[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3302 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3302

  To amend title 49, United States Code, to establish new automobile 
    safety standards, make better motor vehicle safety information 
available to the National Highway Traffic Safety Administration and the 
                    public, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2010

Mr. Rockefeller (for himself, Mr. Pryor, Mrs. Boxer, Ms. Cantwell,  Mr. 
  lautenberg, Ms. Klobuchar, Mr. Begich, and Mr. Udall of New Mexico) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, to establish new automobile 
    safety standards, make better motor vehicle safety information 
available to the National Highway Traffic Safety Administration and the 
                    public, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Motor Vehicle 
Safety Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
           TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS

Sec. 101. NHTSA electronics, software, and engineering expertise.
Sec. 102. Vehicle stopping distance and brake override standard.
Sec. 103. Pedal placement standard.
Sec. 104. Electronic systems performance standard.
Sec. 105. Keyless ignition systems standard.
Sec. 106. Transmission configuration standard.
Sec. 107. Vehicle event data recorders.
                 TITLE II--ENHANCED SAFETY AUTHORITIES

Sec. 201. Civil penalties.
Sec. 202. Imminent hazard authority.
               TITLE III--TRANSPARENCY AND ACCOUNTABILITY

Sec. 301. Public availability of early warning data.
Sec. 302. Improved NHTSA vehicle safety database.
Sec. 303. Consumer notice of software updates and other communications 
                            with dealers.
Sec. 304. Promotion of vehicle defect reporting.
Sec. 305. NHTSA hotline for manufacturer, dealer, and mechanic 
                            personnel.
Sec. 306. Whistleblower protections for motor vehicle manufacturer, 
                            part supplier, and dealership employees.
Sec. 307. Corporate responsibility for NHTSA reports.
Sec. 308. Anti-revolving door.
Sec. 309. Deadlines for rulemaking.
                           TITLE IV--FUNDING

Sec. 401. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Passenger vehicle.--The term ``passenger vehicle'' 
        means a motor vehicle (as defined in section 30102(a)(6) of 
        title 49, United States Code), other than a motorcycle or 
        trailer, that is rated at less than 10,000 pounds gross 
        vehicular weight.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation, acting through the Administrator of the 
        National Highway Traffic Safety Administration.

           TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS

SEC. 101. NHTSA ELECTRONICS, SOFTWARE, AND ENGINEERING EXPERTISE.

    (a) Center for Vehicle Electronics, Vehicle Software, and Emerging 
Technologies.--The Secretary shall establish, within the National 
Highway Traffic Safety Administration, a Center for Vehicle 
Electronics, Vehicle Software, and Emerging Technologies to build, 
integrate, and aggregate the agency's expertise in vehicle electronics 
and other new and emerging technologies. The center shall coordinate 
with all components of the agency responsible for vehicle safety, 
including research and development, rulemaking, and defects 
investigation.
    (b) Honors Recruitment Program.--The Secretary shall establish, 
within the National Highway Traffic Safety Administration, an honors 
program for engineering students, computer science students, and other 
students interested in vehicle safety that will enable them to train 
with engineers and other safety officials for a career in vehicle 
safety. The Secretary is authorized to provide a stipend to students 
during their participation in the program.

SEC. 102. VEHICLE STOPPING DISTANCE AND BRAKE OVERRIDE STANDARD.

    (a) Unintended Acceleration.--The Secretary shall initiate a 
rulemaking proceeding to prescribe a Federal motor vehicle safety 
standard that would prevent unintended acceleration in passenger 
vehicles. The standard--
            (1) shall require manufacturers of passenger vehicles to 
        equip the vehicles with a technology or mechanism that enables 
        a driver to bring a vehicle safely to a full stop within a 
        specified distance, to be determined by the Secretary according 
        to the speed, size, and weight of the vehicle, by normal 
        braking pressure even if the vehicle is operating 
        simultaneously at open throttle;
            (2) may permit compliance through a smart pedal system that 
        requires brake pedal input, after a period of time, to override 
        the input signal from the accelerator pedal and other 
        functions, in order to safely control the vehicle;
            (3) shall require that redundant circuits or other 
        mechanisms be built into accelerator control systems, including 
        systems controlled by electronic throttle, to maintain vehicle 
        control in the event of failure of the primary circuit or 
        mechanism; and
            (4) may permit vehicles to incorporate a means by which the 
        driver would be able to temporarily disengage the function 
        required under paragraph (1) to facilitate operations, such as 
        maneuvering trailers, that may require the simultaneous 
        operation of brake and accelerator.
    (b) Deadline.--The Secretary shall issue a final rule under 
subsection (a) within 1 year after the date of enactment of this Act.
    (c) Lead-Time.--The standard prescribed under subsection (a) shall 
provide not more than 2 model years of regulatory lead-time.

