[Senate Report 112-261]
[From the U.S. Government Publishing Office]
Calendar No. 548
112th Congress Report
SENATE
2d Session 112-261
_______________________________________________________________________
MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2011
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1449
December 21, 2012.--Ordered to be printed
------------
U.S. GOVERNMENT PRINTING OFFICE
29-010 WASHINGTON : 2012
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred twelfth congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii\1\ KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico MARCO RUBIO, Florida
MARK WARNER, Virginia KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska DEAN HELLER, Nevada
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
John Williams, General Counsel
Richard Russell, Republican Staff Director
David Quinalty, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
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\1\The late Senator Inouye served on the Committee until his death on
December 17, 2012.
Calendar No. 548
112th Congress Report
SENATE
2d Session 112-261
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MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2011
_______
December 21, 2012.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1449]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1449) to authorize the
appropriation of funds for highway safety programs and for
other purposes, having considered the same, reports favorably
thereon with an amendment (in the nature of a substitute) and
recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1449, the Motor Vehicle and Highway Safety
Improvement Act of 2011, is to reauthorize and update the
highway safety programs of the National Highway Traffic Safety
Administration (NHTSA), enhance NHTSA's safety authorities,
increase transparency and accountability in auto safety, and
improve vehicle safety standards.
Background and Needs
NHTSA has two core missions: highway safety and vehicle
safety.
The highway safety mission consists of safety and research
programs designed to decrease vehicle deaths and injuries by
changing driver behavior regarding seat belt use, drunk
driving, speeding, motorcycle safety, distracted driving, use
of child restraints, and several other areas. NHTSA addresses
driver behavior with safety grants to States that enact certain
laws or carry out enforcement activities, such as police
patrols. NHTSA conducts national advertising campaigns related
to seat belts and drunk driving as part of its coordination
with the States. The ``Click It or Ticket'' and ``Over the
Limit. Under Arrest'' campaigns are two examples. NHTSA
conducts research on driver behavior safety concerns, such as
impaired driving, distracted driving, teen driving, and the
emerging problem of older drivers now that the baby boomers
have begun to retire. These programs and grants are funded
through the Highway Trust Fund (HTF). In 2011, $740 million was
allocated for these purposes.
In its vehicle safety mission, NHTSA establishes Federal
Motor Vehicle Safety Standards (FMVSS) that all passenger
vehicles must meet. NHTSA also is responsible for ensuring
compliance with those safety standards, investigating possible
vehicle safety defects, working with automakers to recall
vehicles that are non-compliant or that contain safety defects,
and conducting vehicle safety research. The vehicle safety
programs are funded through annual appropriations. These funds
have remained steady at approximately $140 million for about a
decade.
In 2005, Congress enacted the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU, 119 Stat. 1144), a reauthorization of Federal
highway programs, including NHTSA's highway and vehicle safety
programs. This authorization expired in September 2009, and has
been extended several times. The most recent extension expired
on March 31, 2012.
HIGHWAY SAFETY PROGRAMS
In 1956, Congress passed the Highway Revenue Act of 1956 (70
Stat. 387), which established the HTF to help finance the
construction of the interstate highway system. Federal motor
fuel taxes provide most of the money for the HTF. Using funds
from the HTF, Congress created incentive programs that provide
grants to States for passing certain safety laws or
establishing enforcement, education, and awareness campaigns
about safety issues. These incentive programs were last
modified and renewed in 2005 under SAFETEA-LU.
The largest proportion of the highway safety program is
contained within section 402 of title 23 of the United States
Code. This formula grant, which is distributed based on
population and vehicle miles traveled within each State,
provided $235 million to the States in 2011 for a range of
programs. To qualify for the highway safety grant funding, each
State must have a highway safety program approved by the
Secretary of Transportation (Secretary) that is designed to
reduce traffic crashes and the resulting deaths, injuries, and
property damage.
In addition to the section 402 grant program, NHTSA
administers several State grant programs that are focused on
particular areas of highway safety. Three of these programs
focus on vehicle occupant protection. Section 405 of title 23
of the United States Code establishes occupant protection
incentive grants. States are eligible for these grants if they
meet criteria relating to seat belt laws, enforcement, and
education programs. In 2011, 39 States, the District of
Columbia (D.C.), Puerto Rico, and 4 other territories qualified
for $25 million in grants under this program. These funds can
only be used for the purpose of improving occupant protection
in the State. Section 406 provides grants to States that enact
laws establishing primary enforcement of seat belt laws. A
primary enforcement law permits police to stop and cite a
motorist for a violation. A secondary enforcement law requires
that the police have another reason to stop and cite a motorist
before they are allowed to cite the individual for the
secondary offense. While a number of States qualified for this
grant in previous years, only one State qualified in 2011, and
the funds for this grant program have largely gone unused. A
separate grant program established in SAFETEA-LU provides funds
to States that enact and enforce child restraint and booster
laws. In 2011, 24 States and D.C. qualified for $7 million in
grant funds.
NHTSA also administers grant programs for impaired driving,
motorcycle safety, and State highway safety data systems. A
grant program under section 410 of title 23 of the United
States Code provides funds to States ``that adopt and implement
effective programs to reduce traffic safety problems resulting
from individuals driving while under the influence of
alcohol.'' In 2011, 50 States, D.C., and Puerto Rico qualified
for the $139 million distributed through this grant program.
There is an additional incentive grant established under
SAFETEA-LU that is available to States that promote motorcycle
safety through training and education programs. Forty-eight
States and D.C. qualified for the $7 million of funds under
this program. Finally, a grant program under section 408 of
title 23 of the United States Code is available for States to
improve their highway safety data collection and data systems.
All 50 States, D.C., Puerto Rico and 4 territories qualified
for grants totaling $34.5 million under this program.
In addition to administering highway safety grant programs,
NHTSA conducts highway safety research and development pursuant
to section 403 of title 23. This authority provides funds for
research activities designed to develop effective
countermeasures against dangerous driving behaviors. It funds
the National Center for Statistics and Analysis (NCSA), which
collects and analyzes crash data. NCSA is also responsible for
the Fatality Analysis Reporting System (FARS), the National
Automotive Sampling System (NASS), and the Special Crash
Investigations (SCI), all of which contribute to NHTSA's
understanding of the nature, cause, and injury outcomes of
crashes. In 2011, $108 million was allocated to NHTSA for
highway safety research and development.
In the six years since SAFETEA-LU was signed into law, there
has been ongoing debate about the best way for the Federal
government to improve highway safety nationwide and to push the
States toward strengthening their highway safety programs. In
particular, the debate has focused on the appropriate level of
Federal government control and oversight that should be
exercised over the use of grant funds. Safety advocates and
others have argued that the Federal government should exercise
tight control over spending to ensure that States allocate the
funds appropriately. The States have long argued that they
should be given flexibility to meet the specific safety needs
of their population and, thus, to set the allocations without
excessive Federal involvement. Some consensus has been
developed in recent years that States should work to meet
measurable performance goals and should be held, at least to
some degree, accountable for meeting those goals.
Concerns have also been raised about the large number of
grants and the lack of a coordinated application, distribution,
and reporting system among the various programs within the
highway program. New safety issues have also emerged in recent
years. For instance, there is a growing interest in providing
funding for States to combat distracted driving and improve the
safety of novice drivers.
VEHICLE SAFETY PROGRAMS
NHTSA issues Federal Motor Vehicle Safety Standards (FMVSS)
that require motor vehicle and equipment manufacturers to
design and build safer motor vehicles. For instance, FMVSS 208,
which in 1968 was one of the first standards to go into effect,
requires motor vehicle manufacturers to include front seat
belts and shoulder belts in all passenger vehicles. Since the
late 1960s, a number of FMVSS have been issued. They include
safety standards dealing with crash avoidance (e.g., brakes,
tires, mirrors), crashworthiness (e.g., head restraints, seat
belts, airbags, roof strength), and post-crash survival (e.g.,
fuel system integrity, flammability). The long-term trend of
declining vehicle fatalities has been attributed in part to
continued improvement in these safety standards. In 2008, for
example, an estimated 13,250 lives were saved by seat belts and
2,500 lives were saved by air bags. Other life-saving vehicle
technologies, like electronic stability control, also have
become prominent in vehicle fleets and will be mandated in all
passenger vehicles starting with model year 2012. To comply
with an FMVSS, NHTSA has established a ``self-certification''
process. This requires manufacturers to certify that the
vehicle or equipment item meets all elements of the applicable
FMVSS. The manufacturer must exercise ``reasonable care'' in
issuing a certification of compliance with safety standards.
As part of its vehicle safety mission, NHTSA is also
responsible for identifying motor vehicle safety defects.
Through its Office of Defects Investigation (ODI), the agency
reviews quarterly reports submitted by manufacturers as well as
approximately 30,000 consumer complaints each year. ODI looks
for trends indicating potential safety defects and conducts in-
depth investigations to determine the presence of problems.
When a safety defect is identified, manufacturers are required
to provide vehicle owners with a remedy at no cost.
Additionally, NHTSA has the authority, following a review by
ODI, to issue a mandatory recall. However, the agency generally
relies on manufacturers to conduct voluntary recalls and has
not issued a mandatory recall since 1979. Once a safety recall
is issued, NHTSA oversees compliance and can require the
manufacturer to take particular steps to increase the rate of
such compliance.
If manufacturers fail to comply with self-certification and
compliance obligations or fail to report possible defects,
NHTSA can seek civil penalties against those companies. Under
current law, those penalties are capped at $17.4 million for a
related series of violations.
In 2010, this Committee looked into NHTSA's investigations of
reported sudden unintended acceleration in Toyota vehicles.
While NHTSA found that Toyota had withheld information from the
agency, and thus issued several fines against the company, the
Committee also found that NHTSA lacked the authority,
expertise, and resources to effectively challenge the
assertions of auto companies and to fully investigate possible
defects. Following this investigation, Chairman Rockefeller
introduced the Motor Vehicle Safety Act of 2010 (MVSA), which
would have increased NHTSA's enforcement authorities, required
additional accountability and transparency regarding vehicle
safety, and increased the authorization of funds for NHTSA's
vehicle safety programs. The Committee approved MVSA at an
Executive Session. Many of the provisions of that bill are
included in this legislation.
Summary of Provisions
As amended in Committee, S. 1449 would modernize NHTSA and
reauthorize its highway safety and vehicle safety programs.
Title I of the legislation would reauthorize NHTSA's highway
safety programs and research and development provisions,
consolidate several of the occupant protection grants to
States, streamline the application process for the grants, and
add additional accountability measures. The bill amends the
section 402 grant program, requiring States to submit to NHTSA
plans that establish safety goals across a series of agreed-
upon performance measures (such as fatality rate, impaired
driving fatality rate, seat belt use rate, etc.) and outline
their strategy for achieving those goals. NHTSA could
disapprove a State's plan if, in the judgment of the Secretary,
the State's safety goals are inadequate or the plan, if
implemented, would not allow the State to meet its own goals.
Other grant programs would become similarly performance-based
under the language of the bill. The legislation would
restructure the impaired driving grant program so that States
with the lowest rates of impaired driving fatalities
automatically qualify for grants and have flexibility on how
those grant funds are spent. States with higher fatality rates
would have to meet more criteria in order to qualify for grants
and would face additional NHTSA oversight in the spending of
those grant funds.
