[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3302 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3302
To amend title 49, United States Code, to establish new automobile
safety standards, make better motor vehicle safety information
available to the National Highway Traffic Safety Administration and the
public, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2010
Mr. Rockefeller (for himself, Mr. Pryor, Mrs. Boxer, Ms. Cantwell, Mr.
lautenberg, Ms. Klobuchar, Mr. Begich, and Mr. Udall of New Mexico)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to establish new automobile
safety standards, make better motor vehicle safety information
available to the National Highway Traffic Safety Administration and the
public, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Motor Vehicle
Safety Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS
Sec. 101. NHTSA electronics, software, and engineering expertise.
Sec. 102. Vehicle stopping distance and brake override standard.
Sec. 103. Pedal placement standard.
Sec. 104. Electronic systems performance standard.
Sec. 105. Keyless ignition systems standard.
Sec. 106. Transmission configuration standard.
Sec. 107. Vehicle event data recorders.
TITLE II--ENHANCED SAFETY AUTHORITIES
Sec. 201. Civil penalties.
Sec. 202. Imminent hazard authority.
TITLE III--TRANSPARENCY AND ACCOUNTABILITY
Sec. 301. Public availability of early warning data.
Sec. 302. Improved NHTSA vehicle safety database.
Sec. 303. Consumer notice of software updates and other communications
with dealers.
Sec. 304. Promotion of vehicle defect reporting.
Sec. 305. NHTSA hotline for manufacturer, dealer, and mechanic
personnel.
Sec. 306. Whistleblower protections for motor vehicle manufacturer,
part supplier, and dealership employees.
Sec. 307. Corporate responsibility for NHTSA reports.
Sec. 308. Anti-revolving door.
Sec. 309. Deadlines for rulemaking.
TITLE IV--FUNDING
Sec. 401. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Passenger vehicle.--The term ``passenger vehicle''
means a motor vehicle (as defined in section 30102(a)(6) of
title 49, United States Code), other than a motorcycle or
trailer, that is rated at less than 10,000 pounds gross
vehicular weight.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation, acting through the Administrator of the
National Highway Traffic Safety Administration.
TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS
SEC. 101. NHTSA ELECTRONICS, SOFTWARE, AND ENGINEERING EXPERTISE.
(a) Center for Vehicle Electronics, Vehicle Software, and Emerging
Technologies.--The Secretary shall establish, within the National
Highway Traffic Safety Administration, a Center for Vehicle
Electronics, Vehicle Software, and Emerging Technologies to build,
integrate, and aggregate the agency's expertise in vehicle electronics
and other new and emerging technologies. The center shall coordinate
with all components of the agency responsible for vehicle safety,
including research and development, rulemaking, and defects
investigation.
(b) Honors Recruitment Program.--The Secretary shall establish,
within the National Highway Traffic Safety Administration, an honors
program for engineering students, computer science students, and other
students interested in vehicle safety that will enable them to train
with engineers and other safety officials for a career in vehicle
safety. The Secretary is authorized to provide a stipend to students
during their participation in the program.
SEC. 102. VEHICLE STOPPING DISTANCE AND BRAKE OVERRIDE STANDARD.
(a) Unintended Acceleration.--The Secretary shall initiate a
rulemaking proceeding to prescribe a Federal motor vehicle safety
standard that would prevent unintended acceleration in passenger
vehicles. The standard--
(1) shall require manufacturers of passenger vehicles to
equip the vehicles with a technology or mechanism that enables
a driver to bring a vehicle safely to a full stop within a
specified distance, to be determined by the Secretary according
to the speed, size, and weight of the vehicle, by normal
braking pressure even if the vehicle is operating
simultaneously at open throttle;
(2) may permit compliance through a smart pedal system that
requires brake pedal input, after a period of time, to override
the input signal from the accelerator pedal and other
functions, in order to safely control the vehicle;
(3) shall require that redundant circuits or other
mechanisms be built into accelerator control systems, including
systems controlled by electronic throttle, to maintain vehicle
control in the event of failure of the primary circuit or
mechanism; and
(4) may permit vehicles to incorporate a means by which the
driver would be able to temporarily disengage the function
required under paragraph (1) to facilitate operations, such as
maneuvering trailers, that may require the simultaneous
operation of brake and accelerator.