SEC. 103. PEDAL PLACEMENT STANDARD.

    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to prescribe a Federal motor vehicle safety standard that 
would prevent potential obstruction of pedal movement in passenger 
vehicles by establishing minimum clearances for passenger vehicle foot 
pedals with respect to other pedals, the vehicle floor (including 
aftermarket floor coverings), and any other potential obstruction to 
pedal movement, taking into account various pedal mounting 
configurations.
    (b) Deadline.--The Secretary shall issue a final rule under 
subsection (a) within 2 years after the date of enactment of this Act.
    (c) Combined Rulemaking.--If appropriate, the Secretary may combine 
the rulemaking proceeding required by subsection (a) with the 
rulemaking proceeding required by section 102.
    (d) Lead-Time.--The standard prescribed under subsection (a) shall 
provide not more than 2 model years of regulatory lead-time.

SEC. 104. ELECTRONIC SYSTEMS PERFORMANCE STANDARD.

    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to require electronic systems in passenger vehicles to meet 
minimum performance standards. Such a rule may include requirements for 
electronic components, the interaction of those electronic components, 
or the effect of surrounding environments on those electronic systems.
    (b) Deadline.--The Secretary shall issue a final rule under 
subsection (a) within 3 years after the date of enactment of this Act.
    (c) Lead-Time.--The standard prescribed under subsection (a) shall 
provide not more than 2 model years of regulatory lead-time.

SEC. 105. KEYLESS IGNITION SYSTEMS STANDARD.

    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to prescribe a Federal motor vehicle safety standard for 
passenger vehicles with keyless or push-button ignition systems, to 
establish--
            (1) the means by which a driver who may be unfamiliar with 
        the vehicle uses the ignition system to safely bring a vehicle 
        under control during an emergency situation; and
            (2) the appropriate labeling, size, and location of the 
        controls for such systems.
    (b) Deadline.--The Secretary shall issue a final rule under 
subsection (a) within 1 year after the date of enactment of this Act.
    (c) Lead-Time.--The standard prescribed under subsection (a) shall 
provide not more than 2 model years of regulatory lead-time.

SEC. 106. TRANSMISSION CONFIGURATION STANDARD.

    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to prescribe a Federal motor vehicle safety standard for 
passenger vehicles requiring an intuitive configuration and labeling of 
gear shifting controls for drivers, including drivers unfamiliar with 
the vehicle, and that makes the neutral position conspicuous.
    (b) Deadline.--The Secretary shall issue a final rule under 
subsection (a) within 1 year after the date of enactment of this Act.
    (c) Lead-Time.--The standard prescribed under subsection (a) shall 
provide not more than 1 model year of regulatory lead-time.

SEC. 107. VEHICLE EVENT DATA RECORDERS.

