[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3302 Reported in Senate (RS)]
Calendar No. 653
111th CONGRESS
2d Session
S. 3302
To amend title 49, United States Code, to establish new automobile
safety standards, make better motor vehicle safety information
available to the National Highway Traffic Safety Administration and the
public, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2010
Mr. Rockefeller (for himself, Mr. Pryor, Mrs. Boxer, Ms. Cantwell, Mr.
lautenberg, Ms. Klobuchar, Mr. Begich, Mr. Udall of New Mexico, Mrs.
McCaskill, and Ms. Snowe) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
November 29, 2010
Reported by Mr. Rockefeller with an amendment in the nature of a
substitute
[Strike all after the enacting clause and insert the part printed in
italic]
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to establish new automobile
safety standards, make better motor vehicle safety information
available to the National Highway Traffic Safety Administration and the
public, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Motor
Vehicle Safety Act of 2010''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS
<DELETED>Sec. 101. NHTSA electronics, software, and engineering
expertise.
<DELETED>Sec. 102. Vehicle stopping distance and brake override
standard.
<DELETED>Sec. 103. Pedal placement standard.
<DELETED>Sec. 104. Electronic systems performance standard.
<DELETED>Sec. 105. Keyless ignition systems standard.
<DELETED>Sec. 106. Transmission configuration standard.
<DELETED>Sec. 107. Vehicle event data recorders.
<DELETED>TITLE II--ENHANCED SAFETY AUTHORITIES
<DELETED>Sec. 201. Civil penalties.
<DELETED>Sec. 202. Imminent hazard authority.
<DELETED>TITLE III--TRANSPARENCY AND ACCOUNTABILITY
<DELETED>Sec. 301. Public availability of early warning data.
<DELETED>Sec. 302. Improved NHTSA vehicle safety database.
<DELETED>Sec. 303. Consumer notice of software updates and other
communications with dealers.
<DELETED>Sec. 304. Promotion of vehicle defect reporting.
<DELETED>Sec. 305. NHTSA hotline for manufacturer, dealer, and mechanic
personnel.
<DELETED>Sec. 306. Whistleblower protections for motor vehicle
manufacturer, part supplier, and dealership
employees.
<DELETED>Sec. 307. Corporate responsibility for NHTSA reports.
<DELETED>Sec. 308. Anti-revolving door.
<DELETED>Sec. 309. Deadlines for rulemaking.
<DELETED>TITLE IV--FUNDING
<DELETED>Sec. 401. Authorization of appropriations.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Passenger vehicle.--The term ``passenger
vehicle'' means a motor vehicle (as defined in section
30102(a)(6) of title 49, United States Code), other than a
motorcycle or trailer, that is rated at less than 10,000 pounds
gross vehicular weight.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of Transportation, acting through the Administrator
of the National Highway Traffic Safety
Administration.</DELETED>
<DELETED>TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS</DELETED>
<DELETED>SEC. 101. NHTSA ELECTRONICS, SOFTWARE, AND ENGINEERING
EXPERTISE.</DELETED>
<DELETED> (a) Center for Vehicle Electronics, Vehicle Software, and
Emerging Technologies.--The Secretary shall establish, within the
National Highway Traffic Safety Administration, a Center for Vehicle
Electronics, Vehicle Software, and Emerging Technologies to build,
integrate, and aggregate the agency's expertise in vehicle electronics
and other new and emerging technologies. The center shall coordinate
with all components of the agency responsible for vehicle safety,
including research and development, rulemaking, and defects
investigation.</DELETED>
<DELETED> (b) Honors Recruitment Program.--The Secretary shall
establish, within the National Highway Traffic Safety Administration,
an honors program for engineering students, computer science students,
and other students interested in vehicle safety that will enable them
to train with engineers and other safety officials for a career in
vehicle safety. The Secretary is authorized to provide a stipend to
students during their participation in the program.</DELETED>
<DELETED>SEC. 102. VEHICLE STOPPING DISTANCE AND BRAKE OVERRIDE
STANDARD.</DELETED>
<DELETED> (a) Unintended Acceleration.--The Secretary shall initiate
a rulemaking proceeding to prescribe a Federal motor vehicle safety
standard that would prevent unintended acceleration in passenger
vehicles. The standard--</DELETED>
<DELETED> (1) shall require manufacturers of passenger
vehicles to equip the vehicles with a technology or mechanism
that enables a driver to bring a vehicle safely to a full stop
within a specified distance, to be determined by the Secretary
according to the speed, size, and weight of the vehicle, by
normal braking pressure even if the vehicle is operating
simultaneously at open throttle;</DELETED>
<DELETED> (2) may permit compliance through a smart pedal
system that requires brake pedal input, after a period of time,
to override the input signal from the accelerator pedal and
other functions, in order to safely control the
vehicle;</DELETED>
<DELETED> (3) shall require that redundant circuits or other
mechanisms be built into accelerator control systems, including
systems controlled by electronic throttle, to maintain vehicle
control in the event of failure of the primary circuit or
mechanism; and</DELETED>
<DELETED> (4) may permit vehicles to incorporate a means by
which the driver would be able to temporarily disengage the
function required under paragraph (1) to facilitate operations,
such as maneuvering trailers, that may require the simultaneous
operation of brake and accelerator.</DELETED>
<DELETED> (b) Deadline.--The Secretary shall issue a final rule
under subsection (a) within 1 year after the date of enactment of this
Act.</DELETED>
<DELETED> (c) Lead-Time.--The standard prescribed under subsection
(a) shall provide not more than 2 model years of regulatory lead-
time.</DELETED>
<DELETED>SEC. 103. PEDAL PLACEMENT STANDARD.</DELETED>
<DELETED> (a) In General.--The Secretary shall initiate a rulemaking
proceeding to prescribe a Federal motor vehicle safety standard that
would prevent potential obstruction of pedal movement in passenger
vehicles by establishing minimum clearances for passenger vehicle foot
pedals with respect to other pedals, the vehicle floor (including
aftermarket floor coverings), and any other potential obstruction to
pedal movement, taking into account various pedal mounting
configurations.</DELETED>
<DELETED> (b) Deadline.--The Secretary shall issue a final rule
under subsection (a) within 2 years after the date of enactment of this
Act.</DELETED>
<DELETED> (c) Combined Rulemaking.--If appropriate, the Secretary
may combine the rulemaking proceeding required by subsection (a) with
the rulemaking proceeding required by section 102.</DELETED>
<DELETED> (d) Lead-Time.--The standard prescribed under subsection
(a) shall provide not more than 2 model years of regulatory lead-
time.</DELETED>
<DELETED>SEC. 104. ELECTRONIC SYSTEMS PERFORMANCE STANDARD.</DELETED>
<DELETED> (a) In General.--The Secretary shall initiate a rulemaking
proceeding to require electronic systems in passenger vehicles to meet
minimum performance standards. Such a rule may include requirements for
electronic components, the interaction of those electronic components,
or the effect of surrounding environments on those electronic
systems.</DELETED>
<DELETED> (b) Deadline.--The Secretary shall issue a final rule
under subsection (a) within 3 years after the date of enactment of this
Act.</DELETED>
<DELETED> (c) Lead-Time.--The standard prescribed under subsection
(a) shall provide not more than 2 model years of regulatory lead-
time.</DELETED>
<DELETED>SEC. 105. KEYLESS IGNITION SYSTEMS STANDARD.</DELETED>
<DELETED> (a) In General.--The Secretary shall initiate a rulemaking
proceeding to prescribe a Federal motor vehicle safety standard for
passenger vehicles with keyless or push-button ignition systems, to
establish--</DELETED>
<DELETED> (1) the means by which a driver who may be
unfamiliar with the vehicle uses the ignition system to safely
bring a vehicle under control during an emergency situation;
and</DELETED>
<DELETED> (2) the appropriate labeling, size, and location
of the controls for such systems.</DELETED>
<DELETED> (b) Deadline.--The Secretary shall issue a final rule
under subsection (a) within 1 year after the date of enactment of this
Act.</DELETED>
<DELETED> (c) Lead-Time.--The standard prescribed under subsection
(a) shall provide not more than 2 model years of regulatory lead-
time.</DELETED>
<DELETED>SEC. 106. TRANSMISSION CONFIGURATION STANDARD.</DELETED>
<DELETED> (a) In General.--The Secretary shall initiate a rulemaking
proceeding to prescribe a Federal motor vehicle safety standard for
passenger vehicles requiring an intuitive configuration and labeling of
gear shifting controls for drivers, including drivers unfamiliar with
the vehicle, and that makes the neutral position conspicuous.</DELETED>
<DELETED> (b) Deadline.--The Secretary shall issue a final rule
under subsection (a) within 1 year after the date of enactment of this
Act.</DELETED>
<DELETED> (c) Lead-Time.--The standard prescribed under subsection
(a) shall provide not more than 1 model year of regulatory lead-
time.</DELETED>
<DELETED>SEC. 107. VEHICLE EVENT DATA RECORDERS.</DELETED>
<DELETED> (a) Mandatory Event Data Recorders.--Not later than 60
days after the date of enactment of this Act, the Secretary shall
require that all passenger vehicles be equipped with an event data
recorder that meets the requirements for such recorders established in
part 563 of title 49, Code of Federal Regulations. The Secretary shall
require compliance with such requirement for all passenger vehicles
manufactured in the first model year that is 2 years after the date of
enactment of this Act.</DELETED>
<DELETED> (b) Revised Requirements for Event Data Recorders.--The
Secretary shall initiate a rulemaking proceeding requiring that the
event data recorders required to be installed in passenger vehicles
pursuant to subsection (a)--</DELETED>
<DELETED> (1) be temperature, water, crash, and tamper
resistant; and</DELETED>
<DELETED> (2) continuously record vehicle operational data
that can be accessed for retrieval and analysis in accordance
with subsections (c) and (d).</DELETED>
<DELETED> (c) Specifications.--The rule--</DELETED>
<DELETED> (1) shall require such recorders to record, for a
reasonable time before, during, and after a crash or airbag
deployment, information that includes engine performance,
steering, braking, acceleration, vehicle speed, seat belt use,
and airbag deployment level, deactivation status, deployment
time, and deployment stage, and may require such recorders to
record other data, such as data related to vehicle rollovers,
as the Secretary considers appropriate;</DELETED>
<DELETED> (2) shall require such recorders to record data
for at least 60 seconds prior to, and 15 seconds after, a crash
or airbag deployment;</DELETED>
<DELETED> (3) may require such recorders to capture certain
events such as rapid deceleration, full-throttle acceleration
lasting more than 15 seconds, and full braking lasting more
than 10 seconds, even if there is not a crash or airbag
deployment;</DELETED>
<DELETED> (4) may not require information recorded or
transmitted by such data recorders to include the vehicle's
location;</DELETED>
<DELETED> (5) shall require that data stored on such
recorders be accessible, regardless of vehicle manufacturer or