The bill would also address emerging safety issues by
creating new grant programs. Section 108 of the bill would
establish a new grant to States that enact strict laws banning
(1) texting by all drivers and (2) the use of electronic
communications devices by teen drivers. Section 112 of the bill
would provide grants to States that enact graduated driver
licensing laws that establish restrictions on novice drivers.
The bill also includes new strategies to address alcohol
impaired driving. In addition to updating the existing impaired
driving grant program, the bill would establish a new grant for
States that enact mandatory ignition interlock laws. Such laws
require installation of interlock devices for all drunk driving
offenders. A separate provision would establish a funding
stream for research into advanced technologies to prevent drunk
driving.
Titles II through VI of the bill include provisions relevant
to NHTSA's vehicle safety programs. These titles would make
changes to NHTSA's authorities as well as manufacturers'
obligations with regard to vehicle safety.
Title II includes a range of provisions that would update and
strengthen NHTSA's enforcement authorities, improve the
agency's ability to control imports of defective motor vehicles
and motor vehicle equipment, and modernize the agency's motor
vehicle research and development capacity. This title would
also increase the existing cap on civil penalties that NHTSA
can seek against a manufacturer from $17.4 million to $250
million.
Title III includes provisions aimed at increasing
transparency at both NHTSA and the auto companies and at
increasing accountability for safety. This title would provide
whistleblower protections for employees in the auto business,
limit the revolving door between NHTSA and industry, and
require that a senior official responsible for safety at a
corporation certify the accuracy of submissions to NHTSA during
safety investigations. Additional provisions in this title
would improve the efficacy of recalls and ensure that bankrupt
manufacturers meet their recall obligations.
Title IV includes provisions intended to strengthen NHTSA's
expertise in advanced technologies and in developing safety
standards for the electronic systems that control modern
vehicles. The Committee's investigations into NHTSA's review of
Toyota vehicles in 2010 revealed that the agency lacks the
resources and capabilities to adequately assess modern
electronics-based vehicles. The title would establish a Council
for Vehicle Electronics, Software, and Engineering Expertise at
NHTSA. The title would require the development of safety
standards in five areas identified during the investigation
into the issue of sudden unintended acceleration in Toyota
vehicles: brake override, pedal placement, electronic systems,
pushbutton ignition, and event data recorders. The title also
includes a provision that would prohibit electronic visual
entertainment in the driver's view.
Title V would require NHTSA to prioritize child safety in its
rulemaking. It includes provisions that would require NHTSA to
update its standards for child safety seats to account for
larger children who are now staying in these seats at higher
weights than NHTSA regulations anticipated, require side impact
tests for child safety seats, and modernize the testing
procedures for frontal impact tests for these seats. It would
further direct NHTSA to consider updating its rules for the
anchor system that holds child seats in place, issue rules
requiring a seat belt reminder system in the rear seat, and
conduct research into possible technological solutions for
alerting caregivers that a child has been left behind in a
vehicle.
Title VI directs NHTSA to issue a rule establishing minimum
standards for the daytime and nighttime visibility of
agricultural equipment operated on public roads.
Legislative History
On July 27, 2011, the Committee held a hearing to consider
draft legislation to reauthorize NHTSA. On July 29, 2011,
Senator Pryor introduced S. 1449, the Motor Vehicle and Highway
Safety Improvement Act of 2011, which was referred to the
Committee for consideration. The bill is co-sponsored by
Chairman Rockefeller and Senators Klobuchar, Udall, Schumer,
and Gillibrand.
On December 14, 2011, in an open Executive Session, the
Committee considered the bill, which was modified by a
substitute amendment. The Committee incorporated numerous
amendments into a managers' package and reported S. 1449
favorably by voice vote.
With modifications, the provisions of S. 1449 were enacted
into law as title I of division C of the Moving Ahead for
Progress in the 21st Century Act (MAP-21, 126 Stat. 732), which
was signed into law on July 6, 2012.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1449--Motor Vehicle and Highway Safety Improvement Act of 2011
Summary: S. 1449 would extend the authority for highway
safety programs administered by the National Highway Traffic
Safety Administration (NHTSA) and amend various laws that
govern those programs. The bill would set the amount of
contract authority (the authority to incur obligations in
advance of appropriations) for NHTSA programs at $747 million
for 2012 and at $756 million for 2013.
Consistent with the rules in the Balanced Budget and
Emergency Deficit Control Act for constructing the baseline,
CBO assumes that funding provided by the bill for 2013, the
last year of the authorization, would continue at the same rate
in each of the following years. Hence, CBO estimates that
enacting the bill would result in baseline contract authority
totaling $8.4 billion over the 2012-2022 period. That funding
level represents an increase of about $1 billion above the
amounts of contract authority for highway safety programs
currently projected in CBO's baseline for the 2012-2022 period.
CBO expects that most spending for the highway safety
programs will continue to be controlled by limits on annual
obligations set in appropriation acts. Consequently, the
changes in contract authority would not increase outlays from
mandatory spending. As a result, CBO estimates that enacting S.
1449 would not affect outlays from direct spending.
Enacting S. 1449 could result in the collection of
additional civil penalties because it would increase the amount
that NHTSA could impose for violations of certain safety
regulations. Penalties are recorded as revenues and deposited
in the U.S. Treasury. As a result, pay-as-you go procedures
apply. However, CBO estimates that such collections would
probably be small, and the effect on revenues would be
insignificant.
The bill would not authorize a limit on obligations for the
contract authority provided in the bill. However, for this
estimate of discretionary outlays, CBO assumes that the
limitation for such programs will equal the amount of contract
authority provided. The obligation limitation for 2012, which
was enacted in the Consolidated and Further Continuing
Appropriations Act, 2012 (Public Law 112-55), was about $87
million less than the amounts estimated to be authorized by S.
1449 for that year. Assuming enactment of the estimated
obligation limitations for 2012 and 2013, CBO estimates that
implementing the bill would cost $843 million over the 2012-
2017 period.
S. 1449 contains intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA) because it would
preempt state laws relating to the safety standards for motor
vehicles established by the bill. While those preemptions would
limit the application of state law, CBO estimates that they
would impose no duty on state, local, or tribal governments
that would result in additional spending.
S. 1449 would impose private-sector mandates by requiring
manufacturers of child safety seats, agricultural equipment,
motor vehicles and vehicle parts to comply with new safety
standards. It also would impose new requirements on importers
of motor vehicles and vehicle parts, as well as car
dealerships. The cost of several of the mandates related to
motor vehicle safety would depend on future regulations.
However, because the requirements would apply to a large number
of vehicles intended for sale in the United States each year,
CBO estimates that the total cost of the mandates would
probably exceed the annual threshold established in UMRA for
private-sector mandates ($146 million in 2012, adjusted
annually for inflation) in at least one of the first five years
the mandates are in effect.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1449 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
Basis of estimate:
Direct spending
S. 1449 would provide $747 million in 2012 and $756 million
in 2013 for programs administered by NHTSA, including grants
for highway safety programs, operations, and research. The bill
would amend the available uses of that contract authority to
include grants to states for distracted driving as well as for
implementing programs to detect driver alcohol levels and to
establish driver's licenses for teens that phase in full
driving privileges.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
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2012 2013 2014 2015 2016 2017 2012-2017
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CHANGES IN DIRECT SPENDING
Budget Authority for NHTSAa.................... 84 93 93 93 93 93 456
Estimated Outlays.............................. 0 0 0 0 0 0 0
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Obligation Limitation for NHTSAb..... 87 756 0 0 0 0 843
Estimated Outlays.............................. 10 356 293 101 83 0 843
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Notes: NHTSA = National Highway Traffic Safety Administration.
aS. 1449 would provide about $8.4 billion in budget authority in the form of contract authority over the 2012-
2022 period--about $1 billion more than CBO's baseline.
bEstimated discretionary outlays reflect use of funds under the 2012 and 2013 obligation limitations estimated
by CBO. (Outlays stemming from additional contract authority shown in the table would be authorized in future
legislation that covers the period after 2013.)
The current contract authority available through March 31,
2012, for programs administered by NHTSA is $317 million.
Consistent with the rules in the Balanced Budget and Emergency
Deficit Control Act for constructing its baseline, CBO assumes
that funding provided for the first six months of 2012 will
continue at the same rate through the rest of this year (for a
total level of $663 million) and in each subsequent year.
Because of those baseline construction rules, CBO estimates
that enacting the bill would add a total of $456 million of
contract authority over the next five years to the baseline--
$84 million ($747 million less $663 million) in 2012 and $93
million ($756 million less $663 million) annually over the
2013-2017 period. That funding level represents an increase of
about $1 billion above the total amounts of contract authority
for NHTSA programs currently projected in CBO's baseline over
the next 10 years.
Spending subject to appropriation
CBO expects that the contract authority provided in the
bill would be controlled by limitations on obligations set in
annual appropriation acts. While this bill would not authorize
an obligation limitation level, CBO's estimate of discretionary
spending under this legislation reflects obligation limitations
that are estimated to equal the contract authority provided in
the bill. (Historically, the Congress has set obligation
limitations at or near such levels.) For this estimate, CBO did
not project this discretionary authority past fiscal year 2013,
the authorization period covered by the legislation. Because
the 2012 obligation limitation has already been enacted, CBO's
estimate of the costs of this bill for 2012 includes the
difference between that limit ($660 million) and the amount of
contract authority provided in S. 1449 ($747 million). We
estimate that the obligation limitation for 2013 would be $756
million. As a result, CBO estimates that the increases in
discretionary spending, assuming enactment of such obligation
limitations for 2012 and 2013, would be $843 million over the
2012-2017 period.
Revenues
Enacting S. 1449 could result in the collection of
additional civil penalties because it would increase the amount
of such penalties that NHTSA could impose for violations of
certain safety regulations. Penalties are recorded as revenues
and deposited in the U.S. Treasury. However, CBO estimates that
such collections would likely be small, and the effect on
revenues would be insignificant.
Pay-As-You-Go procedures: Enacting S. 1449 could result in
the collection of additional civil penalties because it would
increase the amount that NHTSA could impose for violations of
certain safety regulations. Penalties are recorded as revenues
and deposited in the U.S. Treasury. As a result, pay-as-you go
procedures apply. However, CBO estimates that such collections
would likely be small, and the effect on revenues would be
insignificant.
Estimated impact on state, local, and tribal governments:
S. 1449 contains intergovernmental mandates as defined in UMRA
because it would preempt state laws relating to the safety
standards for motor vehicles required by the bill. While those
preemptions would limit the application of state law, CBO
estimates that they would impose no duty on state, local, or
tribal governments that would result in additional spending
Estimated impact on the private sector: S. 1449 contains
several private-sector mandates, as defined in UMRA. It would
require manufacturers of child safety seats, agricultural
equipment, motor vehicles, and vehicle parts to comply with new
safety standards. These standards relate to new crash
protection measures, new technologies to enhance visibility and
safety, as well as new administrative responsibilities. The
bill also would impose new requirements on importers of motor
vehicles and vehicle parts, as well as car dealerships.
The cost of some of the mandates related to motor vehicle
safety would depend on future regulations. However, because the
requirements would apply to a large number of vehicles intended
for sale in the United States each year, CB0 estimates that the
total cost of the mandates would probably exceed the annual
threshold established in UMRA for private-sector mandates ($146
million in 2012, adjusted annually for inflation) in at least
one of the first five years the mandates are in effect.