    (a) Mandatory Event Data Recorders.--Not later than 60 days after 
the date of enactment of this Act, the Secretary shall require that all 
passenger vehicles be equipped with an event data recorder that meets 
the requirements for such recorders established in part 563 of title 
49, Code of Federal Regulations. The Secretary shall require compliance 
with such requirement for all passenger vehicles manufactured in the 
first model year that is 2 years after the date of enactment of this 
Act.
    (b) Revised Requirements for Event Data Recorders.--The Secretary 
shall initiate a rulemaking proceeding requiring that the event data 
recorders required to be installed in passenger vehicles pursuant to 
subsection (a)--
            (1) be temperature, water, crash, and tamper resistant; and
            (2) continuously record vehicle operational data that can 
        be accessed for retrieval and analysis in accordance with 
        subsections (c) and (d).
    (c) Specifications.--The rule--
            (1) shall require such recorders to record, for a 
        reasonable time before, during, and after a crash or airbag 
        deployment, information that includes engine performance, 
        steering, braking, acceleration, vehicle speed, seat belt use, 
        and airbag deployment level, deactivation status, deployment 
        time, and deployment stage, and may require such recorders to 
        record other data, such as data related to vehicle rollovers, 
        as the Secretary considers appropriate;
            (2) shall require such recorders to record data for at 
        least 60 seconds prior to, and 15 seconds after, a crash or 
        airbag deployment;
            (3) may require such recorders to capture certain events 
        such as rapid deceleration, full-throttle acceleration lasting 
        more than 15 seconds, and full braking lasting more than 10 
        seconds, even if there is not a crash or airbag deployment;
            (4) may not require information recorded or transmitted by 
        such data recorders to include the vehicle's location;
            (5) shall require that data stored on such recorders be 
        accessible, regardless of vehicle manufacturer or model, with 
        commercially available equipment; and
            (6) shall specify data format requirements and other 
        requirements, and shall require an interoperable data access 
        port to facilitate universal accessibility and analysis.
    (d) Limitations on Information Retrieval.--
            (1) Ownership of data.--The rule issued under subsection 
        (b) shall provide that any data in a data recorder required 
        under the rule is the property of the owner or lessee of the 
        motor vehicle in which the data recorder is installed.
            (2) Privacy.--The rule issued under subsection (b) shall 
        provide that information recorded or transmitted by such a data 
        recorder may not be retrieved by a person other than the owner 
        or lessee of the motor vehicle in which the recorder is 
        installed unless--
                    (A) a court authorizes retrieval of the information 
                in furtherance of a legal proceeding;
                    (B) the owner or lessee consents to the retrieval 
                of the information for any purpose, including the 
                purpose of diagnosing, servicing, or repairing the 
                motor vehicle; or
                    (C) the information is retrieved by a Government 
                motor vehicle safety agency for the purpose of 
                improving motor vehicle safety if the personally 
                identifiable information of the owner, lessee, or 
                driver of the vehicle and the vehicle identification 
                number is not disclosed in connection with the 
                retrieved information.
    (e) Disclosure of Existence and Purpose of Event Data Recorder.--
The rule issued under subsection (b) shall provide that any owner's 
manual or similar documentation provided to the first purchaser of a 
passenger vehicle for purposes other than resale shall disclose that 
the vehicle is equipped with such a data recorder and explain the 
purpose of the recorder.
    (f) Access to Event Data Recorders in Defect Investigations.--
Section 30166(c)(3)(C) of title 49, United States Code, is amended by 
inserting ``, including any electronic data contained within the 
vehicle's diagnostic system or event data recorder'' after 
``equipment''.
    (g) Deadline for Rulemaking.--The Secretary shall issue a final 
rule under subsection (b) not later than 3 years after the date of 
enactment of this Act.
    (h) Lead-Time.--The rule issued under subsection (b) shall take 
effect beginning with passenger vehicles manufactured in the first 
model year that is 2 years after the date on which a final rule is 
issued under this section.

                 TITLE II--ENHANCED SAFETY AUTHORITIES

SEC. 201. CIVIL PENALTIES.

    Section 30165 of title 49, United States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) in the first sentence by striking ``$5,000''and 
                inserting ``$25,000''; and
                    (B) by striking the third sentence; and
            (2) in subsection (a)(3)--
                    (A) in the second sentence by striking ``$5,000'' 
                and inserting ``$25,000''; and
                    (B) by striking the third sentence.

SEC. 202. IMMINENT HAZARD AUTHORITY.

    (a) In General.--Section 30118(b) of title 49, United States Code, 
is amended by adding at the end the following:
            ``(3) Imminent hazards.--
                    ``(A) Orders.--Notwithstanding the procedures set 
                forth in paragraphs (1) and (2), if the Secretary 
                decides that a motor vehicle or an item of motor 
                vehicle replacement equipment is not compliant with a 
                motor vehicle safety standard or contains a defect 
                related to motor vehicle safety and presents an 
                imminent hazard to public safety that may result in 
                death or serious bodily harm, the Secretary--
                            ``(i) shall notify the manufacturer of the 
                        motor vehicle or replacement equipment of the 
                        decision that the vehicle or equipment poses an 
                        imminent safety hazard to the public and the 
                        basis for that decision;
                            ``(ii) may order the manufacturer and any 
                        person having a legal relationship with the 
                        manufacturer, including dealers and 
                        distributors, to stop any further production, 
                        sale, offer for sale, lease, offer for lease, 
                        distribution, the introduction or delivery for 
                        introduction in interstate commerce, or 
                        importation into the United States of that 
                        motor vehicle or item of replacement equipment; 
                        and
                            ``(iii) may order the manufacturer and any 
                        person having a legal relationship with the 
                        manufacturer, including dealers and 
                        distributors, to notify purchasers of the 
                        vehicle or item of replacement equipment of the 
                        Secretary's decision that the vehicle or the 
                        item of replacement equipment poses an imminent 
                        safety hazard and provide the purchaser of such 
                        vehicle or item of replacement equipment with 
                        information explaining the safety risk and 
                        actions the purchasers can take to reduce that 
                        risk.''.
    (b) Judicial Review of Recall Orders.--Section 30161 of title 49, 
United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``A person'' and inserting ``(1) A 
                person''; and
                    (B) by adding at the end the following:
    ``(2) A person adversely affected by an order issued under section 
30118 may apply for review of the order by filing a petition for review 
in court of appeals of the United States for the circuit in which the 
person resides or has its principal place of business or the United 
States Court of Appeals for the District of Columbia Circuit. The 
petition must be filed not later than 59 days after the order is 
issued.''; and
            (2) by adding at the end the following:
    ``(f) Availability of Review.--An action of the Secretary with 
respect to which review could have been obtained under subsection 
(a)(2) shall not be subject to judicial review in a civil action for 
enforcement.''.