model, with commercially available equipment; and</DELETED>
<DELETED> (6) shall specify data format requirements and
other requirements, and shall require an interoperable data
access port to facilitate universal accessibility and
analysis.</DELETED>
<DELETED> (d) Limitations on Information Retrieval.--</DELETED>
<DELETED> (1) Ownership of data.--The rule issued under
subsection (b) shall provide that any data in a data recorder
required under the rule is the property of the owner or lessee
of the motor vehicle in which the data recorder is
installed.</DELETED>
<DELETED> (2) Privacy.--The rule issued under subsection (b)
shall provide that information recorded or transmitted by such
a data recorder may not be retrieved by a person other than the
owner or lessee of the motor vehicle in which the recorder is
installed unless--</DELETED>
<DELETED> (A) a court authorizes retrieval of the
information in furtherance of a legal
proceeding;</DELETED>
<DELETED> (B) the owner or lessee consents to the
retrieval of the information for any purpose, including
the purpose of diagnosing, servicing, or repairing the
motor vehicle; or</DELETED>
<DELETED> (C) the information is retrieved by a
Government motor vehicle safety agency for the purpose
of improving motor vehicle safety if the personally
identifiable information of the owner, lessee, or
driver of the vehicle and the vehicle identification
number is not disclosed in connection with the
retrieved information.</DELETED>
<DELETED> (e) Disclosure of Existence and Purpose of Event Data
Recorder.--The rule issued under subsection (b) shall provide that any
owner's manual or similar documentation provided to the first purchaser
of a passenger vehicle for purposes other than resale shall disclose
that the vehicle is equipped with such a data recorder and explain the
purpose of the recorder.</DELETED>
<DELETED> (f) Access to Event Data Recorders in Defect
Investigations.--Section 30166(c)(3)(C) of title 49, United States
Code, is amended by inserting ``, including any electronic data
contained within the vehicle's diagnostic system or event data
recorder'' after ``equipment''.</DELETED>
<DELETED> (g) Deadline for Rulemaking.--The Secretary shall issue a
final rule under subsection (b) not later than 3 years after the date
of enactment of this Act.</DELETED>
<DELETED> (h) Lead-Time.--The rule issued under subsection (b) shall
take effect beginning with passenger vehicles manufactured in the first
model year that is 2 years after the date on which a final rule is
issued under this section.</DELETED>
<DELETED>TITLE II--ENHANCED SAFETY AUTHORITIES</DELETED>
<DELETED>SEC. 201. CIVIL PENALTIES.</DELETED>
<DELETED> Section 30165 of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) in subsection (a)(1)--</DELETED>
<DELETED> (A) in the first sentence by striking
``$5,000''and inserting ``$25,000''; and</DELETED>
<DELETED> (B) by striking the third sentence;
and</DELETED>
<DELETED> (2) in subsection (a)(3)--</DELETED>
<DELETED> (A) in the second sentence by striking
``$5,000'' and inserting ``$25,000''; and</DELETED>
<DELETED> (B) by striking the third
sentence.</DELETED>
<DELETED>SEC. 202. IMMINENT HAZARD AUTHORITY.</DELETED>
<DELETED> (a) In General.--Section 30118(b) of title 49, United
States Code, is amended by adding at the end the following:</DELETED>
<DELETED> ``(3) Imminent hazards.--</DELETED>
<DELETED> ``(A) Orders.--Notwithstanding the
procedures set forth in paragraphs (1) and (2), if the
Secretary decides that a motor vehicle or an item of
motor vehicle replacement equipment is not compliant
with a motor vehicle safety standard or contains a
defect related to motor vehicle safety and presents an
imminent hazard to public safety that may result in
death or serious bodily harm, the Secretary--</DELETED>
<DELETED> ``(i) shall notify the
manufacturer of the motor vehicle or
replacement equipment of the decision that the
vehicle or equipment poses an imminent safety
hazard to the public and the basis for that
decision;</DELETED>
<DELETED> ``(ii) may order the manufacturer
and any person having a legal relationship with
the manufacturer, including dealers and
distributors, to stop any further production,
sale, offer for sale, lease, offer for lease,
distribution, the introduction or delivery for
introduction in interstate commerce, or
importation into the United States of that
motor vehicle or item of replacement equipment;
and</DELETED>
<DELETED> ``(iii) may order the manufacturer
and any person having a legal relationship with
the manufacturer, including dealers and
distributors, to notify purchasers of the
vehicle or item of replacement equipment of the
Secretary's decision that the vehicle or the
item of replacement equipment poses an imminent
safety hazard and provide the purchaser of such
vehicle or item of replacement equipment with
information explaining the safety risk and
actions the purchasers can take to reduce that
risk.''.</DELETED>
<DELETED> (b) Judicial Review of Recall Orders.--Section 30161 of
title 49, United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``A person'' and inserting
``(1) A person''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(2) A person adversely affected by an order issued under
section 30118 may apply for review of the order by filing a petition
for review in court of appeals of the United States for the circuit in
which the person resides or has its principal place of business or the
United States Court of Appeals for the District of Columbia Circuit.
The petition must be filed not later than 59 days after the order is
issued.''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(f) Availability of Review.--An action of the Secretary
with respect to which review could have been obtained under subsection
(a)(2) shall not be subject to judicial review in a civil action for
enforcement.''.</DELETED>
<DELETED>TITLE III--TRANSPARENCY AND ACCOUNTABILITY</DELETED>
<DELETED>SEC. 301. PUBLIC AVAILABILITY OF EARLY WARNING DATA.</DELETED>
<DELETED> (a) In General.--Section 30166(m) of title 49, United
States Code, is amended by--</DELETED>
<DELETED> (1) in paragraph (3)(A) by striking clause (ii)
and inserting the following:</DELETED>
<DELETED> ``(ii) customer satisfaction
campaigns, customer advisories, recalls,
consumer complaints, warranty claims, field
reports, dealer communications, or other
information involving the repair or replacement
of, or software upgrades for, motor vehicles or
motor vehicle equipment.''; and</DELETED>
<DELETED> (2) in paragraph (4), by striking subparagraph (C)
and inserting the following:</DELETED>
<DELETED> ``(C) Disclosure.--The information
provided to the Secretary pursuant to this subsection
shall be disclosed publicly unless exempt from
disclosure under section 552(b) of title
5.''.</DELETED>
<DELETED> (b) Regulations.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue regulations
establishing categories of information provided to the Secretary
pursuant to this subsection that must be made available to the public.
The Secretary may also establish categories of information that may be
withheld from public disclosure under paragraphs (4) and (6) of section
552(b) of title 5, United States Code.</DELETED>
<DELETED> (c) Consultation.--In conducting the rulemaking required
under subsection (a), the Secretary shall consult with the Director of
the Office of Government Information Services within the National
Archives and the Director of the Office of Information Policy of the
Department of Justice.</DELETED>
<DELETED> (d) Presumption and Limitation.--The Secretary shall issue
the regulations with a presumption in favor of maximum public
availability of information. The following types of information shall
not be eligible for protection under section 552(b) of title 5, United
States Code, and shall not be withheld from public
disclosure:</DELETED>
<DELETED> (1) Production information regarding passenger
vehicles, information on incidents involving death or injury,
and numbers of property damage claims.</DELETED>
<DELETED> (2) Aggregated numbers of consumer
complaints.</DELETED>
<DELETED> (e) Nullification of Prior Regulations.--Beginning 2 years
after the date of the enactment of this Act, the regulations
establishing early warning reporting class determinations in Appendix C
of section 512 of title 49, Code of Federal Regulations, shall have no
force or effect.</DELETED>
<DELETED>SEC. 302. IMPROVED NHTSA VEHICLE SAFETY DATABASE.</DELETED>
<DELETED> (a) In General.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall improve public
accessibility to information on the National Highway Traffic Safety
Administration's publicly accessible vehicle safety databases by--
</DELETED>
<DELETED> (1) improving organization and functionality,
including design features such as dropdown menus, and allowing
for data to be searched, aggregated, and downloaded;</DELETED>
<DELETED> (2) providing greater consistency in presentation
of vehicle safety issues; and</DELETED>
<DELETED> (3) improving searchability about specific
vehicles and issues through standardization of commonly used
search terms.</DELETED>
<DELETED> (b) Vehicle Recall Information.--The Secretary shall
require that motor vehicle recall information be made available to
consumers on the Internet, searchable by vehicle identification number
in a format that preserves consumer privacy. The Secretary may initiate
a rulemaking proceeding to require that such information be available
on manufacturer Web sites or through other reasonable means.</DELETED>
<DELETED>SEC. 303. CONSUMER NOTICE OF SOFTWARE UPDATES AND OTHER
COMMUNICATIONS WITH DEALERS.</DELETED>
<DELETED> (a) Internet Accessibility.--Section 30166(f) of title 49,
United States Code, is amended--</DELETED>
<DELETED> (1) by inserting ``, and make available on a
publicly accessible Internet website,'' after ``Secretary of
Transportation''; and</DELETED>
<DELETED> (2) by adding at the end the following:
``Communications submitted to the Secretary and required to be
published on a manufacturer's Internet website shall include
all notices to dealerships of software upgrades and
modifications recommended by a manufacturer for all previously
sold vehicles. Notice is required even if the software upgrade
or modification is not related to a safety defect or
noncompliance with a motor vehicle safety standard. The notice
shall include a plain language description of the purpose of
the update and that description shall be prominently placed at
the beginning of the notice.''.</DELETED>
<DELETED>SEC. 304. PROMOTION OF VEHICLE DEFECT REPORTING.</DELETED>
<DELETED> Section 32302 of title 49, United States Code, is amended
by adding at the end the following:</DELETED>
<DELETED> ``(d) Motor Vehicle Defect Reporting Information.--
</DELETED>
<DELETED> ``(1) Rulemaking required.--Within 1 year after
the date of enactment of the Motor Vehicle Safety Act of 2010
the Secretary shall prescribe regulations that require
passenger motor vehicle manufacturers to affix, in the glove
compartment or in another readily accessible location on the
vehicle, a sticker, decal, or other device that provides, in
simple and understandable language, information about how to
submit a safety-related motor vehicle defect complaint with the
National Highway Traffic Safety Administration. The Secretary
shall require the same information to be prominently printed on
a separate page within the owner's manual. The information may
not be placed on the label required by section 3 of the
Automobile Information Disclosure Act (15 U.S.C.