Estimate prepared by: Federal Costs: Sarah Puro; Impact on
State, Local, and Tribal Governments: Ryan Miller; Impact on
the Private Sector: Vi Nguyen.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The legislation would apply to: (1) motor vehicle
manufacturers or motor vehicle equipment manufacturers that
sell vehicles and equipment in the United States; (2) dealers
and distributors of motor vehicles or motor vehicle equipment
within the United States; (3) motor vehicle mechanics; and (4)
persons, including corporations with vehicle fleets, who
operate motor vehicles.
ECONOMIC IMPACT
The legislation would affect the Nation's economy to the
extent that it requires, for specific kinds of information,
persons covered under the Act to collect, retain, and report
safety-related information regarding motor vehicles or motor
vehicle equipment. Additional safety-related information may be
required by the Secretary as a result of his or her authorized
rulemaking authority, the economic impact of which cannot be
defined until the rulemaking concludes. The legislation also
may require automakers to install some new safety features on
passenger motor vehicles.
PRIVACY
The impact on the personal privacy of the persons covered by
this legislation is difficult to define prior to the completion
of the Secretary's rulemaking proceedings authorized under the
Act.
PAPERWORK
The outcome of the rulemaking proceedings will also determine
whether paperwork requirements will be necessary.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short Title; Table of Contents.
Section 1 would establish the short title as the ``Motor
Vehicle and Highway Safety Act of 2012'' or ``Mariah's Act.''
The legislation is named after Mariah West of Rogers, Arkansas.
A day before her high school graduation in 2009, Mariah was
texting while driving when she lost control of her car, clipped
a bridge, and flipped back into oncoming traffic. She passed
away five days later from her injuries. Her mother is an
advocate against distracted driving.
Section 2. Definition.
Section 2 would define ``Secretary'' as the Secretary of
Transportation.
TITLE I - HIGHWAY SAFETY
Section 101. Authorization of Appropriations.
This section would authorize appropriations for each of
NHTSA's programs funded through the HTF. This section would
establish HTF expenditures for these programs at current
funding levels - with a slight increase for inflation - but
would eliminate some programs under SAFETEA-LU and redirect the
funds to other existing programs or to newly established
programs.
The section would require NHTSA to establish one grant
application process for all grants under the title, provide
some flexibility to States in meeting State spending
requirements, give NHTSA the flexibility to transfer unused
funds among grant programs, and allow NHTSA to use a portion of
the distracted driving grant program for the development and
placement of broadcast media.
Section 102. Highway Safety Programs.
This section would modify the existing formula grant program
that funds the majority of each State's highway safety
programs, known as the 402 program. The section would update
the existing requirements for State highway safety programs to
eliminate outdated obligations. The section also would
establish new statutory requirements for States to submit
highway safety plans for review and approval by the Secretary.
This section would provide that up to $2.5 million shall be
available to NHTSA to conduct cooperative research with States
in order to examine priority highway safety countermeasures.
The section would further allow States to use funds allocated
to this program for the implementation of a statewide teen
traffic safety program.
Section 103. Highway Safety Research and Development.
This section would modify the existing highway safety
research program at NHTSA. The section would allow for
additional collaborative research and development with non-
Federal entities and would allow the Secretary to establish an
international highway safety information and cooperation
program, as well as a clearinghouse for information about best
practices for driver's licensing concerning drivers with
medical issues. It would further allocate funds from the 402
program to provide training for Federal, State, and local
highway safety personnel.
As originally introduced, the bill would have established in
statute that NHTSA is a ``public health authority'' for
purposes of collecting and analyzing medical data for
transportation research purposes. This provision was not
included in the bill as approved by the Committee because the
Committee believes that statute and regulation have adequately
established NHTSA as a ``public health authority'' entitled to
collect such information, and this statutory language is not
necessary.
Section 104. National Driver Register.
The National Driver Register enables States to share
information with each other about drivers with suspended or
revoked licenses. This section would direct the Secretary to
make continual improvements to modernize the data systems in
the Register.
Section 105. Combined Occupant Protection Grants.
This section would combine three existing occupant protection
grants for States into a single grant for States that adopt and
implement effective occupant protection programs to reduce
highway deaths and injuries resulting from unrestrained or
improperly restrained individuals in motor vehicles. Under this
provision, States with observed seat belt use rates of 90
percent or higher would be eligible for a grant if they meet 4
criteria: (i) submitting an occupant protection plan; (ii)
participating in the ``Click It or Ticket'' program; (iii)
having a network of child restraint inspection stations; and
(iv) having a plan to maintain a sufficient number of child
passenger safety technicians. States with seat belt use rates
below 90 percent would be eligible if they meet those same 4
criteria and at least 3 of 6 additional criteria to the
satisfaction of the Secretary. States could use grant funds
provided under this section for any one of seven activities to
improve proper use of restraints by both children and adults.
Section 106. State Traffic Safety Information System Improvements.
SAFETEA-LU established grants for States to improve data
systems and allow various State and local agencies to manage
these data systems and share information with one another.
These data systems enable States and localities to collect and
analyze traffic safety information and to track progress in
meeting safety goals. This section would make slight
modifications to update the existing grant program.
Section 107. Impaired Driving Countermeasures.
This section would modify the existing grant program under
section 410 of title 23 of the United States Code for States
that adopt and implement effective programs to reduce impaired
driving. The section would amend the program to focus on State
performance and to reward those States that have lower impaired
driving fatality rates. Under this provision, States with the
lowest impaired driving fatality rates would automatically
qualify for grants and have flexibility in spending those
funds. States with the highest impaired fatality rates would
qualify for grants only if the States met a set of criteria
designed to increase their efforts to lower those rates. Those
States would also be restricted in how they could spend the
grant funds. States with mid-range impaired fatality rates
would have moderate restrictions on the use of grant funds to
promote the most effective methods of lowering those rates.
This section would also direct the Secretary to make a separate
grant to States that enact and enforce mandatory ignition-
interlock laws for all individuals convicted of driving under
the influence of alcohol.
Section 108. Distracted Driving Grants.
This section would establish a new grant program for States
that enact and enforce laws limiting distracted driving. States
would qualify for grants under this section if they enact and
enforce laws that (1) prohibit teen drivers from using any
personal wireless communications devices while driving, and (2)
prohibit all drivers from texting while driving. The section
also sets forth exceptions that would be permitted under these
State distracted driving laws.
The section also directs the agency to submit a report to
Congress within one year examining the effect of distractions
other than the use of personal wireless communications on motor
vehicle safety.
Section 109. High Visibility Enforcement Program.
This section would update an existing grant to States for
high visibility enforcement programs and clarify that this
particular grant fund is to be spent solely on advertising and
outreach related to such enforcement programs.
Section 110. Motorcyclist Safety.
SAFETEA-LU created a grant program for States intended to
improve motorcyclist safety through a focus on rider training
and motorcycle awareness among motorists. This section would
update and extend the existing program.
Section 111. Driver Alcohol Detection System for Safety Research.
Over the last several years, NHTSA has partnered with motor
vehicle manufacturers to develop alcohol detection technologies
that could be installed in vehicles to prevent a vehicle from
starting if the driver is legally drunk. These systems would be
designed to operate quickly so that the driver is not delayed
in starting the vehicle and set at a level that would not
prevent a driver from operating a vehicle if that driver's
blood alcohol content is below the legal limit. While this
research is showing great promise, a lack of dedicated funding
could prevent progress. This section would establish a funding
source for research to explore the feasibility and potential
benefits of, as well as the public policy challenges associated
with, more widespread deployment of this technology.
Section 112. State Graduated Driver Licensing Laws.
This section would create a new grant program designed to
encourage States to enact and enforce graduated driver
licensing laws that limit dangerous behaviors by novice
drivers. States would qualify for grants if they enacted a two-
stage licensing process that begins with a learner's permit
stage and is followed by an intermediate stage that can begin
no earlier than six months after the start of the learner's
permit stage and no earlier than age 16, continuing until at
least age 18. During the intermediate stage, drivers would be
prohibited from using communication devices in nonemergency
situations, could not drive with more than one other teen
unless an adult is also in the car, and would face restrictions
on nighttime driving. States could use funds from these grants
to enforce the license requirements, train law enforcement,
conduct other related activities, and carry out a teen traffic
safety program.
Section 113. Agency Accountability.
NHTSA is currently required to conduct triennial management
reviews of State highway safety programs. This section would
clarify that such reviews are not required on a triennial basis
in the smallest territories and would provide details regarding
the required elements of these reviews.
Section 114. Emergency Medical Services.
The Secretary established the National Emergency Services
Advisory Council (NEMSAC) in 2007 to provide advice and
recommendations regarding emergency medical services to NHTSA.
This section would formally create NEMSAC in statute.
TITLE II - ENHANCED SAFETY AUTHORITIES
Section 201. Definition of Motor Vehicle Equipment.
This section would amend the definition of motor vehicle
equipment under section 30102 of title 49 of the United States
Code. It would add language to ensure that devices, articles,
and apparel, notably motorcycle helmets, may be regulated as
motor vehicle equipment, even when they are not directly
marketed or sold as motor vehicle equipment.
Section 202. Permit Reminder System for Non-Use of Safety Belts.
Existing law prohibits NHTSA from allowing or requiring a
manufacturer to comply with a motor vehicle safety standard by
using a safety belt interlock - a device designed to prevent
starting or operating a motor vehicle if an occupant is not
using a safety belt - and prohibits NHTSA from requiring a
buzzer to alert a driver that a safety belt is not in use,
unless that buzzer operates for eight seconds or less. This
section would amend the statute to eliminate the eight-second
restriction on buzzers and enable NHTSA to allow manufacturers
to use safety belt interlocks for compliance purposes. Under
this revision, NHTSA could allow manufacturers to crash test
vehicles with a belted dummy if a safety belt interlock device
were engaged.
Section 203. Civil Penalties.
NHTSA's authority to seek civil fines for violations of its
statutes is capped at a figure that is currently less than $20
million, as adjusted by inflation. Subsection (a) would make a
technical correction to the civil penalties provision and raise
the overall cap on civil penalties from the current figure, now
$17.4 million, to $250 million for manufacturers that
intentionally fail to report vehicle safety defects to NHTSA or
intentionally provide misleading information to NHTSA.
Before issuing a fine, the Secretary would be required to
consider several relevant factors in setting the level of the
fine, including the nature of the violation; the severity of
the risk of injury; the actions taken by the person charged to
identify, investigate, or mitigate the violation; the nature of
the defect or noncompliance; and the size of the company.
Subsection (b) would require the Secretary to issue a final
regulation, within one year of enactment, providing the
Secretary's interpretation of the penalty factors set forth in
subsection (a). Subsection (c) would make clear that civil
penalties may be imposed under statute before the issuance of
the final rule described in subsection (b).
Section 204. Motor Vehicle Safety Research Development.
This section would create a new subchapter in title 49 for
NHTSA's vehicle safety research program: Subchapter V - Motor
Vehicle Safety Research and Development. Subsection (a) would
update NHTSA's existing vehicle safety research and development
authority and add language to ensure that some information,
patents, and developments related to research and development
activities are to be made available to the public without
charge. Subsection (b) adds a conforming amendment to delete
the statutory provision made redundant by this new section.
As originally introduced, the bill would have established in
statute that NHTSA is a ``public health authority'' for
purposes of collecting and analyzing medical data for
transportation research purposes. This provision was not
included in the bill as approved by the Committee because the
Committee believes that statute and regulation have adequately
established NHTSA as a ``public health authority'' entitled to
collect such information, and this statutory language is not
necessary.
Section 205. Odometer Requirements Definition.