(b) Deadline.--The Secretary shall issue a final rule under
subsection (a) within 1 year after the date of enactment of this Act.
(c) Lead-Time.--The standard prescribed under subsection (a) shall
provide not more than 2 model years of regulatory lead-time.
SEC. 103. PEDAL PLACEMENT STANDARD.
(a) In General.--The Secretary shall initiate a rulemaking
proceeding to prescribe a Federal motor vehicle safety standard that
would prevent potential obstruction of pedal movement in passenger
vehicles by establishing minimum clearances for passenger vehicle foot
pedals with respect to other pedals, the vehicle floor (including
aftermarket floor coverings), and any other potential obstruction to
pedal movement, taking into account various pedal mounting
configurations.
(b) Deadline.--The Secretary shall issue a final rule under
subsection (a) within 2 years after the date of enactment of this Act.
(c) Combined Rulemaking.--If appropriate, the Secretary may combine
the rulemaking proceeding required by subsection (a) with the
rulemaking proceeding required by section 102.
(d) Lead-Time.--The standard prescribed under subsection (a) shall
provide not more than 2 model years of regulatory lead-time.
SEC. 104. ELECTRONIC SYSTEMS PERFORMANCE STANDARD.
(a) In General.--The Secretary shall initiate a rulemaking
proceeding to require electronic systems in passenger vehicles to meet
minimum performance standards. Such a rule may include requirements for
electronic components, the interaction of those electronic components,
or the effect of surrounding environments on those electronic systems.
(b) Deadline.--The Secretary shall issue a final rule under
subsection (a) within 3 years after the date of enactment of this Act.
(c) Lead-Time.--The standard prescribed under subsection (a) shall
provide not more than 2 model years of regulatory lead-time.
SEC. 105. KEYLESS IGNITION SYSTEMS STANDARD.
(a) In General.--The Secretary shall initiate a rulemaking
proceeding to prescribe a Federal motor vehicle safety standard for
passenger vehicles with keyless or push-button ignition systems, to
establish--
(1) the means by which a driver who may be unfamiliar with
the vehicle uses the ignition system to safely bring a vehicle
under control during an emergency situation; and
(2) the appropriate labeling, size, and location of the
controls for such systems.
(b) Deadline.--The Secretary shall issue a final rule under
subsection (a) within 1 year after the date of enactment of this Act.
(c) Lead-Time.--The standard prescribed under subsection (a) shall
provide not more than 2 model years of regulatory lead-time.
SEC. 106. TRANSMISSION CONFIGURATION STANDARD.
(a) In General.--The Secretary shall initiate a rulemaking
proceeding to prescribe a Federal motor vehicle safety standard for
passenger vehicles requiring an intuitive configuration and labeling of
gear shifting controls for drivers, including drivers unfamiliar with
the vehicle, and that makes the neutral position conspicuous.
(b) Deadline.--The Secretary shall issue a final rule under
subsection (a) within 1 year after the date of enactment of this Act.
(c) Lead-Time.--The standard prescribed under subsection (a) shall
provide not more than 1 model year of regulatory lead-time.
SEC. 107. VEHICLE EVENT DATA RECORDERS.
(a) Mandatory Event Data Recorders.--Not later than 60 days after
the date of enactment of this Act, the Secretary shall require that all
passenger vehicles be equipped with an event data recorder that meets
the requirements for such recorders established in part 563 of title
49, Code of Federal Regulations. The Secretary shall require compliance
with such requirement for all passenger vehicles manufactured in the
first model year that is 2 years after the date of enactment of this
Act.
(b) Revised Requirements for Event Data Recorders.--The Secretary
shall initiate a rulemaking proceeding requiring that the event data
recorders required to be installed in passenger vehicles pursuant to
subsection (a)--
(1) be temperature, water, crash, and tamper resistant; and
(2) continuously record vehicle operational data that can
be accessed for retrieval and analysis in accordance with
subsections (c) and (d).