               TITLE III--TRANSPARENCY AND ACCOUNTABILITY

SEC. 301. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

    (a) In General.--Section 30166(m) of title 49, United States Code, 
is amended by--
            (1) in paragraph (3)(A) by striking clause (ii) and 
        inserting the following:
                            ``(ii) customer satisfaction campaigns, 
                        customer advisories, recalls, consumer 
                        complaints, warranty claims, field reports, 
                        dealer communications, or other information 
                        involving the repair or replacement of, or 
                        software upgrades for, motor vehicles or motor 
                        vehicle equipment.''; and
            (2) in paragraph (4), by striking subparagraph (C) and 
        inserting the following:
                    ``(C) Disclosure.--The information provided to the 
                Secretary pursuant to this subsection shall be 
                disclosed publicly unless exempt from disclosure under 
                section 552(b) of title 5.''.
    (b) Regulations.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall issue regulations 
establishing categories of information provided to the Secretary 
pursuant to this subsection that must be made available to the public. 
The Secretary may also establish categories of information that may be 
withheld from public disclosure under paragraphs (4) and (6) of section 
552(b) of title 5, United States Code.
    (c) Consultation.--In conducting the rulemaking required under 
subsection (a), the Secretary shall consult with the Director of the 
Office of Government Information Services within the National Archives 
and the Director of the Office of Information Policy of the Department 
of Justice.
    (d) Presumption and Limitation.--The Secretary shall issue the 
regulations with a presumption in favor of maximum public availability 
of information. The following types of information shall not be 
eligible for protection under section 552(b) of title 5, United States 
Code, and shall not be withheld from public disclosure:
            (1) Production information regarding passenger vehicles, 
        information on incidents involving death or injury, and numbers 
        of property damage claims.
            (2) Aggregated numbers of consumer complaints.
    (e) Nullification of Prior Regulations.--Beginning 2 years after 
the date of the enactment of this Act, the regulations establishing 
early warning reporting class determinations in Appendix C of section 
512 of title 49, Code of Federal Regulations, shall have no force or 
effect.

SEC. 302. IMPROVED NHTSA VEHICLE SAFETY DATABASE.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary shall improve public accessibility 
to information on the National Highway Traffic Safety Administration's 
publicly accessible vehicle safety databases by--
            (1) improving organization and functionality, including 
        design features such as dropdown menus, and allowing for data 
        to be searched, aggregated, and downloaded;
            (2) providing greater consistency in presentation of 
        vehicle safety issues; and
            (3) improving searchability about specific vehicles and 
        issues through standardization of commonly used search terms.
    (b) Vehicle Recall Information.--The Secretary shall require that 
motor vehicle recall information be made available to consumers on the 
Internet, searchable by vehicle identification number in a format that 
preserves consumer privacy. The Secretary may initiate a rulemaking 
proceeding to require that such information be available on 
manufacturer Web sites or through other reasonable means.

SEC. 303. CONSUMER NOTICE OF SOFTWARE UPDATES AND OTHER COMMUNICATIONS 
              WITH DEALERS.

    (a) Internet Accessibility.--Section 30166(f) of title 49, United 
States Code, is amended--
            (1) by inserting ``, and make available on a publicly 
        accessible Internet website,'' after ``Secretary of 
        Transportation''; and
            (2) by adding at the end the following: ``Communications 
        submitted to the Secretary and required to be published on a 
        manufacturer's Internet website shall include all notices to 
        dealerships of software upgrades and modifications recommended 
        by a manufacturer for all previously sold vehicles. Notice is 
        required even if the software upgrade or modification is not 
        related to a safety defect or noncompliance with a motor 
        vehicle safety standard. The notice shall include a plain 
        language description of the purpose of the update and that 
        description shall be prominently placed at the beginning of the 
        notice.''.

SEC. 304. PROMOTION OF VEHICLE DEFECT REPORTING.

