty claims, field reports, technical service bulletins, or other activity involving the repair or replacement of motor vehicles or motor vehicle equipment.’; and
(2) in paragraph (4), by amending subparagraph (C) to read as follows:
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‘(C) DISCLOSURE- CommentsClose CommentsPermalink
‘(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. CommentsClose CommentsPermalink
‘(ii) PRESUMPTION- In administering this subparagraph, the Secretary shall presume in favor of maximum public availability of information.
‘(iii) NONEXEMPT INFORMATION- The Secretary shall presume that the following types of information are not exempt from disclosure under section 552(b) of title 5:
‘(I) Vehicle safety defect information related to incidents involving death or injury.
‘(II) Aggregated numbers of property damage claims.
‘(III) Aggregated numbers of consumer complaints related to potential vehicle defects.’. CommentsClose CommentsPermalink
SEC. 305. CORPORATE RESPONSIBILITY FOR NHTSAATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION REPORTS.
(a) In General-
‘(o) Corporate Responsibility for Reports- CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary shall require a senior official responsible for safety in each company submitting information to the Secretary in response to a request for information in a safety defect or compliance investigation under this chapter to certify that-- CommentsClose CommentsPermalink
‘(A) the signing official has reviewed the submission; and CommentsClose CommentsPermalink
‘(B) based on the official’s knowledge, the submission does not-- CommentsClose CommentsPermalink
‘(i) contain any untrue statement of a material fact; or CommentsClose CommentsPermalink
‘(ii) omit to state a material fact necessary in order to make the statements made not misleading, in light of the circumstances under which such statements were made. CommentsClose CommentsPermalink
‘(2) NOTICE- The certification requirements of this section shall be clearly stated on any request for information under paragraph (1).’. CommentsClose CommentsPermalink
(b) Civil Penalty-
(1) in paragraph (3), by striking ‘A person’ and inserting ‘Except as provided in paragraph (4), a person’; and CommentsClose CommentsPermalink
(2) by adding at the end the following: CommentsClose CommentsPermalink
‘(4) FALSE, MISLEADING, OR INCOMPLETE REPORTS- A person who knowingly and willfully submits materially false, misleading, or incomplete information to the Secretary, after certifying the same information as accurate and complete under the certification process established pursuant to section 30166(o), shall be subject to a civil penalty of not more than $5,000 per day. The maximum penalty under this paragraph for a related series of daily violations is $5,000,000.’. CommentsClose CommentsPermalink
SEC. 306. PASSENGER MOTOR VEHICLE INFORMATION PROGRAM.
(a) Definition-
(1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; CommentsClose CommentsPermalink
(2) by inserting before paragraph (2), as redesignated, the following: CommentsClose CommentsPermalink
‘(1) ‘crash avoidance’ means preventing or mitigating a crash;’; and CommentsClose CommentsPermalink
(3) in paragraph (2), as redesignated, by striking the period at the end and inserting ‘; and’. CommentsClose CommentsPermalink
(b) Information Included-
(1) in paragraph (2), by inserting ‘, crash avoidance, and any other areas the Secretary determines will improve the safety of passenger motor vehicles’ after ‘crashworthiness’; and CommentsClose CommentsPermalink
(2) by striking paragraph (4). CommentsClose CommentsPermalink
SEC. 307. PROMOTION OF VEHICLE DEFECT REPORTING.
‘(d) Motor Vehicle Defect Reporting Information- CommentsClose CommentsPermalink
‘(1) RULEMAKING REQUIRED- Not later than 1 year after the date of the enactment of the Motor Vehicle and Highway Safety Improvement Act of 2011, the Secretary shall prescribe regulations that require passenger motor vehicle manufacturers-- CommentsClose CommentsPermalink
‘(A) to affix, in the glove compartment or in another readily accessible location on the vehicle, a sticker, decal, or other device that provides, in simple and understandable language, information about how to submit a safety-related motor vehicle defect complaint to the National Highway Traffic Safety Administration; CommentsClose CommentsPermalink
‘(B) to prominently print the information described in subparagraph (A) on a separate page within the owner’s manual; and CommentsClose CommentsPermalink
‘(C) to not place such information on the label required under section 3 of the Automobile Information Disclosure Act (
). CommentsClose CommentsPermalink 15 U.S.C. 1232 ‘(2) APPLICATION- The requirements under paragraph (1) shall apply to passenger motor vehicles manufactured in any model year beginning more than 1 year after the date on which a final rule is published under paragraph (1).’. CommentsClose CommentsPermalink
SEC. 308. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE MANUFACTURERS, PART SUPPLIERS, AND DEALERSHIP EMPLOYEES.