This section would amend the definition of an odometer in
section 32702(5) of title 49 of the United States Code to
account for newer, electronic odometer systems and their
related components in motor vehicles.
Section 206. Electronic Disclosures of Odometer Information.
This section would amend section 32705 of chapter 327 of
title 49 of the United States Code to add a new subsection (g)
(``Electronic disclosures'') to allow the Secretary to permit,
by rule, the electronic completion of all aspects of odometer
disclosure.
Section 207. Increased Penalties and Damages for Odometer Fraud.
This section would increase the limit on civil penalties for
individual violations and a series of violations of chapter 327
of title 49 of the United States Code relating to odometers.
The section would also increase the limit on damages to victims
of odometer fraud under chapter 327 of title 49 of the United
States Code from the greater of three times actual damages or
$1,500, plus attorney's fees, to the greater of three times
actual damages or $10,000, plus attorney's fees.
Section 208. Extend Prohibitions on Importing Noncompliant Vehicles and
Equipment to Defective Vehicles and Equipment
This section would amend section 30112 of title 49 of the
United States Code to prohibit the sale, offer for sale,
introduction into interstate commerce, or import into the
United States of motor vehicles or motor vehicle equipment that
contain a safety-related defect. The section would provide an
exception for the importation of defective motor vehicles for
which a recall remedy is available and can be performed prior
to retail sale. Finally, this section would provide that the
prohibitions under section 30112, as amended, do not apply to a
person who had no reason to know, despite exercising reasonable
care, that a motor vehicle or motor vehicle equipment contains
a safety-related defect for which notice was given under
section 30118(c) of such title or an order was issued under
section 30118(b) of such title.
Section 209. Financial Responsibility Requirements for Importers.
This section would amend provisions under chapter 301 to
enable the Secretary to require, by rule, that each person who
imports motor vehicles or motor vehicle equipment into the
country provide and maintain evidence of sufficient financial
responsibility to meet the requirements of NHTSA's statute,
including the ability to comply with all obligations stemming
from a safety recall of the products imported by the importer.
In determining evidence of sufficient financial responsibility,
the agency should seek to minimize costs and burdens on
manufacturers. For instance, the agency should first examine
available public financial data and filings, nonpublic
financial data proffered by the manufacturer, existing
insurance policies, bonds, contracts with private entitites,
and certificates of assurance prior to requiring manufacturers
to maintain additional financial safeguards. The section
includes language to exempt original equipment manufacturers
and their wholly owned subsidiaries from these requirements.
These manufacturers already provide ample evidence of
sufficient financial responsibility to the agency.
Section 210. Conditions on Importation of Vehicles and Equipment.
This section would authorize NHTSA to establish, by rule,
reporting requirements for manufacturers offering motor
vehicles or motor vehicle equipment for import. The reporting
requirements would include the name of the product, the name
and address of the manufacturer, and each retailer or
distributor to which the manufacturer supplies the motor
vehicle or motor vehicle equipment. The section would authorize
NHTSA to issue regulations conditioning import of motor
vehicles or motor vehicle equipment on compliance with the
reporting requirements of this section or other requirements in
statute. The section includes language to exempt original
equipment manufacturers and their wholly owned subsidiaries
from these requirements. These manufacturers already provide
identifying information to the agency.
Section 211. Port Inspections; Sample for Examination or Testing.
This section would expand NHTSA's authority related to
management of imported vehicles and equipment at ports of
entry. The section would clarify that NHTSA has authority to
inspect and impound goods at ports of entry. It would further
clarify that NHTSA can request that the Department of Homeland
Security obtain samples of motor vehicle equipment to determine
compliance with statutory or regulatory requirements and
instruct the Department of Homeland Security to refuse
admission of such equipment into the United States if the
equipment does not comply with these requirements.
TITLE III - TRANSPARENCY AND ACCOUNTABILITY
Section 301. Improved NHTSA Vehicle Safety Database.
The section would require NHTSA to update and improve its
website and its publicly available data to improve public
access to and understanding of existing safety data. The
section would also direct the Secretary to require motor
vehicle safety recall information be publicly available and
searchable in a manner that enables the public to know if a
particular vehicle is under recall and whether the recall has
been completed. The provision would allow the Secretary to
require automakers to publish this recall information on their
own websites.
Section 302. NHTSA Hotline for Manufacturer, Dealer, and Mechanic
Personnel.
This section would require NHTSA to establish a ``hotline''
just for mechanics and other auto industry workers to
confidentially report potential vehicle defects.
Section 303. Consumer Notice of Software Updates and Other
Communications with Dealers.
This section would require consumer access to information
about software updates and modifications developed for their
vehicles, many of which are performed during routine
maintenance at dealerships without knowledge of the vehicle
owner. The section would direct manufacturers to make this
information available on publicly accessible websites.
Section 304. Public Availability of Early Warning Data.
Under the Transportation Recall Enhancement, Accountability,
and Documentation (TREAD) Act (114 Stat. 1800), automakers are
required to submit to NHTSA ``early warning reporting'' data on
a quarterly basis. This section would amend provisions relating
to public disclosure of early warning reporting. It would
reverse the presumption of disclosure in the TREAD Act to state
that information should be publicly disclosed unless it is
exempt from disclosure under the Freedom of Information Act and
that the Secretary should presume in favor of maximum public
availability of information.
Section 305. Corporate responsibility for NHTSA reports.
Subsection (a) would direct the Secretary to require, for
each company submitting information to NHTSA in response to a
request for information in a safety defect or compliance
investigation, that a senior official responsible for safety
certify that the signing officer has reviewed the submission
and that, based on the officer's knowledge, the submission does
not contain an untrue statement of a material fact or omit a
material fact.
Subsection (b) would establish that a person who knowingly
and willfully submits materially false, misleading, or
incomplete information to the Secretary, after certifying the
same pursuant to subsection (a), would be subject to a civil
penalty of not more than $5,000 per day with a maximum penalty
for a related series of violations of $5,000,000.
Section 306. Passenger Motor Vehicle Information Program.
The section would expand the mission and purpose of the New
Car Assessment Program, the government's star-rating program
for vehicle safety, to include crash avoidance as well as
crashworthiness.
Section 307. Promotion of Vehicle Defect Reporting.
In order to improve public knowledge about NHTSA's database
of consumer complaints, this section would require the
placement of a sticker or other notification in the glove box
or another location accessible to the consumer with plain
language about how to contact NHTSA to report a potential
vehicle safety defect.
Section 308. Whistleblower Protections For Motor Vehicle Manufacturers,
Part Suppliers, and Dealership Employees.
Section 308 would amend subchapter IV of chapter 301 of title
49 of the United States Code to establish protections for auto
industry executives, production workers, dealership employees,
and mechanics who are subjected to retaliation for providing
information related to a motor vehicle defect or violation of
law. The whistleblower protections set forth in this section
are consistent with the protections currently provided to
airline employees.
Specifically, the section would provide that no motor vehicle
manufacturer, part supplier, or dealership may discharge or
otherwise discriminate against an employee because the
employee: provided or is about to provide to the employer or
the Secretary information relating to a motor vehicle defect or
a violation of chapter 301 of title 49; has filed or is about
to file a proceeding related to a violation of a motor vehicle
safety defect or violation of the chapter; testified, assisted,
or is about to testify or assist in such a proceeding; or
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. Under the
section, a person who believes that he or she has been
discharged or discriminated against in violation of the above
would be able to file a complaint with the Secretary of Labor
within 180 days after the date of the violation. The complaint
would be required to make a prima facie showing.
Within 60 days after receipt of the complaint and after
affording an opportunity for response from the person named in
the complaint, the Secretary of Labor would be required to
conduct an investigation. If the Secretary of Labor concludes
that there is reasonable cause to believe a violation has
occurred, the Secretary of Labor would issue a preliminary
order with findings. The person named in the complaint would be
able to object to the order and findings and seek a hearing. If
a hearing is not requested within 30 days, the preliminary
order would be deemed final.
The section further provides that, after a hearing, the
Secretary of Labor would be required to issue a final order
within 120 days. Upon a finding of a violation, the Secretary
of Labor could issue a final order that requires the person who
committed the violation to take affirmative action to abate the
violation, reinstate the complainant, and provide compensatory
damages. If a complaint is determined to be frivolous, the
Secretary of Labor would be able to award the prevailing
employer a reasonable attorney's fee not to exceed $1,000. If
the Secretary of Labor has not issued a final order within 210
days of filing a complaint, the complainant would be allowed to
bring an action in U.S. District Court. Final orders would be
appealable to the U.S. Circuit Court of Appeals. If an employer
does not comply with a final order, the Secretary of Labor
would be able to file a civil action in the U.S. District Court
to enforce that order.
Section 309. Anti-Revolving Door.
Subsection (a) would prohibit a covered NHTSA employee,
during the two-year period after leaving NHTSA, from
communicating with or appearing before the agency on behalf of
any manufacturer subject to regulation under chapter 301 of
title 49 of the United States Code in connection with any
matter involving motor vehicle safety. A covered NHTSA employee
would be defined as an individual who, during his or her last
12 months of employment at NHTSA, serves or served in a
technical or legal capacity; has job responsibilities that
include or included vehicle safety defect investigation,
vehicle safety compliance, vehicle safety rulemaking, or
vehicle safety research; or serves in a supervisory or
management capacity over such officers or employees. This
subsection would also make it unlawful for manufacturers to
employ or contract for the services of these NHTSA employees.
The subsection also would include a special rule for detailees,
an exception for testimony under oath, and a savings provision
indicating that these prohibitions do not affect the
application of section 207 of title 18 of the United States
Code.
Subsection (b) would establish civil penalties for violations
of these provisions. Subsections (c) and (d) would direct the
Department of Transportation Inspector General to review,
study, and issue reports to Congress on the Department's
applicable policies and procedures on official communications
with former employees and post-employment restrictions.
Sec. 310. Study of Crash Data Collection.
This section would require the Secretary to issue a report on
the quality of data collected through the NASS, including the
types of conclusions NHTSA can reach based on the amount of
data collected in a given year, the number of investigations
per year that would allow for optimal data analysis, and the
resources that would be needed to implement these
recommendations.
Section 311. Update Means of Providing Notification; Improving Efficacy
of Recalls.
This section would enable NHTSA, through a rulemaking
process, to modify the means by which manufacturers must
contact vehicle owners and owners of motor vehicle equipment in
the event of a recall. The section would also give NHTSA
authority to order manufacturers to send additional
notifications or take other steps to locate and notify owners
if the first two recall notifications do not result in an
adequate number of remedies.
Section 312. Expanding Choices of Remedy Available to Manufacturers of
Replacement Equipment.
Under current law, a motor vehicle manufacturer conducting a
safety recall may offer consumers repair, replacement, or
refund of the purchase price. Manufacturers of replacement
equipment may only offer repair or replacement. This section
would enable a manufacturer of replacement equipment to offer a
refund instead of repair or replacement.
Section 313. Recall Obligations and Bankruptcy of Manufacturer.
This section would establish that a manufacturer's duty to
comply with recall obligations under NHTSA's statutes is not
negated by a filing of a petition in bankruptcy under chapter
11 of title II of the United States Code. The section would
establish that the manufacturer's obligations under NHTSA's
recall statutes should be treated as a claim of the U.S.
Government and given priority pursuant to Federal law.
Section 314. Repeal of Insurance Reports and Information Provision.
This section would eliminate an outdated reporting
requirement.
Section 315. Monroney Sticker to Permit Additional Safety Rating
Categories.