1232).</DELETED>
<DELETED> ``(2) Application.--The requirements established
under paragraph (1) shall apply to passenger motor vehicles
manufactured in model years beginning more than 1 year after
the date on which a final rule is published under that
paragraph.''.</DELETED>
<DELETED>SEC. 305. NHTSA HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC
PERSONNEL.</DELETED>
<DELETED> The Secretary shall--</DELETED>
<DELETED> (1) establish a means by which mechanics,
passenger vehicle dealership personnel, and passenger vehicle
manufacturer personnel may contact the National Highway Traffic
Safety Administration directly and confidentially regarding
potential passenger vehicle safety defects; and</DELETED>
<DELETED> (2) publicize the means for contacting the
National Highway Traffic Safety Administration in a manner that
targets mechanics, passenger vehicle dealership personnel, and
manufacturer personnel.</DELETED>
<DELETED>SEC. 306. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE
MANUFACTURER, PART SUPPLIER, AND DEALERSHIP
EMPLOYEES.</DELETED>
<DELETED> (a) In General.--Subchapter IV of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 30171. Protection of employees providing motor vehicle
safety information</DELETED>
<DELETED> ``(a) Discrimination Against Employees of Manufacturers,
Part Suppliers, and Dealerships.--No motor vehicle manufacturer, part
supplier, or dealership may discharge an employee or otherwise
discriminate against an employee with respect to compensation, terms,
conditions, or privileges of employment because the employee (or any
person acting pursuant to a request of the employee)--</DELETED>
<DELETED> ``(1) provided, caused to be provided, or is about
to provide (with any knowledge of the employer) or cause to be
provided to the employer or the Secretary information relating
to any motor vehicle defect or any violation or alleged
violation of any notification or reporting requirement of this
chapter;</DELETED>
<DELETED> ``(2) has filed, caused to be filed, or is about
to file (with any knowledge of the employer) or cause to be
filed a proceeding relating to any violation or alleged
violation of any motor vehicle defect or any violation or
alleged violation of any notification or reporting requirement
of this chapter;</DELETED>
<DELETED> ``(3) testified or is about to testify in such a
proceeding; or</DELETED>
<DELETED> ``(4) assisted or participated or is about to
assist or participate in such a proceeding.</DELETED>
<DELETED> ``(b) Complaint Procedure.--</DELETED>
<DELETED> ``(1) Filing and notification.--A person who
believes that he or she has been discharged or otherwise
discriminated against by any person in violation of subsection
(a) may, not later than 180 days after the date on which such
violation occurs, file (or have any person file on his or her
behalf) a complaint with the Secretary of Transportation
alleging such discharge or discrimination. Upon receipt of such
a complaint, the Secretary shall notify, in writing, the person
named in the complaint of the filing of the complaint, of the
allegations contained in the complaint, of the substance of
evidence supporting the complaint, and of the opportunities
that will be afforded to such person under paragraph
(2).</DELETED>
<DELETED> ``(2) Investigation; preliminary order.--
</DELETED>
<DELETED> ``(A) In general.--Not later than 60 days
after the date of receipt of a complaint filed under
paragraph (1) and after affording the person named in
the complaint an opportunity to submit to the Secretary
a written response to the complaint and an opportunity
to meet with a representative of the Secretary to
present statements from witnesses, the Secretary shall
conduct an investigation and determine whether there is
reasonable cause to believe that the complaint has
merit and notify, in writing, the complainant and the
person alleged to have committed a violation of
subsection (a) of the Secretary's findings. If the
Secretary concludes that there is a reasonable cause to
believe that a violation of subsection (a) has
occurred, the Secretary shall accompany the Secretary's
findings with a preliminary order providing the relief
prescribed by paragraph (3)(B). Not later than 30 days
after the date of notification of findings under this
paragraph, either the person alleged to have committed
the violation or the complainant may file objections to
the findings or preliminary order, or both, and request
a hearing on the record. The filing of such objections
shall not operate to stay any reinstatement remedy
contained in the preliminary order. Such hearings shall
be conducted expeditiously. If a hearing is not
requested in such 30-day period, the preliminary order
shall be deemed a final order that is not subject to
judicial review.</DELETED>
<DELETED> ``(B) Requirements.--</DELETED>
<DELETED> ``(i) Required showing by
complainant.--The Secretary shall dismiss a
complaint filed under this subsection and shall
not conduct an investigation otherwise required
under subparagraph (A) unless the complainant
makes a prima facie showing that any behavior
described in paragraphs (1) through (4) of
subsection (a) was a contributing factor in the
unfavorable personnel action alleged in the
complaint.</DELETED>
<DELETED> ``(ii) Showing by employer.--
Notwithstanding a finding by the Secretary that
the complainant has made the showing required
under clause (i), no investigation otherwise
required under subparagraph (A) shall be
conducted if the employer demonstrates, by
clear and convincing evidence, that the
employer would have taken the same unfavorable
personnel action in the absence of that
behavior.</DELETED>
<DELETED> ``(iii) Criteria for determination
by secretary.--The Secretary may determine that
a violation of subsection (a) has occurred only
if the complainant demonstrates that any
behavior described in paragraphs (1) through
(4) of subsection (a) was a contributing factor
in the unfavorable personnel action alleged in
the complaint.</DELETED>
<DELETED> ``(iv) Prohibition.--Relief may
not be ordered under subparagraph (A) if the
employer demonstrates by clear and convincing
evidence that the employer would have taken the
same unfavorable personnel action in the
absence of that behavior.</DELETED>
<DELETED> ``(3) Final order.--</DELETED>
<DELETED> ``(A) Deadline for issuance; settlement
agreements.--Not later than 120 days after the date of
conclusion of a hearing under paragraph (2), the
Secretary shall issue a final order providing the
relief prescribed by this paragraph or denying the
complaint. At any time before issuance of a final
order, a proceeding under this subsection may be
terminated on the basis of a settlement agreement
entered into by the Secretary, the complainant, and the
person alleged to have committed the
violation.</DELETED>
<DELETED> ``(B) Remedy.--If, in response to a
complaint filed under paragraph (1), the Secretary
determines that a violation of subsection (a) has
occurred, the Secretary shall order the person who
committed such violation--</DELETED>
<DELETED> ``(i) to take affirmative action
to abate the violation;</DELETED>
<DELETED> ``(ii) to reinstate the
complainant to his or her former position
together with the compensation (including back
pay) and restore the terms, conditions, and
privileges associated with his or her
employment; and</DELETED>
<DELETED> ``(iii) to provide compensatory
damages to the complainant.</DELETED>
<DELETED>If such an order is issued under this
paragraph, the Secretary, at the request of the
complainant, shall assess against the person against
whom the order is issued a sum equal to the aggregate
amount of all costs and expenses (including attorneys'
and expert witness fees) reasonably incurred, as
determined by the Secretary, by the complainant for, or
in connection with, the bringing the complaint upon
which the order was issued.</DELETED>
<DELETED> ``(C) Frivolous complaints.--If the
Secretary finds that a complaint under paragraph (1) is
frivolous or has been brought in bad faith, the
Secretary may award to the prevailing employer a
reasonable attorney's fee not exceeding
$1,000.</DELETED>
<DELETED> ``(4) Review.--</DELETED>
<DELETED> ``(A) Appeal to court of appeals.--Any
person adversely affected or aggrieved by an order
issued under paragraph (3) may obtain review of the
order in the United States Court of Appeals for the
circuit in which the violation, with respect to which
the order was issued, allegedly occurred or the circuit
in which the complainant resided on the date of such
violation. The petition for review shall be filed not
later than 60 days after the date of the issuance of
the final order of the Secretary. Review shall conform
to chapter 7 of title 5. The commencement of
proceedings under this subparagraph shall not, unless
ordered by the court, operate as a stay of the
order.</DELETED>
<DELETED> ``(B) Limitation on collateral attack.--An
order of the Secretary with respect to which review
could have been obtained under subparagraph (A) shall
not be subject to judicial review in any criminal or
other civil proceeding.</DELETED>
<DELETED> ``(5) Enforcement of order by secretary.--Whenever
any person has failed to comply with an order issued under
paragraph (3), the Secretary may file a civil action in the
United States district court for the district in which the
violation was found to occur to enforce such order. In actions
brought under this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief including, but not
limited to, injunctive relief and compensatory
damages.</DELETED>
<DELETED> ``(6) Enforcement of order by parties.--</DELETED>
<DELETED> ``(A) Commencement of action.--A person on
whose behalf an order was issued under paragraph (3)
may commence a civil action against the person to whom
such order was issued to require compliance with such
order. The appropriate United States district court
shall have jurisdiction, without regard to the amount
in controversy or the citizenship of the parties, to
enforce such order.</DELETED>
<DELETED> ``(B) Attorney fees.--The court, in
issuing any final order under this paragraph, may award
costs of litigation (including reasonable attorney and
expert witness fees) to any party whenever the court
determines such award is appropriate.</DELETED>
<DELETED> ``(c) Mandamus.--Any nondiscretionary duty imposed by this
section shall be enforceable in a mandamus proceeding brought under
section 1361 of title 28.</DELETED>
<DELETED> ``(d) Nonapplicability to Deliberate Violations.--
Subsection (a) shall not apply with respect to an employee of a motor
vehicle manufacturer, part supplier, or dealership who, acting without
direction from such motor vehicle manufacturer, part supplier, or
dealership (or such person's agent), deliberately causes a violation of
any requirement relating to motor vehicle safety under this
chapter.''.</DELETED>
<DELETED> (b) Conforming Amendment.--The table of sections for
chapter 301 of title 49, United States Code, is amended by inserting
after the item relating to section 30170 the following:</DELETED>
<DELETED>``30171. Protection of employees providing motor vehicle
safety information''.