(a) In General- Subchapter IV of chapter 301 of title 49, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink
‘Sec. 30171. Protection of employees providing motor vehicle safety information
‘(a) Discrimination Against Employees of Manufacturers, Part Suppliers, and Dealerships- No motor vehicle manufacturer, part supplier, or dealership may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)-- CommentsClose CommentsPermalink
‘(1) provided, caused to be provided, or is about to provide (with any knowledge of the employer) or cause to be provided to the employer or the Secretary of Transportation information relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of this chapter; CommentsClose CommentsPermalink
‘(2) has filed, caused to be filed, or is about to file (with any knowledge of the employer) or cause to be filed a proceeding relating to any violation or alleged violation of any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of this chapter; CommentsClose CommentsPermalink
‘(3) testified or is about to testify in such a proceeding; CommentsClose CommentsPermalink
‘(4) assisted or participated or is about to assist or participate in such a proceeding; or CommentsClose CommentsPermalink
‘(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. CommentsClose CommentsPermalink
‘(b) Complaint Procedure- CommentsClose CommentsPermalink
‘(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 writing, the person named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2). CommentsClose CommentsPermalink
‘(2) INVESTIGATION; PRELIMINARY ORDER- CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the person named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have committed a violation of subsection (a) of the Secretary’s findings. If the Secretary concludes that there is a reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the Secretary’s findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Such hearings shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review. CommentsClose CommentsPermalink
‘(B) REQUIREMENTS- CommentsClose CommentsPermalink
‘(i) REQUIRED SHOWING BY COMPLAINANT- The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (5) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. CommentsClose CommentsPermalink
‘(ii) SHOWING BY EMPLOYER- Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior. CommentsClose CommentsPermalink
‘(iii) CRITERIA FOR DETERMINATION BY SECRETARY- The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (5) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. CommentsClose CommentsPermalink
‘(iv) PROHIBITION- Relief may not be ordered under subparagraph (A) if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior. CommentsClose CommentsPermalink
‘(3) FINAL ORDER- CommentsClose CommentsPermalink
‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT AGREEMENTS- Not later than 120 days after the date of conclusion of a hearing under paragraph (2), the Secretary shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation. CommentsClose CommentsPermalink
‘(B) REMEDY- If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall order the person who committed such violation-- CommentsClose CommentsPermalink
‘(i) to take affirmative action to abate the violation; CommentsClose CommentsPermalink
‘(ii) to reinstate the complainant to his or her former position together with the compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and CommentsClose CommentsPermalink
‘(iii) to provide compensatory damages to the complainant. CommentsClose CommentsPermalink
‘(C) Attorneys’ FEES- If such an order is issued under this paragraph, the Secretary, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys’ and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, bringing the complaint upon which the order was issued. CommentsClose CommentsPermalink
‘(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. CommentsClose CommentsPermalink
‘(E) DE NOVO REVIEW- With respect to a complaint under paragraph (1), if the Secretary of Labor has not issued a final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith of the employee, the employee may bring an original action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to the action, be tried by the court with a jury. The action shall be governed by the same legal burdens of proof specified in paragraph (2)(B) for review by the Secretary of Labor. CommentsClose CommentsPermalink
‘(4) REVIEW- CommentsClose CommentsPermalink
‘(A) APPEAL TO COURT OF APPEALS- Any person adversely affected or aggrieved by an order issued under paragraph (3) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review shall be filed not later than 60 days after the date of the issuance of the final order of the Secretary. Review shall conform to chapter 7 of title 5. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order. CommentsClose CommentsPermalink
‘(B) LIMITATION ON COLLATERAL ATTACK- An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. CommentsClose CommentsPermalink
‘(5) ENFORCEMENT OF ORDER BY SECRETARY- Whenever any person fails to comply with an order issued under paragraph (3), the Secretary may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief, including injunctive relief and compensatory damages. CommentsClose CommentsPermalink
‘(6) ENFORCEMENT OF ORDER BY PARTIES- CommentsClose CommentsPermalink
‘(A) COMMENCEMENT OF ACTION- A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order. CommentsClose CommentsPermalink
‘(B) ATTORNEY FEES- The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate. CommentsClose CommentsPermalink
‘(c) Mandamus- Any nondiscretionary duty imposed under this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28. CommentsClose CommentsPermalink
‘(d) Nonapplicability To Deliberate Violations- Subsection (a) shall not apply with respect to an employee of a motor vehicle manufacturer, part supplier, or dealership who, acting without direction from such motor vehicle manufacturer, part supplier, or dealership (or such person’s agent), deliberately causes a violation of any requirement relating to motor vehicle safety under this chapter.’. CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of sections for chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30170 the following: CommentsClose CommentsPermalink
‘30171. Protection of employees providing motor vehicle safety information.’. CommentsClose CommentsPermalink
SEC. 309. ACTIVITIES TO PROMOTE MOTOR VEHICLE AND HIGHWAY SAFETY.(a) In General- Section 30105 of title 49, United States Code
‘Sec. 30105. Activities to promote motor vehicle and highway safety‘Notwithstanding any other provision of law, amounts appropriated to the Secretary for the National Highway Traffic Safety Administration shall be available for activities to promote motor vehicle and highway safety, including activities specifically designed to urge State or local legislators or legislatures to favor or oppose the adoption of any specific legislative proposal.’.