This section would authorize NHTSA to include additional
safety rating information on the label affixed to new motor
vehicles at the time of sale.
TITLE IV - VEHICLE ELECTRONICS AND SAFETY STANDARDS
Section 401. NHTSA Electronics, Software and Engineering Expertise.
This section would establish within NHTSA a Council for
Vehicle Electronics, Vehicle Software and Emerging Technologies
(Council) to enhance the agency's expertise in vehicle
electronics. The Council would also be charged with
investigating the safety of lightweight plastics used in motor
vehicles and assessing implications of emerging safety
technologies in consultation with affected stakeholders. The
section would establish an ``Honors Recruitment Program'' to
train engineering students for a career in vehicle safety.
Section 402. Vehicle Stopping Distance and Brake Override Standard.
This section would require the Secretary to initiate a
rulemaking to prescribe a motor vehicle safety standard by
which every new passenger motor vehicle would be required to be
able to stop within a certain distance even if the engine is
receiving accelerator input signals. In issuing the rule, the
Secretary would be permitted to allow vehicles to temporarily
suspend the function for times when both brake and accelerator
need to be applied together, such as on a steep hill or for
maneuvering a trailer. The rule would require the installation
of redundant circuits or mechanisms for the accelerator control
system in the event that the primary circuit or mechanism
fails. The section would require the Secretary to issue the
final rule within one year after enactment. While many
manufacturers are incorporating ``brake override'' technology
that instructs engine computers to allow the brake to override
the accelerator pedal, this mandate is technology neutral. If a
better technology or mechanism emerges for stopping vehicles
while the vehicle receives accelerator inputs, manufacturers
would be free to adopt it.
Section 403. Pedal Placement Standard.
This section would require the Secretary to consider issuing
a rule for passenger motor vehicles to require minimum
distances between floor pedals, minimum distances between foot
pedals and the vehicle floor, and minimum distances to account
for any other potential obstructions to pedal movement. The
Secretary would be required to issue the rule within three
years after enactment or, if the Secretary determines that a
standard is not warranted, transmit to Congress a report
stating the reasons for not issuing a rule.
Section 404. Electronic Systems Performance Standard.
This section would require NHTSA to consider issuing a rule
requiring passenger motor vehicles to meet minimum performance
standards for electronic systems, taking into account
electronic components, the interaction of electronic
components, and the effect of surrounding environments on the
entire vehicle electronic system. The Secretary would be
required to issue the rule within four years after enactment
or, if the Secretary determines that a standard is not
warranted, transmit to Congress a report stating the reasons
for not issuing a rule.
Section 405. Pushbutton Ignition Systems Standard.
This section would require the Secretary to consider issuing
a rule for passenger motor vehicles that establishes a uniform
protocol by which a driver, who may be unfamiliar with the
vehicle, uses a push-button ignition system during an emergency
situation. The Secretary would be required to issue the rule
within two years after enactment or, if the Secretary
determines that a standard is not warranted, transmit to
Congress a report stating the reasons for not issuing a rule.
Section 406. Vehicle Event Data Recorders.
This section would revise requirements related to event data
recorders (EDRs) in vehicles. Subsection (a) would require the
Secretary to mandate the installation of EDRs in all new
vehicles. Subsection (b) would establish limitations on
information retrieval from EDRs. It would make clear that the
data held by EDRs is owned by the owner or lessee of the
vehicle and would establish that the data may only be retrieved
by someone other than the owner or lessee under certain
circumstances. Subsection (c) would direct the Secretary to
conduct a study and report to Congress after the first
rulemaking to analyze the privacy and safety impacts of
mandatory event data recorders. Subsection (d) would call on
the Secretary to initiate a rulemaking to require more robust
requirements for event data recorders. Under subsection (g), a
final rule would be required within four years of enactment of
the Act. Subsection (e) would establish a requirement that
owners' manuals or similar documentation disclose the existence
of EDRs in vehicles. Subsection (f) would provide for access to
EDR data in NHTSA investigations.
Section 407. Prohibition on Electronic Visual Entertainment in Driver's
View.
This section would require the Secretary to issue
regulations, within two years after the date of enactment, that
prohibit electronic screens in cars from displaying visual
entertainment in view of the driver while driving. The section
would require that the regulation accommodate electronic
screens that display information or images regarding vehicle
operation, vehicle surroundings, communications systems, and
navigation systems.
TITLE V - CHILD SAFETY STANDARDS
Section 501. Child Safety Seats.
This section would require the Secretary to conduct three
rulemaking proceedings to strengthen safety standards for child
safety seats. Subsection (a) would direct the Secretary to
establish standards for child safety seats marketed to children
weighing more than 65 pounds. Subsection (b) would require the
Secretary to finalize a side impact crash test for child safety
seats. NHTSA has found that one-third of children who die in
crashes while properly secured in a child safety seat are
killed in side impact crashes. Subsection (c) would require the
Secretary to update the test parameters for child safety seats
in a frontal impact.
Section 502. Child Restraint Anchorage Systems.
This section would direct the Secretary to reexamine the
requirements for Lower Anchorages and Tethers for Children
(LATCH), which attach a child safety seat to the rear car seat
and have been required in all passenger vehicles since 2003.
Subsection (a)(1) would direct the Secretary to consider
improving the visibility, accessibility, and ease of use of the
LATCH system in all rear seating positions where it is feasible
for installation of such a system. Subsection (a)(2) would
direct the Secretary to consider establishing a maximum weight
limit for the LATCH system and to make that limit clear to
consumers. The Secretary would be required to either issue a
final rule within three years or report to Congress describing
the reasons for not issuing a rule.
Section 503. Rear Seat Belt Reminders.
This section would direct the Secretary to consider requiring
a safety belt use warning system for designated positions in
the rear seat of passenger motor vehicles. The legislation
would require the Secretary to promulgate a final rule within
three years or report to Congress explaining why it did not
issue such a rule.
Section 504. Unattended Passenger Reminders.
This section would direct the Secretary to conduct a safety
research initiative into possible technological means for
preventing deaths of children who are accidentally left behind
in vehicles by caretakers. The section would require the
Secretary to either commence a rulemaking within a year of
completing the two-year research initiative or report to
Congress on its reasons for not commencing such a rulemaking.
Section 505. New Deadline.
This section would direct the Secretary to report to Congress
if the Secretary is unable to meet any of the rulemaking
deadlines in the legislation and to further explain the delay
and set a new deadline.
TITLE VI - IMPROVED DAYTIME AND NIGHTTIME VISIBILITY OF AGRICULTURAL
EQUIPMENT.
Section 601. Rulemaking on Visibility of Agricultural Equipment.
This section would require the Secretary - after consultation
with representatives of the American Society of Agricultural
and Biological Engineers, Federal agencies, and other
appropriate persons - to issue a rule establishing minimum
standards for the daytime and nighttime visibility of
agricultural equipment that may be operated on a public road.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TITLE 23. HIGHWAYS
CHAPTER 4. HIGHWAY SAFETY
402. Highway safety programs
[(a) Each State shall have a highway safety program approved
by the Secretary, designed to reduce traffic accidents and
deaths, injuries, and property damage resulting therefrom. Such
programs shall be in accordance with uniform guidelines
promulgated by the Secretary. Such uniform guidelines shall be
promulgated by the Secretary so as to improve driver
performance (including, but not limited to, driver education,
driver testing to determine proficiency to operate motor
vehicles, driver examinations (both physical and mental) and
driver licensing) and to improve pedestrian performance and
bicycle safety. In addition, such uniform guidelines shall
include programs (1) to reduce injuries and deaths resulting
from motor vehicles being driven in excess of posted speed
limits, (2) to encourage the proper use of occupant protection
devices (including the use of safety belts and child restraint
systems) by occupants of motor vehicles, (3) to reduce deaths
and injuries resulting from persons driving motor vehicles
while impaired by alcohol or a controlled substance, (4) to
prevent accidents and reduce deaths and injuries resulting from
accidents involving motor vehicles and motorcycles, (5) to
reduce injuries and deaths resulting from accidents involving
school buses, [and] (6) to reduce accidents resulting from
unsafe driving behavior (including aggressive or fatigued
driving and distracted driving arising from the use of
electronic devices in vehicles)[, and] (7) to improve law
enforcement services in motor vehicle accident prevention,
traffic supervision, and post-accident procedures. The
Secretary shall establish a highway safety program for the
collection and reporting of data on traffic-related deaths and
injuries by the States. Under such program, the States shall
collect and report such data as the Secretary may require. The
purposes of the program are to ensure national uniform data on
such deaths and injuries and to allow the Secretary to make
determinations for use in developing programs to reduce such
deaths and injuries and making recommendations to Congress
concerning legislation necessary to implement such programs.
The program shall provide for annual reports to the Secretary
on the efforts being made by the States in reducing deaths and
injuries occurring at highway construction sites and the
effectiveness and results of such efforts. The Secretary shall
establish minimum reporting criteria for the program. Such
criteria shall include, but not be limited to, criteria on
deaths and injuries resulting from police pursuits, school bus
accidents, aggressive driving, fatigued driving, distracted
driving, and speeding, on traffic-related deaths and injuries
at highway construction sites and on the configuration of
commercial motor vehicles involved in motor vehicle accidents.
In addition such uniform guidelines shall include, but not be
limited to, provisions for an effective record system of
accidents (including injuries and deaths resulting therefrom),
accident investigations to determine the probable causes of
accidents, injuries, and deaths, vehicle registration,
operation, and inspection, highway design and maintenance
(including lighting, markings, and surface treatment), traffic
control, vehicle codes and laws, surveillance of traffic for
detection and correction of high or potentially high accident
locations, enforcement of light transmission standards of
window glazing for passenger motor vehicles and light trucks as
necessary to improve highway safety, and emergency services.
Such guidelines as are applicable to State highway safety
programs shall, to the extent determined appropriate by the
Secretary, be applicable to federally administered areas where
a Federal department or agency controls the highways or
supervises traffic operations.]
(a) Program Required.--
(1) In general.--Each State shall have a highway
safety program, approved by the Secretary, that is
designed to reduce traffic accidents and the resulting
deaths, injuries, and property damage.
(2) Uniform guidelines.--Programs required under
paragraph (1) shall comply with uniform guidelines,
promulgated by the Secretary and expressed in terms of
performance criteria, that--
(A) include programs--
(i) to reduce injuries and deaths
resulting from motor vehicles being
driven in excess of posted speed
limits;
(ii) to encourage the proper use of
occupant protection devices (including
the use of safety belts and child
restraint systems) by occupants of
motor vehicles;
(iii) to reduce injuries and deaths
resulting from persons driving motor
vehicles while impaired by alcohol or a
controlled substance;
(iv) to prevent accidents and reduce
injuries and deaths resulting from
accidents involving motor vehicles and
motorcycles;
(v) to reduce injuries and deaths
resulting from accidents involving
school buses;
(vi) to reduce accidents resulting
from unsafe driving behavior (including
aggressive or fatigued driving and
distracted driving arising from the use
of electronic devices in vehicles); and
(vii) to improve law enforcement
services in motor vehicle accident
prevention, traffic supervision, and
post-accident procedures;
(B) improve driver performance, including--
(i) driver education;
(ii) driver testing to determine
proficiency to operate motor vehicles;
and
(iii) driver examinations (physical,
mental, and driver licensing);
(C) improve pedestrian performance and
bicycle safety;
(D) include provisions for--
(i) an effective record system of
accidents (including resulting injuries
and deaths);
(ii) accident investigations to
determine the probable causes of
accidents, injuries, and deaths;
(iii) vehicle registration,
operation, and inspection; and
(iv) emergency services; and
(E) to the extent determined appropriate by
the Secretary, are applicable to federally
administered areas where a Federal department
or agency controls the highways or supervises
traffic operations.