<DELETED>SEC. 307. CORPORATE RESPONSIBILITY FOR NHTSA
REPORTS.</DELETED>
<DELETED> (a) In General.--Section 30166 of title 49, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED> ``(o) Corporate Responsibility for Reports.--The Secretary
shall require for each company submitting information to the Secretary
in response to a preliminary safety investigation, or in response to an
official safety investigation under this chapter, that the principal
executive officer or officers residing in the United States certify
that--</DELETED>
<DELETED> ``(1) the signing officer has reviewed the
submission; and</DELETED>
<DELETED> ``(2) based on the officer's knowledge, the
submission does not contain any untrue statement of a material
fact or omit to state a material fact necessary in order to
make the statements made, in light of the circumstances under
which such statements were made, not misleading.''.</DELETED>
<DELETED> (b) Penalties.--</DELETED>
<DELETED> (1) Civil penalty.--Section 30165(a) of title 49,
United States Code, is amended--</DELETED>
<DELETED> (A) by striking ``A person'' in paragraph
(3) and inserting ``Except as provided in paragraph
(4), a person''; and</DELETED>
<DELETED> (B) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(4) False, misleading or incomplete reports.--A
person who knowingly and willfully submits materially false,
misleading, or incomplete information to the Secretary, after
certifying the same information as accurate and complete under
the certification process established pursuant to section
30166(o), shall be subject to a civil penalty of not more than
$50,000 per day. The maximum penalty under this paragraph for a
related series of daily violations is
$250,000,000.''.</DELETED>
<DELETED> (2) Criminal penalty.--Section 30170 of title 49,
United States Code, is amended--</DELETED>
<DELETED> (A) by redesignating paragraphs (1) and
(2) of subsection (a) as paragraphs (2) and (3),
respectively, and by inserting before paragraph (2) the
following:</DELETED>
<DELETED> ``(1) Submitting misleading information to the
secretary.--A person who violates section 1001 of title 18 with
respect to the reporting requirements of section 30118, 30119,
or 30166, with the specific intent of misleading the Secretary
with respect to motor vehicle or motor vehicle equipment safety
related defects shall, in addition to the penalties imposed
under title 18, be subject to imprisonment for not more than an
additional 12 months.'';</DELETED>
<DELETED> (B) by striking the heading for paragraph
(2), as redesignated, of subsection (a) and inserting
the following:</DELETED>
<DELETED> ``(2) Submitting misleading information to the
secretary that leads to death or serious injury.--'';
and</DELETED>
<DELETED> (C) by striking subparagraph (A) of
paragraph (3), as redesignated, of subsection (a) and
inserting the following:</DELETED>
<DELETED> ``(A) Correction.--A person described in
paragraph (1) or (2) shall not be subject to criminal
penalties under this subsection if--</DELETED>
<DELETED> ``(i) the person corrects any
improper reports or failure to report within a
reasonable time; and</DELETED>
<DELETED> ``(ii) in the case of a person
described in paragraph (2), at the time of the
violation, such person does not know that the
violation would result in an accident causing
death or serious bodily injury.''.</DELETED>
<DELETED>SEC. 308. ANTI-REVOLVING DOOR.</DELETED>
<DELETED> (a) Professional Responsibility Integrity Period.--
</DELETED>
<DELETED> (1) In general.--Subchapter I of chapter 301 of
title 49, United States Code, is amended by adding at the end
the following:</DELETED>
<DELETED>``</DELETED><DELETED>30107. Restriction on certain employment
activities.</DELETED>
<DELETED> ``(a) NHTSA Employees.--</DELETED>
<DELETED> ``(1) In general.--A individual to whom this
subsection applies who is employed by the National Highway
Traffic Safety Administration may not commence employment with,
or otherwise advise, provide assistance to, or represent for
compensation, a manufacturer or other person subject to
regulation under this chapter during the 36-month period
commencing upon that individual's termination of employment
with the National Highway Traffic Safety Administration if such
employment, advice, assistance, or representation involves--
</DELETED>
<DELETED> ``(A) written or oral communication with
the National Highway Traffic Safety Administration on
any matter relating to compliance with the requirements
of this chapter on behalf of the manufacturer or
person;</DELETED>
<DELETED> ``(B) representing or advising a
manufacturer with respect to a motor vehicle safety or
fuel economy issue, including any defect related to
motor vehicle safety, compliance with a motor vehicle
safety standard, or compliance with an average fuel
economy standard prescribed under chapter 329 of this
title; or</DELETED>
<DELETED> ``(C) assisting a manufacturer in
responding to a request for information from the
National Highway Traffic Safety
Administration.</DELETED>
<DELETED> ``(2) Application.--</DELETED>
<DELETED> ``(A) In general.--This subsection applies
to any individual--</DELETED>
<DELETED> ``(i) to whom section 207(c) or
(d) of title 18 applies; or</DELETED>
<DELETED> ``(ii) whose responsibilities
during his or her last 12 months of employment
at the National Highway Traffic Safety
Administration included administrative,
managerial, supervisory, legal, or senior
technical responsibility for any motor vehicle
safety-related program or activity.</DELETED>
<DELETED> ``(2) Safe harbor.--This subsection does not apply
to any individual employed by a manufacturer or other person
subject to regulation under this chapter as of the date of
enactment of the Motor Vehicle Safety Act of 2010.</DELETED>
<DELETED> ``(b) Manufacturers.--It is unlawful for any manufacturer
or other person subject to regulation under this chapter to employ or
contract for the services of an individual to whom subsection (a)
applies during the 36-month period commencing on the individual's
termination of employment with the National Highway Traffic Safety
Administration in a capacity in which the individual is prohibited from
serving during that period.''.</DELETED>
<DELETED> (2) Civil penalty.--Section 30165(a) of title 49,
United States Code, as amended by section 307, is further
amended by adding at the end the following:</DELETED>
<DELETED> ``(5) Section 30107.--An individual who violates
section 30107(a) is liable to the United States Government for
a civil penalty as determined under section 216(b) of title 18
for an offense under section 207 of that title. A manufacturer
or other person subject to regulation under this chapter who
violates section 30107(b) is liable to the United States
Government for a civil penalty of the sum of--</DELETED>
<DELETED> ``(A) an amount equal to not less than
$100,000; and</DELETED>
<DELETED> ``(B) an amount equal to 90 percent of the
annual compensation or fee paid or payable to the
individual with respect to whom the violation
occurred.''.</DELETED>
<DELETED> (3) Conforming amendment.--The table of contents
for chapter 301 of title 49, United States Code, is amended by
inserting after the item relating to section 30106 the
following:</DELETED>
<DELETED>``30107. Restriction on certain employment activities''.
<DELETED> (b) Study of Department of Transportation Policies on
Official Communication With Former Motor Vehicle Safety Issue
Employees.--Within 1 year after the date of enactment of this Act the
Department of Transportation Inspector General shall--</DELETED>
<DELETED> (1) review the Department's policies and
procedures applicable to official communication with former
employees concerning motor vehicle safety compliance matters
for which they had responsibility during the last 12 months of
their tenure at the Department, including any limitations on
the ability of such employees to submit comments, or otherwise
communicate directly with the Department, on motor vehicle
safety issues; and</DELETED>
<DELETED> (2) submit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce containing the
Inspector General's findings, conclusions, and recommendations
for strengthening those policies and procedures to minimize the
risk of undue influence without compromising the ability of the
Department to employ and retain highly qualified individuals
for such responsibilities.</DELETED>
<DELETED> (c) Post-Employment Policy Study.--</DELETED>
<DELETED> (1) In general.--The Department of Transportation
Inspector General shall conduct a study of the Department's
policies relating to post-employment restrictions on employees
who perform functions related to transportation
safety.</DELETED>
<DELETED> (2) Report.--Not later than 1 year after the date
of enactment of this Act, the Inspector General shall submit a
report containing the results of the study conducted under
paragraph (1) to--</DELETED>
<DELETED> (A) the Senate Committee on Commerce,
Science, and Transportation;</DELETED>
<DELETED> (B) the House of Representatives Committee
on Energy and Commerce; and</DELETED>
<DELETED> (C) the Secretary of
Transportation.</DELETED>
<DELETED> (3) Use of results.--The Secretary of
transportation shall review the results of the study and take
whatever action the Secretary determines to be
appropriate.</DELETED>
<DELETED>SEC. 309. DEADLINES FOR RULEMAKING.</DELETED>
<DELETED> If the Secretary determines that a deadline for a final
rule under this Act or an amendment made by this Act cannot be met, the
Secretary shall--</DELETED>
<DELETED> (1) notify the Committee on Energy and Commerce of
the House of Representatives and the Senate Committee on
Commerce, Science, and Transportation and explain why that
deadline cannot be met; and</DELETED>
<DELETED> (2) establish a new deadline for that
rule.</DELETED>
<DELETED>TITLE IV--FUNDING</DELETED>
<DELETED>SEC. 401. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> Section 30104 of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking ``$98,313,500''; and</DELETED>
<DELETED> (2) by striking ``in each fiscal year beginning''
and all that follows and inserting ``and to carry out the Motor
Vehicle Safety Act of 2010--</DELETED>
<DELETED> ``(1) $200,000,000 for fiscal year 2011;</DELETED>
<DELETED> ``(2) $240,000,000 for fiscal year 2012;
and</DELETED>
<DELETED> ``(3) $280,000,000 for fiscal year
2013.''.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Motor Vehicle
Safety Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS
Sec. 101. NHTSA electronics, software, and engineering expertise.
Sec. 102. Vehicle stopping distance and brake override standard.
Sec. 103. Pedal placement standard.
Sec. 104. Electronic systems performance standard.
Sec. 105. Pushbutton ignition systems standard.
Sec. 106. Transmission labeling standard.
Sec. 107. Vehicle event data recorders.
TITLE II--ENHANCED SAFETY AUTHORITIES
Sec. 201. Civil penalties.
Sec. 202. Imminent hazard authority.
TITLE III--TRANSPARENCY AND ACCOUNTABILITY
Sec. 301. Public availability of early warning data.
Sec. 302. Improved NHTSA vehicle safety database.
Sec. 303. Consumer notice of software updates and other communications
with dealers.
Sec. 304. Promotion of vehicle defect reporting.
Sec. 305. NHTSA hotline for manufacturer, dealer, and mechanic
personnel.
Sec. 306. Whistleblower protections for motor vehicle manufacturer,
part supplier, and dealership employees.
Sec. 307. Corporate responsibility for NHTSA reports.
Sec. 308. Anti-revolving door.
Sec. 309. Deadlines for rulemaking.
Sec. 310. Used passenger motor vehicle consumer protection.
Sec. 311. Use of existing regulatory framework.
Sec. 312. Recalled vehicles and replacement equipment.
TITLE IV--FUNDING
Sec. 401. Authorization of appropriations.
TITLE V--PEDESTRIAN SAFETY ENHANCEMENT
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Minimum sound requirement for motor vehicles.
Sec. 504. Authorization of appropriations.
TITLE VI--IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Driver Alcohol detection system for safety research.
Sec. 604. Definitions.
Sec. 605. Application with other laws.
Sec. 606. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Passenger motor vehicle.--The term ``passenger motor
vehicle'' means a motor vehicle (as defined in section
30102(a)(6) of title 49, United States Code) that is rated at
less than 10,000 pounds gross vehicular weight, but does not
include--
(A) a motorcycle;
(B) a low speed vehicle (as defined in section
571.3 of title 49, Code of Federal Regulations); or
(C) a trailer.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation, acting through the Administrator of the
National Highway Traffic Safety Administration.
TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS
SEC. 101. NHTSA ELECTRONICS, SOFTWARE, AND ENGINEERING EXPERTISE.
(a) Council for Vehicle Electronics, Vehicle Software, and Emerging
Technologies.--
(1) In general.--The Secretary shall establish, within the
National Highway Traffic Safety Administration, a Council for
Vehicle Electronics, Vehicle Software, and Emerging
Technologies to build, integrate, and aggregate the agency's
expertise in passenger motor vehicle electronics and other new
and emerging technologies.
(2) Implementation of Roadmap.--The Council shall implement
the NHTSA Plastic and Composite Intensive Vehicle Safety
Roadmap (Report No. DOT HS 810 863) to ensure that inclusion of
emerging lightweight plastic and composite technologies in
motor vehicles to increase fuel efficiency, lower emissions,
and meet Corporate Average Fuel Economy standards enhances
passenger motor vehicle safety.
(3) Intra-agency coordination.--The Council shall
coordinate with all components of the Administration
responsible for vehicle safety, including research and
development, rulemaking, and defects investigation.
(b) Honors Recruitment Program.--The Secretary shall establish,
within the National Highway Traffic Safety Administration, an honors
program for engineering students, computer science students, and other
students interested in vehicle safety that will enable them to train
with engineers and other safety officials for a career in vehicle
safety. The Secretary is authorized to provide a stipend to students
during their participation in the program.
(c) Assessment.--The Council shall assess the implications of
emerging safety technologies in passenger motor vehicles in
consultation with affected stakeholders, including specifically the
effect on consumers, product availability, and cost.
SEC. 102. VEHICLE STOPPING DISTANCE AND BRAKE OVERRIDE STANDARD.
(a) Unintended Acceleration.--The Secretary shall initiate a
rulemaking proceeding to prescribe a Federal motor vehicle safety
standard that would mitigate unintended acceleration in passenger motor
vehicles. The standard--
(1) shall establish performance requirements, to be
determined by the Secretary according to the speed, size, and
weight of the vehicle, that enable a driver to bring a
passenger motor vehicle safely to a full stop by normal braking
application even if the vehicle is simultaneously receiving
accelerator input signals, including a full-throttle input
signal;
(2) may permit compliance through a system that requires
brake pedal application, after a period of time determined by
the Secretary, to override an accelerator pedal input signal in
order to stop the vehicle;
(3) shall require that redundant circuits or other
mechanisms be built into accelerator control systems, including
systems controlled by electronic throttle, to maintain vehicle
control in the event of failure of the primary circuit or
mechanism; and
(4) may permit vehicles to incorporate a means to
temporarily disengage the function required under paragraph (1)
to facilitate operations, such as maneuvering trailers or
climbing steep hills, that may require the simultaneous
operation of brake and accelerator.