(c) Specifications.--The rule--
(1) shall require such recorders to record, for a
reasonable time before, during, and after a crash or airbag
deployment, information that includes engine performance,
steering, braking, acceleration, vehicle speed, seat belt use,
and airbag deployment level, deactivation status, deployment
time, and deployment stage, and may require such recorders to
record other data, such as data related to vehicle rollovers,
as the Secretary considers appropriate;
(2) shall require such recorders to record data for at
least 60 seconds prior to, and 15 seconds after, a crash or
airbag deployment;
(3) may require such recorders to capture certain events
such as rapid deceleration, full-throttle acceleration lasting
more than 15 seconds, and full braking lasting more than 10
seconds, even if there is not a crash or airbag deployment;
(4) may not require information recorded or transmitted by
such data recorders to include the vehicle's location;
(5) shall require that data stored on such recorders be
accessible, regardless of vehicle manufacturer or model, with
commercially available equipment; and
(6) shall specify data format requirements and other
requirements, and shall require an interoperable data access
port to facilitate universal accessibility and analysis.
(d) Limitations on Information Retrieval.--
(1) Ownership of data.--The rule issued under subsection
(b) shall provide that any data in a data recorder required
under the rule is the property of the owner or lessee of the
motor vehicle in which the data recorder is installed.
(2) Privacy.--The rule issued under subsection (b) shall
provide that information recorded or transmitted by such a data
recorder may not be retrieved by a person other than the owner
or lessee of the motor vehicle in which the recorder is
installed unless--
(A) a court authorizes retrieval of the information
in furtherance of a legal proceeding;
(B) the owner or lessee consents to the retrieval
of the information for any purpose, including the
purpose of diagnosing, servicing, or repairing the
motor vehicle; or
(C) the information is retrieved by a Government
motor vehicle safety agency for the purpose of
improving motor vehicle safety if the personally
identifiable information of the owner, lessee, or
driver of the vehicle and the vehicle identification
number is not disclosed in connection with the
retrieved information.
(e) Disclosure of Existence and Purpose of Event Data Recorder.--
The rule issued under subsection (b) shall provide that any owner's
manual or similar documentation provided to the first purchaser of a
passenger vehicle for purposes other than resale shall disclose that
the vehicle is equipped with such a data recorder and explain the
purpose of the recorder.
(f) Access to Event Data Recorders in Defect Investigations.--
Section 30166(c)(3)(C) of title 49, United States Code, is amended by
inserting ``, including any electronic data contained within the
vehicle's diagnostic system or event data recorder'' after
``equipment''.
(g) Deadline for Rulemaking.--The Secretary shall issue a final
rule under subsection (b) not later than 3 years after the date of
enactment of this Act.
(h) Lead-Time.--The rule issued under subsection (b) shall take
effect beginning with passenger vehicles manufactured in the first
model year that is 2 years after the date on which a final rule is
issued under this section.
TITLE II--ENHANCED SAFETY AUTHORITIES
SEC. 201. CIVIL PENALTIES.
Section 30165 of title 49, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in the first sentence by striking ``$5,000''and
inserting ``$25,000''; and
(B) by striking the third sentence; and
(2) in subsection (a)(3)--
(A) in the second sentence by striking ``$5,000''
and inserting ``$25,000''; and
(B) by striking the third sentence.
SEC. 202. IMMINENT HAZARD AUTHORITY.
(a) In General.--Section 30118(b) of title 49, United States Code,
is amended by adding at the end the following:
``(3) Imminent hazards.--
``(A) Orders.--Notwithstanding the procedures set
forth in paragraphs (1) and (2), if the Secretary
decides that a motor vehicle or an item of motor
vehicle replacement equipment is not compliant with a
motor vehicle safety standard or contains a defect
related to motor vehicle safety and presents an
imminent hazard to public safety that may result in
death or serious bodily harm, the Secretary--
``(i) shall notify the manufacturer of the
motor vehicle or replacement equipment of the
decision that the vehicle or equipment poses an
imminent safety hazard to the public and the
basis for that decision;
``(ii) may order the manufacturer and any
person having a legal relationship with the
manufacturer, including dealers and
distributors, to stop any further production,
sale, offer for sale, lease, offer for lease,
distribution, the introduction or delivery for
introduction in interstate commerce, or
importation into the United States of that
motor vehicle or item of replacement equipment;
and
``(iii) may order the manufacturer and any
person having a legal relationship with the
manufacturer, including dealers and
distributors, to notify purchasers of the
vehicle or item of replacement equipment of the
Secretary's decision that the vehicle or the
item of replacement equipment poses an imminent
safety hazard and provide the purchaser of such
vehicle or item of replacement equipment with
information explaining the safety risk and
actions the purchasers can take to reduce that
risk.''.