(b) Conforming Amendment- The item relating to section 30105 in the analysis of chapter 301 is amended to read as follows:
‘30105. Activities to promote motor vehicle and highway safety.’.
SEC. 310. ANTI-REVOLVING DOOR.
‘Notwithstanding any other provision of law, amounts appropriated to the Secretary for the National Highway Traffic Safety Administration shall be available for activities to promote motor vehicle and highway safety, including activities specifically designed to urge State or local legislators or legislatures to favor or oppose the adoption of any specific legislative proposal.’.
(b) Conforming Amendment- The item relating to section 30105 in the analysis of chapter 301 is amended to read as follows:
‘30105. Activities to promote motor vehicle and highway safety.’.
(a) Amendment- Subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink
‘Sec. 30107. Restriction on covered motor vehicle safety officials
‘(a) In General- During the 2-year period after the termination of his or her service or employment, a covered vehicle safety official may not knowingly make, with the intent to influence, any communication to or appearance before any officer or employee of the National Highway Traffic Safety Administration on behalf of any manufacturer subject to regulation under this chapter in connection with any matter involving motor vehicle safety on which such person seeks official action by any officer or employee of the National Highway Traffic Safety Administration. CommentsClose CommentsPermalink
‘(b) Manufacturers- It is unlawful for any manufacturer or other person subject to regulation under this chapter to employ or contract for the services of an individual to whom subsection (a) applies during the 2-year period commencing on the individual’s termination of employment with the National Highway Traffic Safety Administration in a capacity in which the individual is prohibited from serving during that period. CommentsClose CommentsPermalink
‘(c) Special Rule for Detailees- For purposes of this section, a person who is detailed from 1 department, agency, or other entity to another department, agency, or other entity shall, during the period such person is detailed, be deemed to be an officer or employee of both departments, agencies, or such entities. CommentsClose CommentsPermalink
‘(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. CommentsClose CommentsPermalink
‘(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. CommentsClose CommentsPermalink
‘(f) Defined Term- In this section, the term ‘covered vehicle safety official’ means any officer or employee of the National Highway Traffic Safety Administration-- CommentsClose CommentsPermalink
‘(1) who, during the final 12 months of his or her service or employment with the agency, serves or served in a technical or legal capacity, and whose job responsibilities include or included vehicle safety defect investigation, vehicle safety compliance, vehicle safety rulemaking, or vehicle safety research; and CommentsClose CommentsPermalink
‘(2) who serves in a supervisory or management capacity over an officer or employee described in paragraph (1). CommentsClose CommentsPermalink
‘(g) Effective Date- This section shall apply to covered vehicle safety officials who terminate service or employment with the National Highway Traffic Safety Administration after the date of the enactment of the Motor Vehicle and Highway Safety Improvement Act of 2011.’. CommentsClose CommentsPermalink
(b) Civil Penalty-
, as amended by this title, is further amended by adding at the end the following: CommentsClose CommentsPermalink Section 30165(a) of title 49, United States Code
‘(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-- CommentsClose CommentsPermalink
‘(A) an amount equal to not less than $100,000; and CommentsClose CommentsPermalink
‘(B) an amount equal to 90 percent of the annual compensation or fee paid or payable to the individual with respect to whom the violation occurred.’. CommentsClose CommentsPermalink
(c) Study of Department of Transportation Policies on Official Communication With Former Motor Vehicle Safety Issue Employees- Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Department of Transportation shall-- CommentsClose CommentsPermalink
(1) review the Department of Transportation’s policies and procedures applicable to official communication with former employees concerning motor vehicle safety compliance matters for which they had responsibility during the last 12 months of their tenure at the Department, including any limitations on the ability of such employees to submit comments, or otherwise communicate directly with the Department, on motor vehicle safety issues; and CommentsClose CommentsPermalink
(2) submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that contains the Inspector General’s findings, conclusions, and recommendations for strengthening those policies and procedures to minimize the risk of undue influence without compromising the ability of the Department to employ and retain highly qualified individuals for such responsibilities. CommentsClose CommentsPermalink
(d) Post-Employment Policy Study- CommentsClose CommentsPermalink
(1) IN GENERAL- The Inspector General of the Department of Transportation shall conduct a study of the Department’s policies relating to post-employment restrictions on employees who perform functions related to transportation safety. CommentsClose CommentsPermalink
(2) REPORT- Not later than 1 year after the date of the enactment of this Act, theenactment of this Act, the Inspector General shall submit a report containing the results of the study conducted under paragraph (1) to-- CommentsClose CommentsPermalink
(A) the Committee on Commerce, Science, and Transportation of the Senate; CommentsClose CommentsPermalink
(B) the Committee on Energy and Commerce of the House of Representatives; and CommentsClose CommentsPermalink
(C) the Secretary of Transportation. CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(e) Conforming Amendment- The table of contents for chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30106 the following: CommentsClose CommentsPermalink
‘30107. Restriction on covered motor vehicle safety officials.’. CommentsClose CommentsPermalink
SEC. 3110. STUDY OF CRASH DATA COLLECTION.