(b) Deadline.--The Secretary shall issue a final rule under
subsection (a) within 1 year after the date of enactment of this Act.
SEC. 103. PEDAL PLACEMENT STANDARD.
(a) In General.--The Secretary shall initiate a rulemaking
proceeding to consider prescribing a Federal motor vehicle safety
standard that would mitigate potential obstruction of pedal movement in
passenger motor vehicles, taking into account various pedal mounting
configurations, minimum clearances for passenger motor vehicle foot
pedals with respect to other pedals, the vehicle floor (including
aftermarket floor coverings), and any other potential obstructions to
pedal movement as determined by the Secretary.
(b) Deadline.--The Secretary shall issue a final rule under
subsection (a) within 3 years after the date of enactment of this Act,
or, if the Secretary determines that a standard is not warranted based
on the requirements and considerations set forth in section 30111(a)
and (b) of title 49, United States Code, transmit a report to the
Senate Committee on Commerce, Science, and Transportation, and the
House of Representatives Committee on Energy and Commerce describing
the reasons for not prescribing the standard.
(c) Combined Rulemaking.--If appropriate, the Secretary may combine
the rulemaking proceeding required by subsection (a) with the
rulemaking proceeding required by section 102.
SEC. 104. ELECTRONIC SYSTEMS PERFORMANCE STANDARD.
(a) In General.--The Secretary shall initiate a rulemaking
proceeding to prescribe or amend a Federal motor vehicle safety
standard to require electronic systems in passenger motor vehicles to
meet minimum performance requirements. Such a rule may include
requirements for electronic components, the interaction of those
electronic components, or the effect of surrounding environments on
those electronic systems.
(b) National Academy of Sciences.--In conducting the rulemaking,
the Secretary shall consider to the extent appropriate the findings and
recommendations of the National Academy of Sciences, if any, pursuant
to its study of electronic vehicle controls.
(c) Deadline.--The Secretary shall issue a final rule under
subsection (a) within 4 years after the date of enactment of this Act.
SEC. 105. PUSHBUTTON IGNITION SYSTEMS STANDARD.
(a) Pushbutton Ignition Standard.--
(1) In general.--The Secretary shall initiate a rulemaking
proceeding to consider prescribing a Federal motor vehicle
safety standard for passenger motor vehicles with pushbutton
ignition systems, to establish a standardized operation of such
systems when used by drivers, including drivers who may be
unfamiliar with such systems, in an emergency situation when
the vehicle is in motion.
(2) Other ignition systems.--In the rulemaking proceeding
under paragraph (1), the Secretary may include any other
ignition-starting mechanism that the Secretary deems it
appropriate to consider.
(b) Pushbutton Ignition System.--The term ``pushbutton ignition
system'' means a mechanism, such as the push of a button, for starting
a passenger motor vehicle that does not involve the physical insertion
and turning of a tangible key.
(c) Deadline.--The Secretary shall issue a final rule under
subsection (a) within 2 years after the date of enactment of this Act,
or, if the Secretary determines that a standard is not warranted based
on the requirements and considerations set forth in section 30111(a)
and (b) of title 49, United States Code, transmit a report to the
Senate Committee on Commerce, Science, and Transportation, and the
House of Representatives Committee on Energy and Commerce describing
the reasons for not prescribing the standard.
SEC. 106. TRANSMISSION LABELING STANDARD.
(a) In General.--The Secretary shall initiate a rulemaking
proceeding to consider amending Federal motor vehicle safety standard
102 to improve the recognition of the gear selector positions for
drivers, including drivers not familiar with the vehicle, and to make
the neutral position more conspicuous.
(b) Deadline.--The Secretary shall issue a final rule under
subsection (a) within 2 years after the date of enactment of this Act,
or, if the Secretary determines that amendment of the standard is not
warranted based on the requirements and considerations set forth in
section 30111(a) and (b) of title 49, United States Code, transmit a
report to the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on Energy
and Commerce describing the reasons for not prescribing the standard.
SEC. 107. VEHICLE EVENT DATA RECORDERS.
(a) Mandatory Event Data Recorders.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall revise part 563 of
title 49, Code of Federal Regulations, to require that new
passenger motor vehicles sold in the United States beginning
with the 2015 model year be equipped with an event data
recorder that meets the requirements of that part.
(2) Penalty.--The violation of any provision of part 563 of
title 49, Code of Federal Regulations--
(A) shall be deemed to be a violation of section
30112 of title 49, United States Code, and subject to
civil penalties under section 30165(a) of that title;
but
(B) shall not subject a manufacturer (as defined in
section 30102(a)(5) of that title) to the requirements
of section 30120 of that title.
(b) Limitations on Information Retrieval.--
(1) Ownership of data.--Any data in an event data recorder
required under part 563 of title 49, Code of Federal
Regulations, regardless of when the passenger motor vehicle in
which it is installed was manufactured, is the property of the
owner or lessee of the passenger motor vehicle in which the
data recorder is installed.
(2) Privacy.--Data recorded or transmitted by such a data
recorder may not be retrieved by a person other than the owner
or lessee of the motor vehicle in which the recorder is
installed unless--
(A) a court authorizes retrieval of the information
in furtherance of a legal proceeding;
(B) the owner or lessee consents to the retrieval
of the information for any purpose, including the
purpose of diagnosing, servicing, or repairing the
motor vehicle;
(C) the information is retrieved pursuant to an
investigation or inspection authorized under section
30166 of title 49, United States Code, and the
personally identifiable information of the owner,
lessee, or driver of the vehicle and the vehicle
identification number is not disclosed in connection
with the retrieved information; or
(D) the information is retrieved for the purpose of
determining the need for, or facilitating, emergency
medical response in the event of a motor vehicle crash.
(c) Revised Requirements for Event Data Recorders.--The Secretary
shall initiate a rulemaking proceeding to prescribe or amend a Federal
motor vehicle safety standard that would update part 563 of title 49,
Code of Federal Regulations, to require that event data recorders in
passenger motor vehicles record operational data that can be stored and
accessed for retrieval and analysis in accordance with subsection (d).
(d) Specifications.--The rule--
(1) shall require such recorders to capture and store data
covering a reasonable time before, during, and after a motor
vehicle accident or airbag deployment, including information
about engine performance, steering, braking, acceleration,
vehicle speed, seat belt use, airbag deployment level,
deactivation status, deployment time, and deployment stage, and
may require such recorders to record other data related to
motor vehicle safety, such as data related to vehicle
rollovers, as the Secretary considers appropriate;
(2) shall require such recorders to store data for a
sufficient time to capture relevant data from events leading up
to a motor vehicle accident, the accident itself, and the
aftermath of an accident, including a rollover;
(3) may require such recorders to capture and store certain
events such as rapid deceleration, full-throttle acceleration,
or full braking that may indicate unintended acceleration, even
if there is not an accident or airbag deployment;
(4) may not require information recorded by such data
recorders to include the vehicle's location except as deemed
necessary by the Secretary for purposes of determining the need
for, or facilitating, emergency medical response in the event
of a motor vehicle crash;
(5) shall require that data stored on such recorders be
accessible, regardless of vehicle manufacturer or model, with
commercially available equipment;
(6) shall specify data format requirements;
(7) may require an interoperable data access port to
facilitate universal accessibility and analysis;
(8) shall require that such recorders meet the performance
requirements for crash resistance included in part 563 of title
49, Code of Federal Regulations, and, if the Secretary
determines that these requirements do not provide adequate
temperature, crash or water resistance, the Secretary may
establish additional requirements; and
(9) shall establish requirements for preventing
unauthorized access to the data stored on an event data
recorder in order to protect the security, integrity, and
authenticity of the data.
(e) Disclosure of Existence and Purpose of Event Data Recorder.--
The rule issued under subsection (c) shall require that any owner's
manual or similar documentation provided to the first purchaser of a
passenger motor vehicle for purposes other than resale disclose that
the vehicle is equipped with such a data recorder and explain the
purpose of the recorder.
(f) Access to Event Data Recorders in Defect Investigations.--
Section 30166(c)(3)(C) of title 49, United States Code, is amended by
striking ``equipment;'' and inserting ``equipment, including any
electronic data contained within the vehicle's diagnostic system or
event data recorder;''.
(g) Deadline for Rulemaking.--The Secretary shall issue a final
rule under subsection (b) not later than 3 years after the date of
enactment of this Act.
(h) Event Data Recorders for New Medium-duty and Heavy-duty
Vehicles.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Secretary shall require that all
new medium-duty vehicles and heavy-duty vehicles sold in the
United States beginning with model year 2017 be equipped with
an event data recorder.
(2) Medium- and heavy-duty vehicles defined.--In this
subsection, the term ``medium-duty vehicles and heavy-duty
vehicles'' means motor vehicles (as defined in section
30102(a)(6) of title 49, United States Code) that are rated at
10,001 pounds gross vehicular weight or more. The term does not
include trailers.
TITLE II--ENHANCED SAFETY AUTHORITIES
SEC. 201. CIVIL PENALTIES.
(a) In General.--Section 30165 of title 49, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) in the first sentence by striking ``$5,000``and
inserting ``$25,000''; and
(B) in the third sentence by striking
``$15,000,000'' and inserting ``$300,000,000'';
(2) in subsection (a)(3)--
(A) in the second sentence by striking ``$5,000``
and inserting ``$25,000''; and
(B) in the third sentence by striking
``$15,000,000'' and inserting ``$300,000,000'';
(3) by striking subsection (c) and inserting the following:
``(c) Relevant Factors in Determining Amount of Penalty or
Compromise.--In determining the amount of a civil penalty or
compromise, the nature, circumstances, extent, and gravity of the
violation shall be considered. The determination shall include, where
appropriate, the nature of the defect or noncompliance, knowledge by
the person charged of its obligation to recall or notify the public,
the severity of the risk of injury, the occurrence or absence of
injury, the number of motor vehicles or items of motor vehicle
equipment distributed with the defect or noncompliance, the existence
of an imminent hazard, actions taken by the person charged to identify,
investigate, or mitigate the condition, the appropriateness of such
penalty in relation to the size of the business of the person charged,
including the potential for undue adverse economic impacts on small
business, and such other factors as appropriate.''.
(b) Civil Penalty Criteria.--Not later than 1 year after the date
of enactment of this Act, and in accordance with the procedures of
section 553 of title 5, United States Code, the Secretary shall issue a
final regulation providing its interpretation of the penalty factors
described in section 30165(c) of title 49, United States Code, as
amended by subsection (a).
(c) Construction.--Nothing in this section shall be construed as
preventing the imposition of penalties under section 30165 of title 49,
United States Code, prior to the issuance of a final regulation
pursuant to subsection (b).
SEC. 202. IMMINENT HAZARD AUTHORITY.