(b) Judicial Review of Recall Orders.--Section 30161 of title 49,
United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``A person'' and inserting ``(1) A
person''; and
(B) by adding at the end the following:
``(2) A person adversely affected by an order issued under section
30118 may apply for review of the order by filing a petition for review
in court of appeals of the United States for the circuit in which the
person resides or has its principal place of business or the United
States Court of Appeals for the District of Columbia Circuit. The
petition must be filed not later than 59 days after the order is
issued.''; and
(2) by adding at the end the following:
``(f) Availability of Review.--An action of the Secretary with
respect to which review could have been obtained under subsection
(a)(2) shall not be subject to judicial review in a civil action for
enforcement.''.
TITLE III--TRANSPARENCY AND ACCOUNTABILITY
SEC. 301. PUBLIC AVAILABILITY OF EARLY WARNING DATA.
(a) In General.--Section 30166(m) of title 49, United States Code,
is amended by--
(1) in paragraph (3)(A) by striking clause (ii) and
inserting the following:
``(ii) customer satisfaction campaigns,
customer advisories, recalls, consumer
complaints, warranty claims, field reports,
dealer communications, or other information
involving the repair or replacement of, or
software upgrades for, motor vehicles or motor
vehicle equipment.''; and
(2) in paragraph (4), by striking subparagraph (C) and
inserting the following:
``(C) Disclosure.--The information provided to the
Secretary pursuant to this subsection shall be
disclosed publicly unless exempt from disclosure under
section 552(b) of title 5.''.
(b) Regulations.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue regulations
establishing categories of information provided to the Secretary
pursuant to this subsection that must be made available to the public.
The Secretary may also establish categories of information that may be
withheld from public disclosure under paragraphs (4) and (6) of section
552(b) of title 5, United States Code.
(c) Consultation.--In conducting the rulemaking required under
subsection (a), the Secretary shall consult with the Director of the
Office of Government Information Services within the National Archives
and the Director of the Office of Information Policy of the Department
of Justice.
(d) Presumption and Limitation.--The Secretary shall issue the
regulations with a presumption in favor of maximum public availability
of information. The following types of information shall not be
eligible for protection under section 552(b) of title 5, United States
Code, and shall not be withheld from public disclosure:
(1) Production information regarding passenger vehicles,
information on incidents involving death or injury, and numbers
of property damage claims.
(2) Aggregated numbers of consumer complaints.
(e) Nullification of Prior Regulations.--Beginning 2 years after
the date of the enactment of this Act, the regulations establishing
early warning reporting class determinations in Appendix C of section
512 of title 49, Code of Federal Regulations, shall have no force or
effect.
SEC. 302. IMPROVED NHTSA VEHICLE SAFETY DATABASE.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall improve public accessibility
to information on the National Highway Traffic Safety Administration's
publicly accessible vehicle safety databases by--
(1) improving organization and functionality, including
design features such as dropdown menus, and allowing for data
to be searched, aggregated, and downloaded;
(2) providing greater consistency in presentation of
vehicle safety issues; and
(3) improving searchability about specific vehicles and
issues through standardization of commonly used search terms.
(b) Vehicle Recall Information.--The Secretary shall require that
motor vehicle recall information be made available to consumers on the
Internet, searchable by vehicle identification number in a format that
preserves consumer privacy. The Secretary may initiate a rulemaking
proceeding to require that such information be available on
manufacturer Web sites or through other reasonable means.
SEC. 303. CONSUMER NOTICE OF SOFTWARE UPDATES AND OTHER COMMUNICATIONS
WITH DEALERS.
(a) Internet Accessibility.--Section 30166(f) of title 49, United
States Code, is amended--
(1) by inserting ``, and make available on a publicly
accessible Internet website,'' after ``Secretary of
Transportation''; and
(2) by adding at the end the following: ``Communications
submitted to the Secretary and required to be published on a
manufacturer's Internet website shall include all notices to
dealerships of software upgrades and modifications recommended
by a manufacturer for all previously sold vehicles. Notice is
required even if the software upgrade or modification is not
related to a safety defect or noncompliance with a motor
vehicle safety standard. The notice shall include a plain
language description of the purpose of the update and that
description shall be prominently placed at the beginning of the
notice.''.