(a) In General- Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate the Committee on Energy and Commerce of the House of Representatives regarding the quality of data collected through the National Automotive Sampling System, including the Special Crash Investigations Program. CommentsClose CommentsPermalink
(b) Review- The Administrator of the National Highway Traffic Safety Administration (referred to in this section as the ‘Administration’) shall conduct a comprehensive review of the data elements collected from each crash to determine if additional data should be collected. The review under this subsection shall include input from interested parties, including suppliers, automakers, safety advocates, the medical community, and research organizations. CommentsClose CommentsPermalink
(c) Contents- The report issued under this section shall include-- CommentsClose CommentsPermalink
(1) the analysis and conclusions the Administration can reach from the amount of motor vehicle crash data collected in a given year; CommentsClose CommentsPermalink
(2) the additional analysis and conclusions the Administration could reach if more crash investigations were conducted each year; CommentsClose CommentsPermalink
(3) the number of investigations per year that would allow for optimal data analysis and crash information; CommentsClose CommentsPermalink
(4) the results of the comprehensive review conducted pursuant to subsection (b); CommentsClose CommentsPermalink
(5) recommendations for improvements to the Administration’s data collection program; and CommentsClose CommentsPermalink
(6) the resources needed by the Administration to implement such recommendations. CommentsClose CommentsPermalink
SEC. 3121. UPDATE MEANS OF PROVIDING NOTIFICATION; IMPROVING EFFICACY OF RECALLS.
(a) Update of Means of Providing Notification-
(1) by striking, in paragraph (1), ‘by first class mail’ and inserting ‘in the manner prescribed by the Secretary, by regulation’; CommentsClose CommentsPermalink
(2) in paragraph (2)-- CommentsClose CommentsPermalink
(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 CommentsClose CommentsPermalink
(B) by striking the second sentence; CommentsClose CommentsPermalink
(3) in paragraph (3)-- CommentsClose CommentsPermalink
(A) by striking the first sentence; CommentsClose CommentsPermalink
(B) by inserting ‘to the notification required under paragraphs (1) and (2)’ after ‘addition’; and CommentsClose CommentsPermalink
(C) by inserting ‘by the manufacturer’ after ‘given’; and CommentsClose CommentsPermalink
(4) in paragraph (4), by striking ‘by certified mail or quicker means if available’ and inserting ‘in the manner prescribed by the Secretary, by regulation’. CommentsClose CommentsPermalink
(b) Improving Efficacy of Recalls-
(1) in the subsection heading, by striking ‘Second’ and inserting ‘Additional’; CommentsClose CommentsPermalink
(2) by striking ‘If the Secretary’ and inserting the following: CommentsClose CommentsPermalink
‘(1) SECOND NOTIFICATION- If the Secretary’; and CommentsClose CommentsPermalink
(3) by adding at the end the following: CommentsClose CommentsPermalink
‘(2) ADDITIONAL NOTIFICATIONS- If the Secretary determines, after considering the severity of the defect or noncompliance, that the second notification by a manufacturer does not result in an adequate number of motor vehicles or items of replacement equipment being returned for remedy, the Secretary may order the manufacturer-- CommentsClose CommentsPermalink
‘(A) to send additional notifications in the manner prescribed by the Secretary, by regulation; CommentsClose CommentsPermalink
‘(B) to take additional steps to locate and notify each person registered under State law as the owner or lessee or the most recent purchaser or lessee, as appropriate; and CommentsClose CommentsPermalink
‘(C) to emphasize the magnitude of the safety risk caused by the defect or noncompliance in such notification.’. CommentsClose CommentsPermalink