(a) In General.--Section 30118(b) of title 49, United States Code,
is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting ``or (2)'' in paragraph (3) (as
redesignated) after ``under paragraph (1)''; and
(3) by inserting after paragraph (1) the following:
``(2) If the Secretary of Transportation in making a
decision under subsection (a) initially decides that such
defect or noncompliance presents a substantial likelihood of
death or serious injury to the public if not discontinued
immediately, the Secretary shall notify the manufacturer of the
decision that the vehicle or replacement equipment poses an
imminent safety hazard to the public and the basis for that
decision. Not later than 10 days after the initial decision,
the manufacturer and interested persons shall be given an
opportunity to present information, views, and arguments to the
Secretary. The Secretary shall consider such information, views
and arguments and may make a final decision as to whether a
motor vehicle or replacement equipment contains a defect
related to motor vehicle safety or does not comply with an
applicable motor vehicle safety standard prescribed under this
chapter.''.
(b) Procedures.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall issue regulations establishing
procedures for the issuance of a decision under section 30118(b)(2) of
title 49, United States Code (as added by subsection (a)) and
enforcement of an order based on such decision. In establishing such
procedures, the Secretary shall prioritize the mitigation of imminent
safety hazards.
TITLE III--TRANSPARENCY AND ACCOUNTABILITY
SEC. 301. PUBLIC AVAILABILITY OF EARLY WARNING DATA.
(a) In General.--Section 30166(m) of title 49, United States Code,
is amended by--
(1) by striking clause (ii) in paragraph (3)(A) and
inserting the following:
``(ii) customer satisfaction campaigns,
customer advisories, recalls, consumer
complaints, warranty claims, field reports,
technical service bulletins, or other activity
involving the repair or replacement of motor
vehicles or motor vehicle equipment.''; and
(2) by striking subparagraph (C) of paragraph (4) and
inserting the following:
``(C) Disclosure.--The information provided to the
Secretary pursuant to this subsection shall be
disclosed publicly unless exempt from disclosure under
section 552(b) of title 5.''.
(b) Regulations.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue regulations
establishing categories of information provided to the Secretary
pursuant to section 30166(m) that must be made available to the public.
The Secretary may establish categories of information that are exempt
from public disclosure under section 552(b) of title 5, United States
Code.
(c) Consultation.--In conducting the rulemaking required under
subsection (a), the Secretary shall consult with the Director of the
Office of Government Information Services within the National Archives
and the Director of the Office of Information Policy of the Department
of Justice.
(d) Presumption and Limitation.--The Secretary shall issue the
regulations with a presumption in favor of maximum public availability
of information. In issuing regulations under subsection (b), the
following types of information shall presumptively not be eligible for
protection under section 552(b) of title 5, United States Code:
(1) Vehicle safety defect information related to incidents
involving death or injury.
(2) Aggregated numbers of property damage claims; and
(3) Aggregated numbers of consumer complaints related to
potential vehicle defects.
SEC. 302. IMPROVED NHTSA VEHICLE SAFETY DATABASE.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall improve public accessibility
to information on the National Highway Traffic Safety Administration's
publicly accessible vehicle safety databases by--
(1) improving organization and functionality, including
modern web design features, and allowing for data to be
searched, aggregated, and downloaded;
(2) providing greater consistency in presentation of
vehicle safety issues; and
(3) improving searchability about specific vehicles and
issues through standardization of commonly used search terms.
(b) Vehicle Recall Information.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall require that
motor vehicle safety recall information be made available to consumers
on the Internet, searchable by a vehicle make and model and searchable
by a vehicle identification number, in a format that preserves consumer
privacy and that provides information about each recall that has not
been completed for that vehicle. The Secretary may initiate a
rulemaking proceeding to require that manufacturers provide such
information at no cost on publicly accessible Internet websites or
through other reasonable means.
SEC. 303. CONSUMER NOTICE OF SOFTWARE UPDATES AND OTHER COMMUNICATIONS
WITH DEALERS.
(a) Internet Accessibility.--Section 30166(f) of title 49, United
States Code, is amended--
(1) by striking ``Transportation'' and inserting
``Transportation, and make available on a publicly accessible
Internet website,''; and
(2) by adding at the end the following: ``Communications
submitted to the Secretary and required to be published on a
manufacturer's Internet website shall include all notices to
dealerships of software upgrades and modifications recommended
by a manufacturer for all previously sold vehicles. Notice is
required even if the software upgrade or modification is not
related to a safety defect or noncompliance with a motor
vehicle safety standard. The notice shall include a plain
language description of the purpose of the update and that
description shall be prominently placed at the beginning of the
notice. Communications required to be submitted to the
Secretary under this subsection shall be accompanied by an
index to each communication which identifies the make, model,
and model year of the affected vehicles and a concise summary
of the subject matter of the communication. The index shall be
made available by the Secretary to the public on the Internet
in a searchable format.''.
SEC. 304. PROMOTION OF VEHICLE DEFECT REPORTING.
Section 32302 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Motor Vehicle Defect Reporting Information.--
``(1) Rulemaking required.--Within 1 year after the date of
enactment of the Motor Vehicle Safety Act of 2010 the Secretary
shall prescribe regulations that require passenger motor
vehicle manufacturers to affix, in the glove compartment or in
another readily accessible location on the vehicle, a sticker,
decal, or other device that provides, in simple and
understandable language, information about how to submit a
safety-related motor vehicle defect complaint to the National
Highway Traffic Safety Administration. The Secretary shall
require the same information to be prominently printed on a
separate page within the owner's manual. The information may
not be placed on the label required by section 3 of the
Automobile Information Disclosure Act (15 U.S.C. 1232).
``(2) Application.--The requirements established under
paragraph (1) shall apply to passenger motor vehicles
manufactured in model years beginning more than 1 year after
the date on which a final rule is published under that
paragraph.''.
SEC. 305. NHTSA HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC
PERSONNEL.
The Secretary shall--
(1) establish a means by which mechanics, passenger motor
vehicle dealership personnel, and passenger motor vehicle
manufacturer personnel may contact the National Highway Traffic
Safety Administration directly and confidentially regarding
potential passenger motor vehicle safety defects; and
(2) publicize the means for contacting the National Highway
Traffic Safety Administration in a manner that targets
mechanics, passenger motor vehicle dealership personnel, and
manufacturer personnel.
SEC. 306. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE MANUFACTURER,
PART SUPPLIER, AND DEALERSHIP EMPLOYEES.
(a) In General.--Subchapter IV of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30171. Protection of employees providing motor vehicle safety
information
``(a) Discrimination Against Employees of Manufacturers, Part
Suppliers, and Dealerships.--No motor vehicle manufacturer, part
supplier, or dealership may discharge an employee or otherwise
discriminate against an employee with respect to compensation, terms,
conditions, or privileges of employment because the employee (or any
person acting pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide (with any knowledge of the employer) or cause to be
provided to the employer or the Secretary of Transportation
information relating to any motor vehicle defect or any
violation or alleged violation of any notification or reporting
requirement of this chapter;
``(2) has filed, caused to be filed, or is about to file
(with any knowledge of the employer) or cause to be filed a
proceeding relating to any violation or alleged violation of
any motor vehicle defect or any violation or alleged violation
of any notification or reporting requirement of this chapter;
``(3) testified or is about to testify in such a
proceeding;
``(4) assisted or participated or is about to assist or
participate in such a proceeding; or
``(5) objected to, or refused to participate in, any
activity that the employee reasonably believed to be in
violation of any provision of any Act enforced by the Secretary
of Transportation, or any order, rule, regulation, standard, or
ban under any such Act.
``(b) Complaint Procedure.--
``(1) Filing and notification.--A person who believes that
he or she has been discharged or otherwise discriminated
against by any person in violation of subsection (a) may, not
later than 180 days after the date on which such violation
occurs, file (or have any person file on his or her behalf) a
complaint with the Secretary of Labor alleging such discharge
or discrimination. Upon receipt of such a complaint, the
Secretary shall notify, in writing, the person named in the
complaint of the filing of the complaint, of the allegations
contained in the complaint, of the substance of evidence
supporting the complaint, and of the opportunities that will be
afforded to such person under paragraph (2).
``(2) Investigation; preliminary order.--
``(A) In general.--Not later than 60 days after the
date of receipt of a complaint filed under paragraph
(1) and after affording the person named in the
complaint an opportunity to submit to the Secretary a
written response to the complaint and an opportunity to
meet with a representative of the Secretary to present
statements from witnesses, the Secretary shall conduct
an investigation and determine whether there is
reasonable cause to believe that the complaint has
merit and notify, in writing, the complainant and the
person alleged to have committed a violation of
subsection (a) of the Secretary's findings. If the
Secretary concludes that there is a reasonable cause to
believe that a violation of subsection (a) has
occurred, the Secretary shall accompany the Secretary's
findings with a preliminary order providing the relief
prescribed by paragraph (3)(B). Not later than 30 days
after the date of notification of findings under this
paragraph, either the person alleged to have committed
the violation or the complainant may file objections to
the findings or preliminary order, or both, and request
a hearing on the record. The filing of such objections
shall not operate to stay any reinstatement remedy
contained in the preliminary order. Such hearings shall
be conducted expeditiously. If a hearing is not
requested in such 30-day period, the preliminary order
shall be deemed a final order that is not subject to
judicial review.
``(B) Requirements.--
``(i) Required showing by complainant.--The
Secretary shall dismiss a complaint filed under
this subsection and shall not conduct an
investigation otherwise required under
subparagraph (A) unless the complainant makes a
prima facie showing that any behavior described
in paragraphs (1) through (4) of subsection (a)
was a contributing factor in the unfavorable
personnel action alleged in the complaint.
``(ii) Showing by employer.--
Notwithstanding a finding by the Secretary that
the complainant has made the showing required
under clause (i), no investigation otherwise
required under subparagraph (A) shall be
conducted if the employer demonstrates, by
clear and convincing evidence, that the
employer would have taken the same unfavorable
personnel action in the absence of that
behavior.
``(iii) Criteria for determination by
secretary.--The Secretary may determine that a
violation of subsection (a) has occurred only
if the complainant demonstrates that any
behavior described in paragraphs (1) through
(4) of subsection (a) was a contributing factor
in the unfavorable personnel action alleged in
the complaint.
``(iv) Prohibition.--Relief may not be
ordered under subparagraph (A) if the employer
demonstrates by clear and convincing evidence
that the employer would have taken the same
unfavorable personnel action in the absence of
that behavior.
``(3) Final order.--
``(A) Deadline for issuance; settlement
agreements.--Not later than 120 days after the date of
conclusion of a hearing under paragraph (2), the
Secretary shall issue a final order providing the
relief prescribed by this paragraph or denying the
complaint. At any time before issuance of a final
order, a proceeding under this subsection may be
terminated on the basis of a settlement agreement
entered into by the Secretary, the complainant, and the
person alleged to have committed the violation.
``(B) Remedy.--If, in response to a complaint filed
under paragraph (1), the Secretary determines that a
violation of subsection (a) has occurred, the Secretary
shall order the person who committed such violation--
``(i) to take affirmative action to abate
the violation;
``(ii) to reinstate the complainant to his
or her former position together with the
compensation (including back pay) and restore
the terms, conditions, and privileges
associated with his or her employment; and
``(iii) to provide compensatory damages to
the complainant.