SEC. 304. PROMOTION OF VEHICLE DEFECT REPORTING.
Section 32302 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Motor Vehicle Defect Reporting Information.--
``(1) Rulemaking required.--Within 1 year after the date of
enactment of the Motor Vehicle Safety Act of 2010 the Secretary
shall prescribe regulations that require passenger motor
vehicle manufacturers to affix, in the glove compartment or in
another readily accessible location on the vehicle, a sticker,
decal, or other device that provides, in simple and
understandable language, information about how to submit a
safety-related motor vehicle defect complaint with the National
Highway Traffic Safety Administration. The Secretary shall
require the same information to be prominently printed on a
separate page within the owner's manual. The information may
not be placed on the label required by section 3 of the
Automobile Information Disclosure Act (15 U.S.C. 1232).
``(2) Application.--The requirements established under
paragraph (1) shall apply to passenger motor vehicles
manufactured in model years beginning more than 1 year after
the date on which a final rule is published under that
paragraph.''.
SEC. 305. NHTSA HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC
PERSONNEL.
The Secretary shall--
(1) establish a means by which mechanics, passenger vehicle
dealership personnel, and passenger vehicle manufacturer
personnel may contact the National Highway Traffic Safety
Administration directly and confidentially regarding potential
passenger vehicle safety defects; and
(2) publicize the means for contacting the National Highway
Traffic Safety Administration in a manner that targets
mechanics, passenger vehicle dealership personnel, and
manufacturer personnel.
SEC. 306. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE MANUFACTURER,
PART SUPPLIER, AND DEALERSHIP EMPLOYEES.
(a) In General.--Subchapter IV of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30171. Protection of employees providing motor vehicle safety
information
``(a) Discrimination Against Employees of Manufacturers, Part
Suppliers, and Dealerships.--No motor vehicle manufacturer, part
supplier, or dealership may discharge an employee or otherwise
discriminate against an employee with respect to compensation, terms,
conditions, or privileges of employment because the employee (or any
person acting pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide (with any knowledge of the employer) or cause to be
provided to the employer or the Secretary information relating
to any motor vehicle defect or any violation or alleged
violation of any notification or reporting requirement of this
chapter;
``(2) has filed, caused to be filed, or is about to file
(with any knowledge of the employer) or cause to be filed a
proceeding relating to any violation or alleged violation of
any motor vehicle defect or any violation or alleged violation
of any notification or reporting requirement of this chapter;
``(3) testified or is about to testify in such a
proceeding; or
``(4) assisted or participated or is about to assist or
participate in such a proceeding.
``(b) Complaint Procedure.--
``(1) Filing and notification.--A person who believes that
he or she has been discharged or otherwise discriminated
against by any person in violation of subsection (a) may, not
later than 180 days after the date on which such violation
occurs, file (or have any person file on his or her behalf) a
complaint with the Secretary of Transportation alleging such
discharge or discrimination. Upon receipt of such a complaint,
the Secretary shall notify, in writing, the person named in the
complaint of the filing of the complaint, of the allegations
contained in the complaint, of the substance of evidence
supporting the complaint, and of the opportunities that will be
afforded to such person under paragraph (2).
``(2) Investigation; preliminary order.--
``(A) In general.--Not later than 60 days after the
date of receipt of a complaint filed under paragraph
(1) and after affording the person named in the
complaint an opportunity to submit to the Secretary a
written response to the complaint and an opportunity to
meet with a representative of the Secretary to present
statements from witnesses, the Secretary shall conduct
an investigation and determine whether there is
reasonable cause to believe that the complaint has
merit and notify, in writing, the complainant and the
person alleged to have committed a violation of
subsection (a) of the Secretary's findings. If the
Secretary concludes that there is a reasonable cause to
believe that a violation of subsection (a) has
occurred, the Secretary shall accompany the Secretary's
findings with a preliminary order providing the relief
prescribed by paragraph (3)(B). Not later than 30 days
after the date of notification of findings under this
paragraph, either the person alleged to have committed
the violation or the complainant may file objections to
the findings or preliminary order, or both, and request
a hearing on the record. The filing of such objections
shall not operate to stay any reinstatement remedy
contained in the preliminary order. Such hearings shall
be conducted expeditiously. If a hearing is not
requested in such 30-day period, the preliminary order
shall be deemed a final order that is not subject to
judicial review.