    Section 32302 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Motor Vehicle Defect Reporting Information.--
            ``(1) Rulemaking required.--Within 1 year after the date of 
        enactment of the Motor Vehicle Safety Act of 2010 the Secretary 
        shall prescribe regulations that require passenger motor 
        vehicle manufacturers to affix, in the glove compartment or in 
        another readily accessible location on the vehicle, a sticker, 
        decal, or other device that provides, in simple and 
        understandable language, information about how to submit a 
        safety-related motor vehicle defect complaint with the National 
        Highway Traffic Safety Administration. The Secretary shall 
        require the same information to be prominently printed on a 
        separate page within the owner's manual. The information may 
        not be placed on the label required by section 3 of the 
        Automobile Information Disclosure Act (15 U.S.C. 1232).
            ``(2) Application.--The requirements established under 
        paragraph (1) shall apply to passenger motor vehicles 
        manufactured in model years beginning more than 1 year after 
        the date on which a final rule is published under that 
        paragraph.''.

SEC. 305. NHTSA HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC 
              PERSONNEL.

    The Secretary shall--
            (1) establish a means by which mechanics, passenger vehicle 
        dealership personnel, and passenger vehicle manufacturer 
        personnel may contact the National Highway Traffic Safety 
        Administration directly and confidentially regarding potential 
        passenger vehicle safety defects; and
            (2) publicize the means for contacting the National Highway 
        Traffic Safety Administration in a manner that targets 
        mechanics, passenger vehicle dealership personnel, and 
        manufacturer personnel.

SEC. 306. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE MANUFACTURER, 
              PART SUPPLIER, AND DEALERSHIP EMPLOYEES.