(b) Administration of State Programs.--
(1) Administrative requirements.--The Secretary may
not approve a State highway safety program under this
section which does not--
(A) provide that the Governor of the State
shall be responsible for the administration of
the program through a State highway safety
agency which shall have adequate powers and be
suitably equipped and organized to carry out,
to the satisfaction of the Secretary, such
program;
(B) authorize political subdivisions of the
State to carry out local highway safety
programs within their jurisdictions as a part
of the State highway safety program if such
local highway safety programs are approved by
the Governor and are in accordance with the
minimum standards established by the Secretary
under this section;
(C) except as provided in paragraph (3),
provide that at least 40 percent of all Federal
funds apportioned under this section to the
State for any fiscal year will be expended by
the political subdivisions of the State,
including Indian tribal governments, in
carrying out local highway safety programs
authorized in accordance with subparagraph (B);
(D) provide adequate and reasonable access
for the safe and convenient movement of
individuals with disabilities, including those
in wheelchairs, across curbs constructed or
replaced on or after July 1, 1976, at all
pedestrian crosswalks throughout the State;
[and]
(E) beginning on October 1, 2012, provide for
a robust, data-driven traffic safety
enforcement program to prevent traffic
violations, crashes, and crash fatalities and
injuries in areas most at risk for such
incidents, to the satisfaction of the
Secretary;
[(E)] (F) provide satisfactory assurances
that the State will implement activities in
support of national highway safety goals to
reduce motor vehicle related fatalities that
also reflect the primary data-related crash
factors within a State as identified by the
State highway safety planning process,
including--
(i) national law enforcement
mobilizations and high-visibility law
enforcement mobilizations coordinated
by the Secretary;
(ii) sustained enforcement of
statutes addressing impaired driving,
occupant protection, and driving in
excess of posted speed limits;
(iii) an annual statewide safety belt
use survey in accordance with criteria
established by the Secretary for the
measurement of State safety belt use
rates to ensure that the measurements
are accurate and representative; [and]
(iv) development of statewide data
systems to provide timely and effective
data analysis to support allocation of
highway safety resources[.] ; and
(v) ensuring that the State will
coordinate its highway safety plan,
data collection, and information
systems with the State strategic
highway safety plan (as defined in
section 148(a)).
(2) Waiver.--The Secretary may waive the requirement
of paragraph (1)(C), in whole or in part, for a fiscal
year for any State whenever the Secretary determines
that there is an insufficient number of local highway
safety programs to justify the expenditure in the State
of such percentage of Federal funds during the fiscal
year.
(3) Use of technology for traffic enforcement.--The
Secretary may encourage States to use technologically
advanced traffic enforcement devices (including the use
of automatic speed detection devices such as photo-
radar) by law enforcement officers.
[(c) Funds authorized] (c) Use of Funds._
(1) In general._Funds authorized to be appropriated
to carry out this section shall be used to aid the
States to conduct the highway safety programs approved
in accordance with subsection (a), including
development and implementation of manpower training
programs, and of demonstration programs that the
Secretary determines will contribute directly to the
reduction of accidents, and deaths and injuries
resulting therefrom. [Such funds]
(2) Apportionment._Except for amounts identified in
subsection (l) and section 403(e), funds described in
paragraph (1) shall be apportioned 75 per centum in the
ratio which the population of each State bears to the
total population of all the States, as shown by the
latest available Federal census, and 25 per centum in
the ratio which the public road mileage in each State
bears to the total public road mileage in all States.
For the purposes of this subsection, a ``public road''
means any road under the jurisdiction of and maintained
by a public authority and open to public travel. Public
road mileage as used in this subsection shall be
determined as of the end of the calendar year preceding
the year in which the funds are apportioned and shall
be certified to by the Governor of the State and
subject to approval by the Secretary. The annual
apportionment to each State shall not be less than
three-quarters of 1 percent of the total apportionment,
except that the apportionment to the Secretary of the
Interior shall not be less than 2 percent of the total
apportionment and the apportionments to the Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands shall not be less than
one-quarter of 1 per centum of the total apportionment.
[The Secretary shall not apportion any funds under this
subsection to any State which is not implementing a
highway safety program approved by the Secretary in
accordance with this section. For the purpose of the
seventh sentence of this subsection, a highway safety
program] A highway safety program approved by the
Secretary shall not include any requirement that a
State implement such a program by adopting or enforcing
any law, rule, or regulation based on a guideline
promulgated by the Secretary under this section
requiring any motorcycle operator eighteen years of age
or older or passenger eighteen years of age or older to
wear a safety helmet when operating or riding a
motorcycle on the streets and highways of that State.
Implementation of a highway safety program under this
section shall not be construed to require the Secretary
to require compliance with every uniform guideline, or
with every element of every uniform guideline, in every
State. A State may use the funds apportioned under this
section, in cooperation with neighboring States, for
highway safety programs or related projects that may
confer benefits on such neighboring States. Funds
apportioned under this section to any State, that does
not have a highway safety program approved by the
Secretary or that is not implementing an approved
program, shall be reduced by amounts equal to not less
than [50 per centum] 20 percent of the amounts that
would otherwise be apportioned to the State under this
section, until such time as the Secretary approves such
program or determines that the State is implementing an
approved program, as appropriate. The Secretary shall
consider the gravity of the State's failure to have or
implement an approved program in determining the amount
of the reduction. [The Secretary shall promptly
apportion to the State the funds withheld from its
apportionment if he approves the State's highway safety
program or determines that the State has begun
implementing an approved program, as appropriate, prior
to the end of the fiscal year for which the funds were
withheld. If the Secretary determines that the State
did not correct its failure within such period, the
Secretary shall reapportion the withheld funds to the
other States in accordance with the formula specified
in this subsection not later than 30 days after such
determination.]
(3) Reapportionment.--The Secretary shall promptly
apportion the funds withheld from a State's
apportionment to the State if the Secretary approves
the State's highway safety program or determines that
the State has begun implementing an approved program,
as appropriate, not later than July 31st of the fiscal
year for which the funds were withheld. If the
Secretary determines that the State did not correct its
failure within such period, the Secretary shall
reapportion the withheld funds to the other States in
accordance with the formula specified in paragraph (2)
not later than the last day of the fiscal year.
(d) All provisions of chapter 1 of this title that are
applicable to National Highway System highway funds other than
provisions relating to the apportionment formula and provisions
limiting the expenditure of such funds to the Federal-aid
systems, shall apply to the highway safety funds authorized to
be appropriated to carry out this section, except as determined
by the Secretary to be inconsistent with this section, and
except that the aggregate of all expenditures made during any
fiscal year by a State and its political subdivisions
(exclusive of Federal funds) for carrying out the State highway
safety program (other than planning and administration) shall
be available for the purpose of crediting such State during
such fiscal year for the non-Federal share of the cost of any
project under this section (other than one for planning or
administration) without regard to whether such expenditures
were actually made in connection with such project and except
that, in the case of a local highway safety program carried out
by an Indian tribe, if the Secretary is satisfied that an
Indian tribe does not have sufficient funds available to meet
the non-Federal share of the cost of such program, he may
increase the Federal share of the cost thereof payable under
this Act to the extent necessary. In applying such provisions
of chapter 1 in carrying out this section the term ``State
transportation department'' as used in such provisions shall
mean the Governor of a State for the purposes of this section.
(e) Uniform guidelines promulgated by the Secretary to carry
out this section shall be developed in cooperation with the
States, their political subdivisions, appropriate Federal
departments and agencies, and such other public and private
organizations as the Secretary deems appropriate.
(f) The Secretary may make arrangements with other Federal
departments and agencies for assistance in the preparation of
uniform guidelines for the highway safety programs contemplated
by subsection (a) and in the administration of such programs.
Such departments and agencies are directed to cooperate in such
preparation and administration, on a reimbursable basis.
[(g) Nothing in this section authorizes the appropriation or
expenditure of funds for (1) highway construction, maintenance,
or design (other than design of safety features of highways to
be incorporated into guidelines) or (2) any purpose for which
funds are authorized by section 403 of this title.]
(g) Savings Provision.--
(1) In general.--Except as provided under paragraph
(2), nothing in this section may be construed to
authorize the appropriation or expenditure of funds
for--
(A) highway construction, maintenance, or
design (other than design of safety features of
highways to be incorporated into guidelines);
or
(B) any purpose for which funds are
authorized by section 403.
(2) Demonstration projects.--A State may use funds
made available to carry out this section to assist in
demonstration projects carried out by the Secretary
under section 403.
(h) [Repealed]
[(i)] (h) Application in Indian Country.--
(1) Use of terms.--For the purpose of application of
this section in Indian country, the terms ``State'' and
``Governor of a State'' include the Secretary of the
Interior and the term ``political subdivision of a
State'' includes an Indian tribe.
(2) Expenditures for local highway programs.--
Notwithstanding subsection (b)(1)(C), 95 percent of the
funds apportioned to the Secretary of the Interior
under this section shall be expended by Indian tribes
to carry out highway safety programs within their
jurisdictions.
(3) Access for individuals with disabilities.--The
requirements of subsection (b)(1)(D) shall be
applicable to Indian tribes, except to those tribes
with respect to which the Secretary determines that
application of such provisions would not be
practicable.
(4) Indian country defined.--In this subsection, the
term ``Indian country'' means--
(A) all land within the limits of any Indian
reservation under the jurisdiction of the
United States, notwithstanding the issuance of
any patent and including rights-of-way running
through the reservation;
(B) all dependent Indian communities within
the borders of the United States, whether
within the original or subsequently acquired
territory thereof and whether within or without
the limits of a State; and
(C) all Indian allotments, the Indian titles
to which have not been extinguished, including
rights-of-way running through such allotments.
[(j)] (i) Rulemaking Proceeding.--The Secretary may
periodically conduct a rulemaking process to identify highway
safety programs that are highly effective in reducing motor
vehicle crashes, injuries, and deaths. Any such rulemaking
shall take into account the major role of the States in
implementing such programs. When a rule promulgated in
accordance with this section takes effect, States shall
consider these highly effective programs when developing their
highway safety programs.
[(k) (1) Subject to the provisions of this subsection, the
Secretary shall make a grant to any State which includes, as
part of its highway safety program under section 402 of this
title, the use of a comprehensive computerized safety
recordkeeping system designed to correlate data regarding
traffic accidents, drivers, motor vehicles, and roadways. Any
such grant may only be used by such State to establish and
maintain a comprehensive computerized traffic safety
recordkeeping system or to obtain and operate components to
support highway safety priority programs identified by the
Secretary under this section. Notwithstanding any other
provision of law, if a report, list, schedule, or survey is
prepared by or for a State or political subdivision thereof
under this subsection, such report, list, schedule, or survey
shall not be admitted as evidence or used in any suit or action
for damages arising out of any matter mentioned in such report,
list, schedule, or survey.
[(2) No State may receive a grant under this
subsection in more than two fiscal years.
[(3) The amount of the grant to any State under this
subsection for the first fiscal year such State is
eligible for a grant under this subsection shall equal
10 per centum of the amount apportioned to such State
for fiscal year 1985 under this section. The amount of
a grant to any State under this subsection for the
second fiscal year such State is eligible for a grant
under this subsection shall equal 10 per centum of the
amount apportioned to such State for fiscal year 1986
under this section.