``(B) Requirements.--
``(i) Required showing by complainant.--The
Secretary shall dismiss a complaint filed under
this subsection and shall not conduct an
investigation otherwise required under
subparagraph (A) unless the complainant makes a
prima facie showing that any behavior described
in paragraphs (1) through (4) of subsection (a)
was a contributing factor in the unfavorable
personnel action alleged in the complaint.
``(ii) Showing by employer.--
Notwithstanding a finding by the Secretary that
the complainant has made the showing required
under clause (i), no investigation otherwise
required under subparagraph (A) shall be
conducted if the employer demonstrates, by
clear and convincing evidence, that the
employer would have taken the same unfavorable
personnel action in the absence of that
behavior.
``(iii) Criteria for determination by
secretary.--The Secretary may determine that a
violation of subsection (a) has occurred only
if the complainant demonstrates that any
behavior described in paragraphs (1) through
(4) of subsection (a) was a contributing factor
in the unfavorable personnel action alleged in
the complaint.
``(iv) Prohibition.--Relief may not be
ordered under subparagraph (A) if the employer
demonstrates by clear and convincing evidence
that the employer would have taken the same
unfavorable personnel action in the absence of
that behavior.
``(3) Final order.--
``(A) Deadline for issuance; settlement
agreements.--Not later than 120 days after the date of
conclusion of a hearing under paragraph (2), the
Secretary shall issue a final order providing the
relief prescribed by this paragraph or denying the
complaint. At any time before issuance of a final
order, a proceeding under this subsection may be
terminated on the basis of a settlement agreement
entered into by the Secretary, the complainant, and the
person alleged to have committed the violation.
``(B) Remedy.--If, in response to a complaint filed
under paragraph (1), the Secretary determines that a
violation of subsection (a) has occurred, the Secretary
shall order the person who committed such violation--
``(i) to take affirmative action to abate
the violation;
``(ii) to reinstate the complainant to his
or her former position together with the
compensation (including back pay) and restore
the terms, conditions, and privileges
associated with his or her employment; and
``(iii) to provide compensatory damages to
the complainant.
If such an order is issued under this paragraph, the
Secretary, at the request of the complainant, shall
assess against the person against whom the order is
issued a sum equal to the aggregate amount of all costs
and expenses (including attorneys' and expert witness
fees) reasonably incurred, as determined by the
Secretary, by the complainant for, or in connection
with, the bringing the complaint upon which the order
was issued.
``(C) Frivolous complaints.--If the Secretary finds
that a complaint under paragraph (1) is frivolous or
has been brought in bad faith, the Secretary may award
to the prevailing employer a reasonable attorney's fee
not exceeding $1,000.
``(4) Review.--
``(A) Appeal to court of appeals.--Any person
adversely affected or aggrieved by an order issued
under paragraph (3) may obtain review of the order in
the United States Court of Appeals for the circuit in
which the violation, with respect to which the order
was issued, allegedly occurred or the circuit in which
the complainant resided on the date of such violation.
The petition for review shall be filed not later than
60 days after the date of the issuance of the final
order of the Secretary. Review shall conform to chapter
7 of title 5. The commencement of proceedings under
this subparagraph shall not, unless ordered by the
court, operate as a stay of the order.
``(B) Limitation on collateral attack.--An order of
the Secretary with respect to which review could have
been obtained under subparagraph (A) shall not be
subject to judicial review in any criminal or other
civil proceeding.
``(5) Enforcement of order by secretary.--Whenever any
person has failed to comply with an order issued under
paragraph (3), the Secretary may file a civil action in the
United States district court for the district in which the
violation was found to occur to enforce such order. In actions
brought under this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief including, but not
limited to, injunctive relief and compensatory damages.
``(6) Enforcement of order by parties.--
``(A) Commencement of action.--A person on whose
behalf an order was issued under paragraph (3) may
commence a civil action against the person to whom such
order was issued to require compliance with such order.
The appropriate United States district court shall have
jurisdiction, without regard to the amount in
controversy or the citizenship of the parties, to
enforce such order.