    (a) In General.--Subchapter IV of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 30171. Protection of employees providing motor vehicle safety 
              information
    ``(a) Discrimination Against Employees of Manufacturers, Part 
Suppliers, and Dealerships.--No motor vehicle manufacturer, part 
supplier, or dealership may discharge an employee or otherwise 
discriminate against an employee with respect to compensation, terms, 
conditions, or privileges of employment because the employee (or any 
person acting pursuant to a request of the employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide (with any knowledge of the employer) or cause to be 
        provided to the employer or the Secretary information relating 
        to any motor vehicle defect or any violation or alleged 
        violation of any notification or reporting requirement of this 
        chapter;
            ``(2) has filed, caused to be filed, or is about to file 
        (with any knowledge of the employer) or cause to be filed a 
        proceeding relating to any violation or alleged violation of 
        any motor vehicle defect or any violation or alleged violation 
        of any notification or reporting requirement of this chapter;
            ``(3) testified or is about to testify in such a 
        proceeding; or
            ``(4) assisted or participated or is about to assist or 
        participate in such a proceeding.
    ``(b) Complaint Procedure.--
            ``(1) Filing and notification.--A person who believes that 
        he or she has been discharged or otherwise discriminated 
        against by any person in violation of subsection (a) may, not 
        later than 180 days after the date on which such violation 
        occurs, file (or have any person file on his or her behalf) a 
        complaint with the Secretary of Transportation alleging such 
        discharge or discrimination. Upon receipt of such a complaint, 
        the Secretary shall notify, in writing, the person named in the 
        complaint of the filing of the complaint, of the allegations 
        contained in the complaint, of the substance of evidence 
        supporting the complaint, and of the opportunities that will be 
        afforded to such person under paragraph (2).
            ``(2) Investigation; preliminary order.--
                    ``(A) In general.--Not later than 60 days after the 
                date of receipt of a complaint filed under paragraph 
                (1) and after affording the person named in the 
                complaint an opportunity to submit to the Secretary a 
                written response to the complaint and an opportunity to 
                meet with a representative of the Secretary to present 
                statements from witnesses, the Secretary shall conduct 
                an investigation and determine whether there is 
                reasonable cause to believe that the complaint has 
                merit and notify, in writing, the complainant and the 
                person alleged to have committed a violation of 
                subsection (a) of the Secretary's findings. If the 
                Secretary concludes that there is a reasonable cause to 
                believe that a violation of subsection (a) has 
                occurred, the Secretary shall accompany the Secretary's 
                findings with a preliminary order providing the relief 
                prescribed by paragraph (3)(B). Not later than 30 days 
                after the date of notification of findings under this 
                paragraph, either the person alleged to have committed 
                the violation or the complainant may file objections to 
                the findings or preliminary order, or both, and request 
                a hearing on the record. The filing of such objections 
                shall not operate to stay any reinstatement remedy 
                contained in the preliminary order. Such hearings shall 
                be conducted expeditiously. If a hearing is not 
                requested in such 30-day period, the preliminary order 
                shall be deemed a final order that is not subject to 
                judicial review.
                    ``(B) Requirements.--
                            ``(i) Required showing by complainant.--The 
                        Secretary shall dismiss a complaint filed under 
                        this subsection and shall not conduct an 
                        investigation otherwise required under 
                        subparagraph (A) unless the complainant makes a 
                        prima facie showing that any behavior described 
                        in paragraphs (1) through (4) of subsection (a) 
                        was a contributing factor in the unfavorable 
                        personnel action alleged in the complaint.
                            ``(ii) Showing by employer.--
                        Notwithstanding a finding by the Secretary that 
                        the complainant has made the showing required 
                        under clause (i), no investigation otherwise 
                        required under subparagraph (A) shall be 
                        conducted if the employer demonstrates, by 
                        clear and convincing evidence, that the 
                        employer would have taken the same unfavorable 
                        personnel action in the absence of that 
                        behavior.
                            ``(iii) Criteria for determination by 
                        secretary.--The Secretary may determine that a 
                        violation of subsection (a) has occurred only 
                        if the complainant demonstrates that any 
                        behavior described in paragraphs (1) through 
                        (4) of subsection (a) was a contributing factor 
                        in the unfavorable personnel action alleged in 
                        the complaint.
                            ``(iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (A) if the employer 
                        demonstrates by clear and convincing evidence 
                        that the employer would have taken the same 
                        unfavorable personnel action in the absence of 
                        that behavior.
            ``(3) Final order.--
                    ``(A) Deadline for issuance; settlement 
                agreements.--Not later than 120 days after the date of 
                conclusion of a hearing under paragraph (2), the 
                Secretary shall issue a final order providing the 
                relief prescribed by this paragraph or denying the 
                complaint. At any time before issuance of a final 
                order, a proceeding under this subsection may be 
                terminated on the basis of a settlement agreement 
                entered into by the Secretary, the complainant, and the 
                person alleged to have committed the violation.
                    ``(B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary determines that a 
                violation of subsection (a) has occurred, the Secretary 
                shall order the person who committed such violation--
                            ``(i) to take affirmative action to abate 
                        the violation;
                            ``(ii) to reinstate the complainant to his 
                        or her former position together with the 
                        compensation (including back pay) and restore 
                        the terms, conditions, and privileges 
                        associated with his or her employment; and
                            ``(iii) to provide compensatory damages to 
                        the complainant.
                If such an order is issued under this paragraph, the 
                Secretary, at the request of the complainant, shall 
                assess against the person against whom the order is 
                issued a sum equal to the aggregate amount of all costs 
                and expenses (including attorneys' and expert witness 
                fees) reasonably incurred, as determined by the 
                Secretary, by the complainant for, or in connection 
                with, the bringing the complaint upon which the order 
                was issued.
                    ``(C) Frivolous complaints.--If the Secretary finds 
                that a complaint under paragraph (1) is frivolous or 
                has been brought in bad faith, the Secretary may award 
                to the prevailing employer a reasonable attorney's fee 
                not exceeding $1,000.
            ``(4) Review.--
                    ``(A) Appeal to court of appeals.--Any person 
                adversely affected or aggrieved by an order issued 
                under paragraph (3) may obtain review of the order in 
                the United States Court of Appeals for the circuit in 
                which the violation, with respect to which the order 
                was issued, allegedly occurred or the circuit in which 
                the complainant resided on the date of such violation. 
                The petition for review shall be filed not later than 
                60 days after the date of the issuance of the final 
                order of the Secretary. Review shall conform to chapter 
                7 of title 5. The commencement of proceedings under 
                this subparagraph shall not, unless ordered by the 
                court, operate as a stay of the order.
                    ``(B) Limitation on collateral attack.--An order of 
                the Secretary with respect to which review could have 
                been obtained under subparagraph (A) shall not be 
                subject to judicial review in any criminal or other 
                civil proceeding.
            ``(5) Enforcement of order by secretary.--Whenever any 
        person has failed to comply with an order issued under 
        paragraph (3), the Secretary may file a civil action in the 
        United States district court for the district in which the 
        violation was found to occur to enforce such order. In actions 
        brought under this paragraph, the district courts shall have 
        jurisdiction to grant all appropriate relief including, but not 
        limited to, injunctive relief and compensatory damages.
            ``(6) Enforcement of order by parties.--
                    ``(A) Commencement of action.--A person on whose 
                behalf an order was issued under paragraph (3) may 
                commence a civil action against the person to whom such 
                order was issued to require compliance with such order. 
                The appropriate United States district court shall have 
                jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, to 
                enforce such order.
                    ``(B) Attorney fees.--The court, in issuing any 
                final order under this paragraph, may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party whenever the court 
                determines such award is appropriate.
    ``(c) Mandamus.--Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 
1361 of title 28.
    ``(d) Nonapplicability to Deliberate Violations.--Subsection (a) 
shall not apply with respect to an employee of a motor vehicle 
manufacturer, part supplier, or dealership who, acting without 
direction from such motor vehicle manufacturer, part supplier, or 
dealership (or such person's agent), deliberately causes a violation of 
any requirement relating to motor vehicle safety under this chapter.''.
    (b) Conforming Amendment.--The table of sections for chapter 301 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 30170 the following:

``30171. Protection of employees providing motor vehicle safety 
                            information''.