If such an order is issued under this paragraph, the
Secretary, at the request of the complainant, shall
assess against the person against whom the order is
issued a sum equal to the aggregate amount of all costs
and expenses (including attorneys' and expert witness
fees) reasonably incurred, as determined by the
Secretary, by the complainant for, or in connection
with, the bringing the complaint upon which the order
was issued.
``(C) Frivolous complaints.--If the Secretary finds
that a complaint under paragraph (1) is frivolous or
has been brought in bad faith, the Secretary may award
to the prevailing employer a reasonable attorney's fee
not exceeding $1,000.
``(D) De novo review.--With respect to a complaint
under paragraph (1), if the Secretary of Labor has not
issued a final decision within 210 days after the
filing of the complaint and if the delay is not due to
the bad faith of the employee, the employee may bring
an original action at law or equity for de novo review
in the appropriate district court of the United States,
which shall have jurisdiction over such an action
without regard to the amount in controversy, and which
action shall, at the request of either party to the
action, be tried by the court with a jury. The Action
shall be governed by the same legal burdens of proof
specified in paragraph (2)(B) for review by the
Secretary of Labor.
``(4) Review.--
``(A) Appeal to court of appeals.--Any person
adversely affected or aggrieved by an order issued
under paragraph (3) may obtain review of the order in
the United States Court of Appeals for the circuit in
which the violation, with respect to which the order
was issued, allegedly occurred or the circuit in which
the complainant resided on the date of such violation.
The petition for review shall be filed not later than
60 days after the date of the issuance of the final
order of the Secretary. Review shall conform to chapter
7 of title 5. The commencement of proceedings under
this subparagraph shall not, unless ordered by the
court, operate as a stay of the order.
``(B) Limitation on collateral attack.--An order of
the Secretary with respect to which review could have
been obtained under subparagraph (A) shall not be
subject to judicial review in any criminal or other
civil proceeding.
``(5) Enforcement of order by secretary.--Whenever any
person has failed to comply with an order issued under
paragraph (3), the Secretary may file a civil action in the
United States district court for the district in which the
violation was found to occur to enforce such order. In actions
brought under this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief including, but not
limited to, injunctive relief and compensatory damages.
``(6) Enforcement of order by parties.--
``(A) Commencement of action.--A person on whose
behalf an order was issued under paragraph (3) may
commence a civil action against the person to whom such
order was issued to require compliance with such order.
The appropriate United States district court shall have
jurisdiction, without regard to the amount in
controversy or the citizenship of the parties, to
enforce such order.
``(B) Attorney fees.--The court, in issuing any
final order under this paragraph, may award costs of
litigation (including reasonable attorney and expert
witness fees) to any party whenever the court
determines such award is appropriate.
``(c) Mandamus.--Any nondiscretionary duty imposed by this section
shall be enforceable in a mandamus proceeding brought under section
1361 of title 28.
``(d) Nonapplicability to Deliberate Violations.--Subsection (a)
shall not apply with respect to an employee of a motor vehicle
manufacturer, part supplier, or dealership who, acting without
direction from such motor vehicle manufacturer, part supplier, or
dealership (or such person's agent), deliberately causes a violation of
any requirement relating to motor vehicle safety under this chapter.''.
(b) Conforming Amendment.--The table of sections for chapter 301 of
title 49, United States Code, is amended by inserting after the item
relating to section 30170 the following:
``30171. Protection of employees providing motor vehicle safety
information''.
SEC. 307. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.
(a) In General.--Section 30166 of title 49, United States Code, is
amended by adding at the end the following:
``(o) Corporate Responsibility for Reports.--
``(1) In general.--The Secretary shall require for each
company submitting information to the Secretary in response to
a request for information in a safety defect or compliance
investigation under this chapter, that a principal officer
certify that--
``(A) the signing officer has reviewed the
submission; and
``(B) based on the officer's knowledge, the
submission does not contain any untrue statement of a
material fact or omit to state a material fact
necessary in order to make the statements made, in
light of the circumstances under which such statements
were made, not misleading.
``(2) Notice.--The certification requirements of this
section shall be clearly stated on any request for information
under paragraph (1).
``(3) Definition of principal officer.--In this section,
the term `principal officer' means--
``(A) an officer of the company who resides in the
United States who is responsible for safety compliance
under United States laws and reports directly to the
principal executive officer of the company; or
``(B) the principal executive officer residing in
the United States.''.
(b) Penalties.--
(1) Civil penalty.--Section 30165(a) of title 49, United
States Code, is amended--
(A) by striking ``A person'' in paragraph (3) and
inserting ``Except as provided in paragraph (4), a
person''; and
(B) by adding at the end thereof the following:
``(4) False, misleading or incomplete reports.--A person
who knowingly and willfully submits materially false,
misleading, or incomplete information to the Secretary, after
certifying the same information as accurate and complete under
the certification process established pursuant to section
30166(o), shall be subject to a civil penalty of not more than
$50,000 per day. The maximum penalty under this paragraph for a
related series of daily violations is $10,000,000.''.
(2) Criminal penalty.--Section 30170 of title 49, United
States Code, is amended--
(A) by redesignating paragraphs (1) and (2) of
subsection (a) as paragraphs (2) and (3), respectively,
and by inserting before paragraph (2) the following:
``(1) Submitting misleading information to the secretary.--
A person who violates section 1001 of title 18 with respect to
the reporting requirements of section 30118, 30119, or 30166
with the specific intent of misleading the Secretary with
respect to motor vehicle or motor vehicle equipment safety
related defects shall, in addition to the penalties imposed
under title 18, be subject to imprisonment for not more than an
additional 12 months.'';
(B) by striking the heading for paragraph (2), as
redesignated, of subsection (a) and inserting the
following:
``(2) Submitting misleading information to the secretary
that leads to death or serious injury.--''; and
(C) by striking subparagraph (A) of paragraph (3),
as redesignated, of subsection (a) and inserting the
following:
``(A) Correction.--A person described in paragraph
(1) or (2) shall not be subject to criminal penalties
under this subsection if--
``(i) the person corrects any improper
reports or failure to report within a
reasonable time; and
``(ii) in the case of a person described in
paragraph (2), at the time of the violation,
such person does not know that the violation
would result in an accident causing death or
serious bodily injury.''.
SEC. 308. ANTI-REVOLVING DOOR.
(a) Professional Responsibility Integrity Period.--
(1) In general.--Subchapter I of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 30107. Restriction on certain employment activities
``(a) NHTSA Employees.--
``(1) In general.--A individual to whom this subsection
applies who is employed by the National Highway Traffic Safety
Administration may not commence employment with, or otherwise
advise, provide assistance to, or represent for compensation, a
manufacturer or other person subject to regulation under this
chapter during the 36-month period commencing upon that
individual's termination of employment with the National
Highway Traffic Safety Administration if such employment,
advice, assistance, or representation involves--
``(A) written or oral communication with the
National Highway Traffic Safety Administration on any
matter relating to compliance with the requirements of
this chapter on behalf of the manufacturer or person;
``(B) representing or advising a manufacturer with
respect to a motor vehicle safety or fuel economy
issue, including any defect related to motor vehicle
safety, compliance with a motor vehicle safety
standard, or compliance with an average fuel economy
standard prescribed under chapter 329 of this title; or
``(C) assisting a manufacturer in responding to a
request for information from the National Highway
Traffic Safety Administration.
``(2) Application.--
``(A) In general.--This subsection applies to any
individual--
``(i) to whom section 207 (c) or (d) of
title 18 applies; or
``(ii) whose responsibilities during his or
her last 12 months of employment at the
National Highway Traffic Safety Administration
included administrative, managerial,
supervisory, legal, or senior technical
responsibility for any motor vehicle safety-
related program or activity.
``(3) Safe harbor.--This subsection does not apply to any
individual employed by a manufacturer or other person subject
to regulation under this chapter as of the date of enactment of
the Motor Vehicle Safety Act of 2010.
``(b) Manufacturers.--It is unlawful for any manufacturer or other
person subject to regulation under this chapter to employ or contract
for the services of an individual to whom subsection (a) applies during
the 36-month period commencing on the individual's termination of
employment with the National Highway Traffic Safety Administration in a
capacity in which the individual is prohibited from serving during that
period.''.
(2) Civil penalty.--Section 30165(a) of title 49, United
States Code, as amended by section 307, is further amended by
adding at the end the following:
``(5) Section 30107.--An individual who violates section
30107(a) is liable to the United States Government for a civil
penalty as determined under section 216(b) of title 18 for an
offense under section 207 of that title. A manufacturer or
other person subject to regulation under this chapter who
violates section 30107(b) is liable to the United States
Government for a civil penalty of the sum of--
``(A) an amount equal to not less than $100,000;
and
``(B) an amount equal to 90 percent of the annual
compensation or fee paid or payable to the individual
with respect to whom the violation occurred.''.
(3) Conforming amendment.--The table of contents for
chapter 301 of title 49, United States Code, is amended by
inserting after the item relating to section 30106 the
following:
``30107. Restriction on certain employment activities.''.
(b) Study of Department of Transportation Policies on Official
Communication With Former Motor Vehicle Safety Issue Employees.--Within
1 year after the date of enactment of this Act the Department of
Transportation Inspector General shall--
(1) review the Department's policies and procedures
applicable to official communication with former employees
concerning motor vehicle safety compliance matters for which
they had responsibility during the last 12 months of their
tenure at the Department, including any limitations on the
ability of such employees to submit comments, or otherwise
communicate directly with the Department, on motor vehicle
safety issues; and
(2) submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Energy and Commerce containing the Inspector
General's findings, conclusions, and recommendations for
strengthening those policies and procedures to minimize the
risk of undue influence without compromising the ability of the
Department to employ and retain highly qualified individuals
for such responsibilities.
(c) Post-employment Policy Study.--
(1) In general.--The Department of Transportation Inspector
General shall conduct a study of the Department's policies
relating to post-employment restrictions on employees who
perform functions related to transportation safety.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Inspector General shall submit a
report containing the results of the study conducted under
paragraph (1) to--
(A) the Senate Committee on Commerce, Science, and
Transportation;
(B) the House of Representatives Committee on
Energy and Commerce; and
(C) the Secretary of Transportation.
(3) Use of results.--The Secretary of Transportation shall
review the results of the study and take whatever action the
Secretary determines to be appropriate.
SEC. 309. DEADLINES FOR RULEMAKING.
If the Secretary determines that a deadline for a final rule under
this Act or an amendment made by this Act cannot be met, the Secretary
shall--
(1) notify the House of Representatives Committee on Energy
and Commerce and the Senate Committee on Commerce, Science, and
Transportation and explain why that deadline cannot be met; and
(2) establish a new deadline for that rule.
SEC. 310. USED PASSENGER MOTOR VEHICLE CONSUMER PROTECTION.
(a) In General.--Section 30120 of title 49, United States Code, is
amended by adding at the end the following:
``(k) Limitation on Sale or Lease of Used Motor Vehicles.--
``(1) A dealer may not sell or lease a used passenger motor
vehicle until--
``(A) the dealer clearly and conspicuously notifies
the purchaser or lessee, in writing, of any
notifications of a defect or noncompliance pursuant to
section 30118(b) or section 30118(c) of this title with
respect to the vehicle that have not been remedied; and
``(B) the purchaser or lessee acknowledges, in
writing, the receipt of such notification.