``(B) Attorney fees.--The court, in issuing any
final order under this paragraph, may award costs of
litigation (including reasonable attorney and expert
witness fees) to any party whenever the court
determines such award is appropriate.
``(c) Mandamus.--Any nondiscretionary duty imposed by this section
shall be enforceable in a mandamus proceeding brought under section
1361 of title 28.
``(d) Nonapplicability to Deliberate Violations.--Subsection (a)
shall not apply with respect to an employee of a motor vehicle
manufacturer, part supplier, or dealership who, acting without
direction from such motor vehicle manufacturer, part supplier, or
dealership (or such person's agent), deliberately causes a violation of
any requirement relating to motor vehicle safety under this chapter.''.
(b) Conforming Amendment.--The table of sections for chapter 301 of
title 49, United States Code, is amended by inserting after the item
relating to section 30170 the following:
``30171. Protection of employees providing motor vehicle safety
information''.
SEC. 307. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.
(a) In General.--Section 30166 of title 49, United States Code, is
amended by adding at the end the following:
``(o) Corporate Responsibility for Reports.--The Secretary shall
require for each company submitting information to the Secretary in
response to a preliminary safety investigation, or in response to an
official safety investigation under this chapter, that the principal
executive officer or officers residing in the United States certify
that--
``(1) the signing officer has reviewed the submission; and
``(2) based on the officer's knowledge, the submission does
not contain any untrue statement of a material fact or omit to
state a material fact necessary in order to make the statements
made, in light of the circumstances under which such statements
were made, not misleading.''.
(b) Penalties.--
(1) Civil penalty.--Section 30165(a) of title 49, United
States Code, is amended--
(A) by striking ``A person'' in paragraph (3) and
inserting ``Except as provided in paragraph (4), a
person''; and
(B) by adding at the end thereof the following:
``(4) False, misleading or incomplete reports.--A person
who knowingly and willfully submits materially false,
misleading, or incomplete information to the Secretary, after
certifying the same information as accurate and complete under
the certification process established pursuant to section
30166(o), shall be subject to a civil penalty of not more than
$50,000 per day. The maximum penalty under this paragraph for a
related series of daily violations is $250,000,000.''.
(2) Criminal penalty.--Section 30170 of title 49, United
States Code, is amended--
(A) by redesignating paragraphs (1) and (2) of
subsection (a) as paragraphs (2) and (3), respectively,
and by inserting before paragraph (2) the following:
``(1) Submitting misleading information to the secretary.--
A person who violates section 1001 of title 18 with respect to
the reporting requirements of section 30118, 30119, or 30166,
with the specific intent of misleading the Secretary with
respect to motor vehicle or motor vehicle equipment safety
related defects shall, in addition to the penalties imposed
under title 18, be subject to imprisonment for not more than an
additional 12 months.'';
(B) by striking the heading for paragraph (2), as
redesignated, of subsection (a) and inserting the
following:
``(2) Submitting misleading information to the secretary
that leads to death or serious injury.--''; and
(C) by striking subparagraph (A) of paragraph (3),
as redesignated, of subsection (a) and inserting the
following:
``(A) Correction.--A person described in paragraph
(1) or (2) shall not be subject to criminal penalties
under this subsection if--
``(i) the person corrects any improper
reports or failure to report within a
reasonable time; and
``(ii) in the case of a person described in
paragraph (2), at the time of the violation,
such person does not know that the violation
would result in an accident causing death or
serious bodily injury.''.
SEC. 308. ANTI-REVOLVING DOOR.
(a) Professional Responsibility Integrity Period.--
(1) In general.--Subchapter I of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:
``30107. Restriction on certain employment activities.
``(a) NHTSA Employees.--
``(1) In general.--A individual to whom this subsection
applies who is employed by the National Highway Traffic Safety
Administration may not commence employment with, or otherwise
advise, provide assistance to, or represent for compensation, a
manufacturer or other person subject to regulation under this
chapter during the 36-month period commencing upon that
individual's termination of employment with the National
Highway Traffic Safety Administration if such employment,
advice, assistance, or representation involves--
``(A) written or oral communication with the
National Highway Traffic Safety Administration on any
matter relating to compliance with the requirements of
this chapter on behalf of the manufacturer or person;
``(B) representing or advising a manufacturer with
respect to a motor vehicle safety or fuel economy
issue, including any defect related to motor vehicle
safety, compliance with a motor vehicle safety
standard, or compliance with an average fuel economy
standard prescribed under chapter 329 of this title; or
``(C) assisting a manufacturer in responding to a
request for information from the National Highway
Traffic Safety Administration.