[(4) A State is eligible for a grant under this
subsection if--
[(A) it certifies to the Secretary that it
has in operation a computerized traffic safety
recordkeeping system and identifies proposed
means of upgrading the system acceptable to the
Secretary; or
[(B) it provides to the Secretary a plan
acceptable to the Secretary for establishing
and maintaining a computerized traffic safety
recordkeeping system.
[(5) The Secretary, after making the deduction
authorized by the second sentence of subsection (c) of
this section for fiscal years 1985 and 1986, shall set
aside 10 per centum of the remaining funds authorized
to be appropriated to carry out this section for the
purpose of making grants under this subsection. Funds
set aside under this subsection shall remain available
for the fiscal year authorized and for the succeeding
fiscal year and any amounts remaining unexpended at the
end of such period shall be apportioned in accordance
with the provisions of subsection (c) of this section.]
[(l)] (j) Law Enforcement Vehicular Pursuit Training.--A
State shall actively encourage all relevant law enforcement
agencies in such State to follow the guidelines established for
vehicular pursuits issued by the International Association of
Chiefs of Police that are in effect on the date of enactment of
this subsection or as revised and in effect after such date as
determined by the Secretary.
[(m) Consolidation of Grant Applications.--The Secretary
shall establish an approval process by which a State may apply
for all grants under this chapter for which a single
application process with one annual deadline is appropriate.
The Bureau of Indian Affairs shall establish a similar
simplified process for applications for grants from Indian
tribes under this chapter.]
(k) Highway Safety Plan and Reporting Requirements.--
(1) In general.--The Secretary shall require each
State to develop and submit to the Secretary a highway
safety plan that complies with the requirements under
this subsection not later than July 1, 2012, and
annually thereafter.
(2) Contents.--State highway safety plans submitted
under paragraph (1) shall include--
(A) performance measures required by the
Secretary or otherwise necessary to support
additional State safety goals, including--
(i) documentation of current safety
levels for each performance measure;
(ii) quantifiable annual performance
targets for each performance measure;
and
(iii) a justification for each
performance target;
(B) a strategy for programming funds
apportioned to the State under this section on
projects and activities that will allow the
State to meet the performance targets described
in subparagraph (A);
(C) data and data analysis supporting the
effectiveness of proposed countermeasures;
(D) a description of any Federal, State,
local, or private funds that the State plans to
use, in addition to funds apportioned to the
State under this section, to carry out the
strategy described in subparagraph (B);
(E) beginning with the plan submitted by July
1, 2013, a report on the State's success in
meeting State safety goals set forth in the
previous year's highway safety plan; and
(F) an application for any additional grants
available to the State under this chapter.
(3) Performance measures.--For the first highway
safety plan submitted under this subsection, the
performance measures required by the Secretary under
paragraph (2)(A) shall be limited to those developed by
the National Highway Traffic Safety Administration and
the Governor's Highway Safety Association and described
in the report, ``Traffic Safety Performance Measures
for States and Federal Agencies'' (DOT HS 811 025). For
subsequent highway safety plans, the Secretary shall
consult with the Governor's Highway Safety Association
and safety experts if the Secretary makes revisions to
the set of required performance measures.
(4) Review of highway safety plans.--
(A) In general.--Not later than 60 days after
the date on which a State's highway safety plan
is received by the Secretary, the Secretary
shall review and approve or disapprove the
plan.
(B) Approvals and disapprovals.--
(i) Approvals.--The Secretary shall
approve a State's highway safety plan
if the Secretary determines that--
(I) the plan is evidence-
based and supported by data;
(II) the performance targets
are adequate; and
(III) the plan, once
implemented, will allow the
State to meet such targets.
(ii) Disapprovals.--The Secretary
shall disapprove a State's highway
safety plan if the Secretary determines
that the plan does not--
(I) set appropriate
performance targets; or
(II) provide for evidence-
based programming of funding in
a manner sufficient to allow
the State to meet such targets.
(C) Actions upon disapproval.--If the
Secretary disapproves a State's highway safety
plan, the Secretary shall--
(i) inform the State of the reasons
for such disapproval; and
(ii) require the State to resubmit
the plan with any modifications that
the Secretary determines to be
necessary.
(D) Review of resubmitted plans.--If the
Secretary requires a State to resubmit a
highway safety plan, with modifications, the
Secretary shall review and approve or
disapprove the modified plan not later than 30
days after the date on which the Secretary
receives such plan.
(E) Reprogramming authority.--If the
Secretary determines that the modifications
contained in a State's resubmitted highway
safety plan do not provide for the programming
of funding in a manner sufficient to meet the
State's performance goals, the Secretary, in
consultation with the State, shall take such
action as may be necessary to bring the State's
plan into compliance with the performance
targets.
(F) Public notice.--A State shall make the
State's highway safety plan, and decisions of
the Secretary concerning approval or
disapproval of a revised plan, available to the
public.
(l) Cooperative Research and Evaluation.--
(1) Establishment and funding.--Notwithstanding the
apportionment formula set forth in subsection (c)(2),
$2,500,000 of the total amount available for
apportionment to the States for highway safety programs
under subsection (c) in each fiscal year shall be
available for expenditure by the Secretary, acting
through the Administrator of the National Highway
Traffic Safety Administration, for a cooperative
research and evaluation program to research and
evaluate priority highway safety countermeasures.
(2) Administration.--The program established under
paragraph (1)--
(A) shall be administered by the
Administrator of the National Highway Traffic
Safety Administration; and
(B) shall be jointly managed by the Governors
Highway Safety Association and the National
Highway Traffic Safety Administration.
(m) Teen Traffic Safety Program.--
(1) Program authorized.--Subject to the requirements
of a State's highway safety plan, as approved by the
Secretary under subsection (k), a State may use a
portion of the amounts received under this section to
implement a statewide teen traffic safety program to
improve traffic safety for teen drivers.
(2) Strategies.--The program implemented under
paragraph (1)--
(A) shall include peer-to-peer education and
prevention strategies in schools and
communities designed to--
(i) increase safety belt use;
(ii) reduce speeding;
(iii) reduce impaired and distracted
driving;
(iv) reduce underage drinking; and
(v) reduce other behaviors by teen
drivers that lead to injuries and
fatalities; and
(B) may include--
(i) working with student-led groups
and school advisors to plan and
implement teen traffic safety programs;
(ii) providing subgrants to schools
throughout the State to support the
establishment and expansion of student
groups focused on teen traffic safety;
(iii) providing support, training,
and technical assistance to establish
and expand school and community safety
programs for teen drivers;
(iv) creating statewide or regional
websites to publicize and circulate
information on teen safety programs;
(v) conducting outreach and providing
educational resources for parents;
(vi) establishing State or regional
advisory councils comprised of teen
drivers to provide input and
recommendations to the governor and the
governor's safety representative on
issues related to the safety of teen
drivers;
(vii) collaborating with law
enforcement;
(viii) organizing and hosting State
and regional conferences for teen
drivers;
(ix) establishing partnerships and
promoting coordination among community
stakeholders, including public, not-
for-profit, and for profit entities;
and
(x) funding a coordinator position
for the teen safety program in the
State or region.
[403. Highway safety research and development
[(a) Authority of the Secretary.--The Secretary is authorized
to use funds appropriated to carry out this section to--
[(1) conduct research on all phases of highway safety
and traffic conditions, including accident causation,
highway or driver characteristics, communications, and
emergency care;
[(2) conduct ongoing research into driver behavior
and its effect on traffic safety;
[(3) conduct research on, launch initiatives to
counter, and conduct demonstration projects on fatigued
driving by drivers of motor vehicles and distracted
driving in such vehicles, including the effect that the
use of electronic devices and other factors deemed
relevant by the Secretary have on driving;
[(4) conduct training or education programs in
cooperation with other Federal departments and
agencies, States, private sector persons, highway
safety personnel, and law enforcement personnel;
[(5) conduct research on, and evaluate the
effectiveness of, traffic safety countermeasures,
including seat belts and impaired driving initiatives;
[(6) conduct research on, evaluate, and develop best
practices related to driver education programs
(including driver education curricula, instructor
training and certification, program administration and
delivery mechanisms) and make recommendations for
harmonizing driver education and multistage graduated
licensing systems;
[(7) conduct research, training, and education
programs related to older drivers;
[(8) conduct demonstration projects; and
[(9) conduct research, training, and programs
relating to motorcycle safety, including impaired
driving.
[(b) Drugs and Driver Behavior.--In addition to the research
authorized by subsection (a), the Secretary, in consultation
with other Government and private agencies as may be necessary,
is authorized to carry out safety research on the following:
[(1) The relationship between the consumption and use
of drugs and their effect upon highway safety and
drivers of motor vehicles.
[(2) Driver behavior research, including the
characteristics of driver performance, the
relationships of mental and physical abilities or
disabilities to the driving task, and the relationship
of frequency of driver crash involvement to highway
safety.
[(3) Measures that may deter drugged driving.
[(4) Programs to train law enforcement officers on
motor vehicle pursuits conducted by the officers.
[(5) Technology to detect drug use and enable States
to efficiently process toxicology evidence.
[(6) Research on the effects of illicit drugs and the
compound effects of alcohol and illicit drugs on
impairment.
[(c) The research authorized by subsections (a) and (b) of
this section may be conducted by the Secretary through grants
and contracts with public and private agencies, institutions,
and individuals.
[(d) The Secretary may, where he deems it to be in
furtherance of the purposes of section 402 of this title, vest
in State or local agencies, on such terms and conditions as he
deems appropriate, title to equipment purchased for
demonstration projects with funds authorized by this section.
[(e) In addition to the research authorized by subsection (a)
of this section, the Secretary shall, either independently or
in cooperation with other Federal departments or agencies,
conduct research into, and make grants to or contracts with
State or local agencies, institutions, and individuals for
projects to demonstrate the administrative adjudication of
traffic infractions. Such administrative adjudication
demonstration projects shall be designed to improve highway
safety by developing fair, efficient, and effective processes
and procedures for traffic infraction adjudication, utilizing
appropriate punishment, training, and rehabilitative measures
for traffic offenders. The Secretary shall report to Congress
by July 1, 1975, and each year thereafter during the
continuance of the program, on the research and demonstration
projects authorized by this subsection, and shall include in
such report a comparison of the fairness, efficiency, and
effectiveness of administrative adjudication of traffic
infractions with other methods of handling such infractions.
[(f) Collaborative Research and Development.--
[(1) In general.--For the purpose of encouraging
innovative solutions to highway safety problems,
stimulating voluntary improvements in highway safety,
and stimulating the marketing of new highway safety-
related technology by private industry, the Secretary
is authorized to undertake, on a cost-shared basis,
collaborative research and development with non-Federal
entities, including State and local governments,
colleges, and universities and corporations,
partnerships, sole proprietorships, and trade
associations that are incorporated or established under
the laws of any State or the United States. This
collaborative research may include crash data
collection and analysis; driver and pedestrian
behavior; and demonstrations of technology.
[(2) Cooperative agreements.--In carrying out this
subsection, the Secretary may enter into cooperative
research and development agreements, as defined in
section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a); except that
in entering into such agreements, the Secretary may
agree to provide not more than 50 percent of the cost
of any research or development project selected by the
Secretary under this subsection.
[(3) Project selection.--In selecting projects to be
conducted under this subsection, the Secretary shall
establish a procedure to consider the views of experts
and the public concerning the project areas.