SEC. 307. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.

    (a) In General.--Section 30166 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(o) Corporate Responsibility for Reports.--The Secretary shall 
require for each company submitting information to the Secretary in 
response to a preliminary safety investigation, or in response to an 
official safety investigation under this chapter, that the principal 
executive officer or officers residing in the United States certify 
that--
            ``(1) the signing officer has reviewed the submission; and
            ``(2) based on the officer's knowledge, the submission does 
        not contain any untrue statement of a material fact or omit to 
        state a material fact necessary in order to make the statements 
        made, in light of the circumstances under which such statements 
        were made, not misleading.''.
    (b) Penalties.--
            (1) Civil penalty.--Section 30165(a) of title 49, United 
        States Code, is amended--
                    (A) by striking ``A person'' in paragraph (3) and 
                inserting ``Except as provided in paragraph (4), a 
                person''; and
                    (B) by adding at the end thereof the following:
            ``(4) False, misleading or incomplete reports.--A person 
        who knowingly and willfully submits materially false, 
        misleading, or incomplete information to the Secretary, after 
        certifying the same information as accurate and complete under 
        the certification process established pursuant to section 
        30166(o), shall be subject to a civil penalty of not more than 
        $50,000 per day. The maximum penalty under this paragraph for a 
        related series of daily violations is $250,000,000.''.
            (2) Criminal penalty.--Section 30170 of title 49, United 
        States Code, is amended--
                    (A) by redesignating paragraphs (1) and (2) of 
                subsection (a) as paragraphs (2) and (3), respectively, 
                and by inserting before paragraph (2) the following:
            ``(1) Submitting misleading information to the secretary.--
        A person who violates section 1001 of title 18 with respect to 
        the reporting requirements of section 30118, 30119, or 30166, 
        with the specific intent of misleading the Secretary with 
        respect to motor vehicle or motor vehicle equipment safety 
        related defects shall, in addition to the penalties imposed 
        under title 18, be subject to imprisonment for not more than an 
        additional 12 months.'';
                    (B) by striking the heading for paragraph (2), as 
                redesignated, of subsection (a) and inserting the 
                following:
            ``(2) Submitting misleading information to the secretary 
        that leads to death or serious injury.--''; and
                    (C) by striking subparagraph (A) of paragraph (3), 
                as redesignated, of subsection (a) and inserting the 
                following:
                    ``(A) Correction.--A person described in paragraph 
                (1) or (2) shall not be subject to criminal penalties 
                under this subsection if--
                            ``(i) the person corrects any improper 
                        reports or failure to report within a 
                        reasonable time; and
                            ``(ii) in the case of a person described in 
                        paragraph (2), at the time of the violation, 
                        such person does not know that the violation 
                        would result in an accident causing death or 
                        serious bodily injury.''.

SEC. 308. ANTI-REVOLVING DOOR.