``(2) Application.--
``(A) In general.--This subsection applies to any
individual--
``(i) to whom section 207(c) or (d) of
title 18 applies; or
``(ii) whose responsibilities during his or
her last 12 months of employment at the
National Highway Traffic Safety Administration
included administrative, managerial,
supervisory, legal, or senior technical
responsibility for any motor vehicle safety-
related program or activity.
``(2) Safe harbor.--This subsection does not apply to any
individual employed by a manufacturer or other person subject
to regulation under this chapter as of the date of enactment of
the Motor Vehicle Safety Act of 2010.
``(b) Manufacturers.--It is unlawful for any manufacturer or other
person subject to regulation under this chapter to employ or contract
for the services of an individual to whom subsection (a) applies during
the 36-month period commencing on the individual's termination of
employment with the National Highway Traffic Safety Administration in a
capacity in which the individual is prohibited from serving during that
period.''.
(2) Civil penalty.--Section 30165(a) of title 49, United
States Code, as amended by section 307, is further amended by
adding at the end the following:
``(5) Section 30107.--An individual who violates section
30107(a) is liable to the United States Government for a civil
penalty as determined under section 216(b) of title 18 for an
offense under section 207 of that title. A manufacturer or
other person subject to regulation under this chapter who
violates section 30107(b) is liable to the United States
Government for a civil penalty of the sum of--
``(A) an amount equal to not less than $100,000;
and
``(B) an amount equal to 90 percent of the annual
compensation or fee paid or payable to the individual
with respect to whom the violation occurred.''.
(3) Conforming amendment.--The table of contents for
chapter 301 of title 49, United States Code, is amended by
inserting after the item relating to section 30106 the
following:
``30107. Restriction on certain employment activities''.
(b) Study of Department of Transportation Policies on Official
Communication With Former Motor Vehicle Safety Issue Employees.--Within
1 year after the date of enactment of this Act the Department of
Transportation Inspector General shall--
(1) review the Department's policies and procedures
applicable to official communication with former employees
concerning motor vehicle safety compliance matters for which
they had responsibility during the last 12 months of their
tenure at the Department, including any limitations on the
ability of such employees to submit comments, or otherwise
communicate directly with the Department, on motor vehicle
safety issues; and
(2) submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Energy and Commerce containing the Inspector
General's findings, conclusions, and recommendations for
strengthening those policies and procedures to minimize the
risk of undue influence without compromising the ability of the
Department to employ and retain highly qualified individuals
for such responsibilities.
(c) Post-Employment Policy Study.--
(1) In general.--The Department of Transportation Inspector
General shall conduct a study of the Department's policies
relating to post-employment restrictions on employees who
perform functions related to transportation safety.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Inspector General shall submit a
report containing the results of the study conducted under
paragraph (1) to--
(A) the Senate Committee on Commerce, Science, and
Transportation;
(B) the House of Representatives Committee on
Energy and Commerce; and
(C) the Secretary of Transportation.
(3) Use of results.--The Secretary of transportation shall
review the results of the study and take whatever action the
Secretary determines to be appropriate.
SEC. 309. DEADLINES FOR RULEMAKING.
If the Secretary determines that a deadline for a final rule under
this Act or an amendment made by this Act cannot be met, the Secretary
shall--
(1) notify the Committee on Energy and Commerce of the
House of Representatives and the Senate Committee on Commerce,
Science, and Transportation and explain why that deadline
cannot be met; and
(2) establish a new deadline for that rule.
TITLE IV--FUNDING
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
Section 30104 of title 49, United States Code, is amended--
(1) by striking ``$98,313,500''; and
(2) by striking ``in each fiscal year beginning'' and all
that follows and inserting ``and to carry out the Motor Vehicle
Safety Act of 2010--
``(1) $200,000,000 for fiscal year 2011;
``(2) $240,000,000 for fiscal year 2012; and
``(3) $280,000,000 for fiscal year 2013.''.
<all>