``(2) Paragraph (1) shall not apply if--
``(A) the defect or noncompliance is remedied as
required by this section before delivery under the sale
or lease; or
``(B) notification of the defect or noncompliance
is required under section 30118(b) but enforcement of
the order is set aside in a civil action to which
30121(d) applies.
``(3) This subsection does not apply to a dealer, if the
recall information regarding a used passenger motor vehicle was
not accessible at the time of sale or lease using the means
established by the Secretary in section 302(b) of the Motor
Vehicle Safety Act of 2010.
``(4) In this subsection, notwithstanding section
30102(a)(1) of this title--
``(A) the term `dealer' means a person who sold at
least 10 motor vehicles to consumers during the prior
12 months; and
``(B) the term `used motor vehicle' means a motor
vehicle that has previously been purchased other than
for resale.
``(5) By rule, the Secretary may exempt the auctioning of
used motor vehicles from the requirements of this section to
the extent that the exemption does not harm public safety.''.
(b) Effective Date.--This section shall take effect 18 months after
the date of enactment of this Act.
SEC. 311. USE OF EXISTING REGULATORY FRAMEWORK.
In conducting any rulemaking proceedings required by this Act or by
any amendment made by this Act, the Secretary shall, where appropriate,
amend or modify existing regulations or standards pertaining to the
same or a similar subject matter.
SEC. 312. RECALLED VEHICLES AND REPLACEMENT EQUIPMENT.
(a) Improving the Efficacy of Motor Vehicle Safety Recalls.--
Section 30119(e) of title 49, United States Code, is amended by adding
at the end the following: ``If, in the Secretary's judgment, depending
on the severity of the defect or noncompliance, the second notification
by a manufacturer does not result in an adequate number of passenger
motor vehicles or items of replacement equipment being returned for
remedy, the Secretary may--
``(1) attempt to notify the registered owner of the
recalled vehicle via first class mail or electronic means; and
``(2) explain in writing to the registered owner the safety
risk posed by the defect or noncompliance.''.
(b) Locating Owners or Lessees.--Section 30119 of title 49, United
States Code, is amended by adding at the end the following:
``(g) Locating Owners or Lessees.--Depending on the magnitude of
the risk to passenger motor vehicle safety, in the case of severe and
life-threatening defects the Secretary may utilize, as appropriate,
governmental motor vehicle databases or require manufacturers to
provide sufficient information to enable the Secretary to locate and
notify the owner or lessee of the defective or noncompliant vehicle or
replacement equipment.''.
TITLE IV--FUNDING
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
Section 30104 of title 49, United States Code, is amended--
(1) by striking ``$98,313,500''; and
(2) by striking ``in each fiscal year beginning'' and all
that follows and inserting ``and to carry out the Motor Vehicle
Safety Act of 2010--
``(1) $200,000,000 for fiscal year 2011;
``(2) $240,000,000 for fiscal year 2012; and
``(3) $280,000,000 for fiscal year 2013.''.
TITLE V--PEDESTRIAN SAFETY ENHANCEMENT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Pedestrian Safety Enhancement Act
of 2009'.
SEC. 502. DEFINITIONS.
In this title:
(1) Alert sound; sound.--The term ``alert sound'' or
``sound'' means a vehicle-emitted sound to enable pedestrians
to discern vehicle presence, direction, location, and
operation.
(2) Cross-over speed.--The term ``cross-over speed'' means
the speed at which tire noise, wind resistance, and other
factors eliminate the need for a separate alert sound as
determined by the Secretary.
(3) Conventional motor vehicle.--The term ``conventional
motor vehicle'' means a motor vehicle powered by a gasoline,
diesel, or alternative fueled internal combustion engine as its
sole means of propulsion.
(4) Dealer.--The term ``dealer'' has the meaning given such
term in section 30102(a)(1) of title 49, United States Code.
(5) Defect.--The term ``defect'' has the meaning given such
term in section 30102(a)(2) of title 49, United States Code.
(6) Electric vehicle.--The term ``electric vehicle'' means
a motor vehicle with an electric motor as its sole means of
propulsion.
(7) Hybrid vehicle.--The term ``hybrid vehicle'' means a
motor vehicle which has more than one means of propulsion.
(8) Manufacturer.--The term ``manufacturer'' has the
meaning given such term in section 30102(a)(5) of title 49,
United States Code.
(9) Motor vehicle.--The term ``motor vehicle'' has the
meaning given such term in section 30102(a)(6) of title 49,
United States Code, except that such term shall not include a
trailer (as such term is defined in section 571.3 of title 49,
Code of Federal Regulations).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 503. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES.
(a) Rulemaking required.--Not later than 18 months after the date
of enactment of this Act the Secretary shall initiate rulemaking, under
section 30111 of title 49, United States Code, to promulgate a motor
vehicle safety standard--
(1) establishing performance requirements for an alert
sound that allows blind and other pedestrians to reasonably
detect a nearby electric or hybrid vehicle operating below the
cross-over speed, if any, and
(2) requiring new electric or hybrid vehicles to provide an
alert sound conforming to the requirements of the motor vehicle
safety standard established under this subsection.
The motor vehicle safety standard established under this subsection
shall not require either driver or pedestrian activation of the alert
sound and shall allow the pedestrian to reasonably detect a nearby
electric or hybrid vehicle in critical operating scenarios including,
but not limited to, constant speed, accelerating, or decelerating. The
Secretary shall allow manufacturers to provide each vehicle with one or
more sounds that comply with the motor vehicle safety standard at the
time of manufacture. Further, the Secretary shall require manufacturers
to provide, within reasonable manufacturing tolerances, the same sound
or set of sounds for all vehicles of the same make and model and shall
prohibit manufacturers from providing any mechanism for anyone other
than the manufacturer or the dealer to disable, alter, replace, or
modify the sound or set of sounds, except that the manufacturer or
dealer may alter, replace, or modify the sound or set of sounds in
order to remedy a defect or non-compliance with the motor vehicle
safety standard. The Secretary shall promulgate the required motor
vehicle safety standard pursuant to this subsection not later than 36
months after the date of enactment of this Act.
(b) Consideration.--When conducting the required rulemaking, the
Secretary shall--
(1) determine the minimum level of sound emitted from a
motor vehicle that is necessary to provide blind and other
pedestrians with the information needed to reasonably detect a
nearby electric or hybrid vehicle operating at or below the
cross-over speed, if any;
(2) determine the performance requirements for an alert
sound that is recognizable to a pedestrian as a motor vehicle
in operation; and
(3) consider the overall community noise impact.
(c) Phase-in Required.--The motor vehicle safety standard
prescribed pursuant to subsection (a) of this section shall establish a
phase-in period for compliance, as determined by the Secretary, and
shall require full compliance with the required motor vehicle safety
standard for motor vehicles manufactured on or after September 1 of the
calendar year that begins 3 years after the date on which the final
rule is issued.
(d) Required Consultation.--When conducting the required study and
rulemaking, the Secretary shall--
(1) consult with the Environmental Protection Agency to
assure that the motor vehicle safety standard is consistent
with existing noise requirements overseen by that Agency;
(2) consult consumer groups representing individuals who
are blind;
(3) consult with automobile manufacturers and professional
organizations representing them; and
(4) consult technical standardization organizations
responsible for measurement methods such as the Society of
Automotive Engineers, the International Organization for
Standardization, and the United Nations Economic Commission for
Europe, World Forum for Harmonization of Vehicle Regulations.
(e) Required Study and Report to Congress.--Not later than 48
months after the date of enactment of this Act, the Secretary shall
complete a study and report to Congress as to whether there exists a
safety need to apply the motor vehicle safety standard required by
subsection (a) to conventional motor vehicles. In the event that the
Secretary determines there exists a safety need, the Secretary shall
initiate rulemaking under section 30111 of title 49, United States
Code, to extend the standard to conventional motor vehicles.
SEC. 504. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Transportation such sums as may be necessary to carry out this title.
TITLE VI--IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH
SEC. 601. SHORT TITLE.
This title may be cited as the ``Research of Alcohol Detection
Systems for Stopping Alcohol-related Fatalities Everywhere Act of
2010'' or the ``ROADS SAFE Act of 2010''.
SEC. 602. FINDINGS.
Congress finds the following:
(1) Alcohol-impaired driving fatalities represent
approximately \1/3\ of all highway fatalities in the United
States in a given year.
(2) In 2008, there were 11,773 alcohol-impaired driving
fatalities.
(3) An estimated 9,000 road traffic deaths could be
prevented every year if alcohol detection technologies were
more widely used to prevent alcohol-impaired drivers from
operating their vehicles.
(4) The National Highway Traffic Safety Administration has
partnered with automobile manufacturers to develop alcohol
detection technologies that could be installed in vehicles to
prevent drunk driving.
(5) Alcohol detection technologies will not be widely
accepted by the public unless they are moderately priced,
absolutely reliable, and set at a level that would not prevent
a driver whose blood alcohol content is less than the legal
limit from operating a vehicle.
SEC. 603. DRIVER ALCOHOL DETECTION SYSTEM FOR SAFETY RESEARCH.
(a) In General.--The Administrator of the National Highway Traffic
Safety Administration shall carry out a collaborative research effort
under chapter 301 of title 49, United States Code, to continue to
explore the feasibility and the potential benefits of, and the public
policy challenges associated with, more widespread deployment of in-
vehicle technology to prevent alcohol-impaired driving.
(b) Reports.--The Administrator shall submit a report annually to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Energy and Commerce--
(1) describing progress in carrying out the collaborative
research effort; and
(2) including an accounting for the use of Federal funds
obligated or expended in carrying out that effort.
SEC. 604. DEFINTIONS.
In this title:
(1) Alcohol-impaired driving.--The term ``alcohol-impaired
driving'' means operation of a motor vehicle (as defined in
section 30102(a)(6) of title 49, United States Code) by an
individual whose blood alcohol content is at or above the legal
limit.
(2) Legal limit.--The term ``legal limit'' means a blood
alcohol concentration of 0.08 percent or greater (as specified
by chapter 163 of title 23, United States Code) or such other
percentage limitation as may be established by applicable
Federal, State, or local law.
SEC. 605. APPLICATION WITH OTHER LAWS.
Nothing in this title shall be construed to modify or otherwise
affect any Federal, State, or local government law, civil or criminal,
with respect to the operation of a motor vehicle.
SEC. 606. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Transportation $12,000,000 for each of fiscal years 2011
through 2015 to carry out the collaborative research effort under
section 603(a).
(b) Excess Funds.--Any amounts appropriated pursuant to subsection
(a) that are not needed to carry out collaborative research under
section 603(a) may be used by the Secretary for highway safety research
in accordance with chapter 301 of title 49, United States Code, and
chapter 403 of title 23, United States Code.
Calendar No. 653
111th CONGRESS
2d Session
S. 3302
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to establish new automobile
safety standards, make better motor vehicle safety information
available to the National Highway Traffic Safety Administration and the
public, and for other purposes.
_______________________________________________________________________
November 29, 2010
Reported with an amendment in the nature of a substitute