    (a) Professional Responsibility Integrity Period.--
            (1) In general.--Subchapter I of chapter 301 of title 49, 
        United States Code, is amended by adding at the end the 
        following:
``30107. Restriction on certain employment activities.
    ``(a) NHTSA Employees.--
            ``(1) In general.--A individual to whom this subsection 
        applies who is employed by the National Highway Traffic Safety 
        Administration may not commence employment with, or otherwise 
        advise, provide assistance to, or represent for compensation, a 
        manufacturer or other person subject to regulation under this 
        chapter during the 36-month period commencing upon that 
        individual's termination of employment with the National 
        Highway Traffic Safety Administration if such employment, 
        advice, assistance, or representation involves--
                    ``(A) written or oral communication with the 
                National Highway Traffic Safety Administration on any 
                matter relating to compliance with the requirements of 
                this chapter on behalf of the manufacturer or person;
                    ``(B) representing or advising a manufacturer with 
                respect to a motor vehicle safety or fuel economy 
                issue, including any defect related to motor vehicle 
                safety, compliance with a motor vehicle safety 
                standard, or compliance with an average fuel economy 
                standard prescribed under chapter 329 of this title; or
                    ``(C) assisting a manufacturer in responding to a 
                request for information from the National Highway 
                Traffic Safety Administration.
            ``(2) Application.--
                    ``(A) In general.--This subsection applies to any 
                individual--
                            ``(i) to whom section 207(c) or (d) of 
                        title 18 applies; or
                            ``(ii) whose responsibilities during his or 
                        her last 12 months of employment at the 
                        National Highway Traffic Safety Administration 
                        included administrative, managerial, 
                        supervisory, legal, or senior technical 
                        responsibility for any motor vehicle safety-
                        related program or activity.
            ``(2) Safe harbor.--This subsection does not apply to any 
        individual employed by a manufacturer or other person subject 
        to regulation under this chapter as of the date of enactment of 
        the Motor Vehicle Safety Act of 2010.
    ``(b) Manufacturers.--It is unlawful for any manufacturer or other 
person subject to regulation under this chapter to employ or contract 
for the services of an individual to whom subsection (a) applies during 
the 36-month period commencing on the individual's termination of 
employment with the National Highway Traffic Safety Administration in a 
capacity in which the individual is prohibited from serving during that 
period.''.
            (2) Civil penalty.--Section 30165(a) of title 49, United 
        States Code, as amended by section 307, is further amended by 
        adding at the end the following:
            ``(5) Section 30107.--An individual who violates section 
        30107(a) is liable to the United States Government for a civil 
        penalty as determined under section 216(b) of title 18 for an 
        offense under section 207 of that title. A manufacturer or 
        other person subject to regulation under this chapter who 
        violates section 30107(b) is liable to the United States 
        Government for a civil penalty of the sum of--
                    ``(A) an amount equal to not less than $100,000; 
                and
                    ``(B) an amount equal to 90 percent of the annual 
                compensation or fee paid or payable to the individual 
                with respect to whom the violation occurred.''.
            (3) Conforming amendment.--The table of contents for 
        chapter 301 of title 49, United States Code, is amended by 
        inserting after the item relating to section 30106 the 
        following:

``30107. Restriction on certain employment activities''.
    (b) Study of Department of Transportation Policies on Official 
Communication With Former Motor Vehicle Safety Issue Employees.--Within 
1 year after the date of enactment of this Act the Department of 
Transportation Inspector General shall--
            (1) review the Department's policies and procedures 
        applicable to official communication with former employees 
        concerning motor vehicle safety compliance matters for which 
        they had responsibility during the last 12 months of their 
        tenure at the Department, including any limitations on the 
        ability of such employees to submit comments, or otherwise 
        communicate directly with the Department, on motor vehicle 
        safety issues; and
            (2) submit a report to the Senate Committee on Commerce, 
        Science, and Transportation and the House of Representatives 
        Committee on Energy and Commerce containing the Inspector 
        General's findings, conclusions, and recommendations for 
        strengthening those policies and procedures to minimize the 
        risk of undue influence without compromising the ability of the 
        Department to employ and retain highly qualified individuals 
        for such responsibilities.
    (c) Post-Employment Policy Study.--
            (1) In general.--The Department of Transportation Inspector 
        General shall conduct a study of the Department's policies 
        relating to post-employment restrictions on employees who 
        perform functions related to transportation safety.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Inspector General shall submit a 
        report containing the results of the study conducted under 
        paragraph (1) to--
                    (A) the Senate Committee on Commerce, Science, and 
                Transportation;
                    (B) the House of Representatives Committee on 
                Energy and Commerce; and
                    (C) the Secretary of Transportation.
            (3) Use of results.--The Secretary of transportation shall 
        review the results of the study and take whatever action the 
        Secretary determines to be appropriate.

SEC. 309. DEADLINES FOR RULEMAKING.

    If the Secretary determines that a deadline for a final rule under 
this Act or an amendment made by this Act cannot be met, the Secretary 
shall--
            (1) notify the Committee on Energy and Commerce of the 
        House of Representatives and the Senate Committee on Commerce, 
        Science, and Transportation and explain why that deadline 
        cannot be met; and
            (2) establish a new deadline for that rule.

                           TITLE IV--FUNDING

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    Section 30104 of title 49, United States Code, is amended--
            (1) by striking ``$98,313,500''; and
            (2) by striking ``in each fiscal year beginning'' and all 
        that follows and inserting ``and to carry out the Motor Vehicle 
        Safety Act of 2010--
            ``(1) $200,000,000 for fiscal year 2011;
            ``(2) $240,000,000 for fiscal year 2012; and
            ``(3) $280,000,000 for fiscal year 2013.''.
                                 <all>