[(4) Applicability of Stevenson-Wydler Technology
Innovation Act.--The research, development, or
utilization of any technology pursuant to an agreement
under the provisions of this subsection, including the
terms under which technology may be licensed and the
resulting royalties may be distributed, shall be
subject to the provisions of the Stevenson-Wydler
Technology Innovation Act of 1980.
[(g) International Cooperation.--The Administrator of the
National Highway Traffic Safety Administration may participate
and cooperate in international activities to enhance highway
safety.]
403. Highway safety research and development
(a) Defined Term.--In this section, the term ``Federal
laboratory'' includes--
(1) a government-owned, government-operated
laboratory; and
(2) a government-owned, contractor-operated
laboratory.
(b) General Authority.--
(1) Research and development activities.--The
Secretary may conduct research and development
activities, including demonstration projects and the
collection and analysis of highway and motor vehicle
safety data and related information needed to carry out
this section, with respect to--
(A) all aspects of highway and traffic safety
systems and conditions relating to--
(i) vehicle, highway, driver,
passenger, motorcyclist, bicyclist, and
pedestrian characteristics;
(ii) accident causation and
investigations;
(iii) communications;
(iv) emergency medical services; and
(v) transportation of the injured;
(B) human behavioral factors and their effect
on highway and traffic safety, including--
(i) driver education;
(ii) impaired driving;
(iii) distracted driving; and
(iv) new technologies installed in,
or brought into, vehicles;
(C) an evaluation of the effectiveness of
countermeasures to increase highway and traffic
safety, including occupant protection and
alcohol- and drug-impaired driving technologies
and initiatives; and
(D) the effect of State laws on any aspects,
activities, or programs described in
subparagraphs (A) through (C).
(2) Cooperation, grants, and contracts.--The
Secretary may carry out this section--
(A) independently;
(B) in cooperation with other Federal
departments, agencies, and instrumentalities
and Federal laboratories;
(C) by entering into contracts, cooperative
agreements, and other transactions with the
National Academy of Sciences, any Federal
laboratory, State or local agency, authority,
association, institution, foreign country, or
person (as defined in chapter 1 of title 1); or
(D) by making grants to the National Academy
of Sciences, any Federal laboratory, State or
local agency, authority, association,
institution, or person (as defined in chapter 1
of title 1).
(c) Collaborative Research and Development.--
(1) In general.--To encourage innovative solutions to
highway safety problems, stimulate voluntary
improvements in highway safety, and stimulate the
marketing of new highway safety related technology by
private industry, the Secretary is authorized to carry
out, on a cost-shared basis, collaborative research and
development with--
(A) non-Federal entities, including State and
local governments, foreign countries, colleges,
universities, corporations, partnerships, sole
proprietorships, organizations serving the
interests of children, people with
disabilities, low-income populations, and older
adults, and trade associations that are
incorporated or established under the laws of
any State or the United States; and
(B) Federal laboratories.
(2) Agreements.--In carrying out this subsection, the
Secretary may enter into cooperative research and
development agreements (as defined in section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a)) in which the Secretary provides not more
than 50 percent of the cost of any research or
development project under this subsection.
(3) Use of technology.--The research, development, or
use of any technology pursuant to an agreement under
this subsection, including the terms under which
technology may be licensed and the resulting royalties
may be distributed, shall be subject to the provisions
of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3701 et seq.).
(d) Title to Equipment.--In furtherance of the purposes set
forth in section 402, the Secretary may vest title to equipment
purchased for demonstration projects with funds authorized
under this section to State or local agencies on such terms and
conditions as the Secretary determines to be appropriate.
(e) Training.--Notwithstanding the apportionment formula set
forth in section 402(c)(2), 1 percent of the total amount
available for apportionment to the States for highway safety
programs under section 402(c) in each fiscal year shall be
available, through the end of the succeeding fiscal year, to
the Secretary, acting through the Administrator of the National
Highway Traffic Safety Administration--
(1) to provide training, conducted or developed by
Federal or non-Federal entity or personnel, to Federal,
State, and local highway safety personnel; and
(2) to pay for any travel, administrative, and other
expenses related to such training.
(f) Driver Licensing and Fitness To Drive Clearinghouse.--
From amounts made available under this section, the Secretary,
acting through the Administrator of the National Highway
Traffic Safety Administration, is authorized to expend
$1,280,000 between the date of enactment of the Motor Vehicle
and Highway Safety Improvement Act of 2011 and September 30,
2013, to establish an electronic clearinghouse and technical
assistance service to collect and disseminate research and
analysis of medical and technical information and best
practices concerning drivers with medical issues that may be
used by State driver licensing agencies in making licensing
qualification decisions.
(g) International Highway Safety Information and
Cooperation.--
(1) Establishment.--The Secretary, acting through the
Administrator of the National Highway Traffic Safety
Administration, may establish an international highway
safety information and cooperation program to--
(A) inform the United States highway safety
community of laws, projects, programs, data,
and technology in foreign countries that could
be used to enhance highway safety in the United
States;
(B) permit the exchange of information with
foreign countries about laws, projects,
programs, data, and technology that could be
used to enhance highway safety; and
(C) allow the Secretary, represented by the
Administrator, to participate and cooperate in
international activities to enhance highway
safety.
(2) Cooperation.--The Secretary may carry out this
subsection in cooperation with any appropriate Federal
agency, State or local agency or authority, foreign
government, or multinational institution.
(h) Prohibition on Certain Disclosures.--Any report of the
National Highway Traffic Safety Administration, or of any
officer, employee, or contractor of the National Highway
Traffic Safety Administration, relating to any highway traffic
accident or the investigation of such accident conducted
pursuant to this chapter or chapter 301 shall be made available
to the public in a manner that does not identify individuals.
(i) Model Specifications for Devices.--The Secretary, acting
through the Administrator of the National Highway Traffic
Safety Administration, may--
(1) develop model specifications and testing
procedures for devices, including devices designed to
measure the concentration of alcohol in the body;
(2) conduct periodic tests of such devices;
(3) publish a Conforming Products List of such
devices that have met the model specifications; and
(4) may require that any necessary tests of such
devices are conducted by a Federal laboratory and paid
for by the device manufacturers.
[405. Occupant protection incentive grants
[(a) General Authority.--
[(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make
grants under this section to States that adopt and
implement effective programs to reduce highway deaths
and injuries resulting from individuals riding
unrestrained or improperly restrained in motor
vehicles. Such grants may be used by recipient States
only to implement and enforce, as appropriate, such
programs.
[(2) Maintenance of effort.--No grant may be made to
a State under this section in any fiscal year unless
the State enters into such agreements with the
Secretary as the Secretary may require to ensure that
the State will maintain its aggregate expenditures from
all other sources for programs described in paragraph
(1) at or above the average level of such expenditures
in its 2 fiscal years preceding the date of enactment
of the SAFETEA-LU.
[(3) Maximum period of eligibility.--No State may
receive grants under this section in more than 9 fiscal
years beginning after September 30, 2003.
[(4) Federal share.--The Federal share of the cost of
implementing and enforcing, as appropriate, in a fiscal
year a program adopted by a State pursuant to paragraph
(1) shall not exceed--
[(A) in each of the first and second fiscal
years beginning after September 30, 2003, in
which the State receives a grant under this
section, 75 percent;
[(B) in each of the third and fourth fiscal
years beginning after September 30, 2003, in
which the State receives a grant under this
section, 50 percent; and
[(C) in each of the fifth through ninth
fiscal years beginning after September 30,
2003, in which the State receives a grant under
this section, 25 percent.
[(b) Grant Eligibility.--A State shall become eligible for a
grant under this section by adopting or demonstrating to the
satisfaction of the Secretary at least 4 of the following:
[(1) Safety belt use law.--The State has in effect a
safety belt use law that makes unlawful throughout the
State the operation of a passenger motor vehicle
whenever an individual (other than a child who is
secured in a child restraint system) in the front seat
of the vehicle (and, beginning in fiscal year 2001, in
any seat in the vehicle) does not have a safety belt
properly secured about the individual's body.
[(2) Primary safety belt use law.--The State provides
for primary enforcement of the safety belt use law of
the State.
[(3) Minimum fine or penalty points.--The State
imposes a minimum fine or provides for the imposition
of penalty points against the driver's license of an
individual--
[(A) for a violation of the safety belt use
law of the State; and
[(B) for a violation of the child passenger
protection law of the State.
[(4) Special traffic enforcement program.--The State
has implemented a statewide special traffic enforcement
program for occupant protection that emphasizes
publicity for the program.
[(5) Child passenger protection education program.--
The State has implemented a statewide comprehensive
child passenger protection education program that
includes education programs about proper seating
positions for children in air bag equipped motor
vehicles and instruction on how to reduce the improper
use of child restraint systems.
[(6) Child passenger protection law.--The State has
in effect a law that requires minors who are riding in
a passenger motor vehicle to be properly secured in a
child safety seat or other appropriate restraint
system.
[(c) Grant Amounts.--The amount of a grant for which a State
qualifies under this section for a fiscal year shall equal up
to 100 percent of the amount apportioned to the State for
fiscal year 2003 under section 402.
[(d) [Repealed]
[(e) Applicability of Chapter 1.--The provisions contained in
section 402(d) shall apply to this section.
[(f) Definitions.--In this section, the following definitions
apply:
[(1) Child safety seat.--The term ``child safety
seat'' means any device (except safety belts) designed
for use in a motor vehicle to restrain, seat, or
position a child who weighs 50 pounds or less.
[(2) Motor vehicle.--The term ``motor vehicle'' means
a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public streets,
roads, and highways, but does not include a vehicle
operated only on a rail line.
[(3) Multipurpose passenger vehicle.--The term
``multipurpose passenger vehicle'' means a motor
vehicle with motive power (except a trailer), designed
to carry not more than 10 individuals, that is
constructed either on a truck chassis or with special
features for occasional off-road operation.
[(4) Passenger car.--The term ``passenger car'' means
a motor vehicle with motive power (except a
multipurpose passenger vehicle, motorcycle, or trailer)
designed to carry not more than 10 individuals.
[(5) Passenger motor vehicle.--The term ``passenger
motor vehicle'' means a passenger car or a multipurpose
passenger motor vehicle.
[(6) Safety belt.--The term ``safety belt'' means--
[(A) with respect to open-body passenger
vehicles, including convertibles, an occupant
restraint system consisting of a lap belt or a
lap belt and a detachable shoulder belt; and
[(B) with respect to other passenger
vehicles, an occupant restraint system
consisting of integrated lap and shoulder
belts.]
405. Combined occupant protection grants
(a) General Authority.--Subject to the requirements of this
section, the Secretary of Transportation shall award grants to
States that adopt and implement effective occupant protection
programs to reduce highway deaths and injuries resulting from
individuals riding unrestrained or improperly restrained in
motor vehicles.
(b) Federal Share.--The Federal share of the costs of
activities funded using amounts from grants awarded under this
section may not exceed 80 percent for each fiscal year for
which a State receives a grant.
(c) Eligibility.--
(1) High seat belt use rate.--A State with an
observed seat belt use rate of 90 percent or higher,
based on the most recent data from a survey that
conforms with national criteria established by the
National Highway Traffic Safety Administration, shall
be eligible for a grant in a fiscal year if the State--
(A) submits an occupant protection plan
during the first fiscal year;
(B) participates in the Click It or Ticket
national mobilization;
(C) has an active network of child restraint
inspection stations; and
(D) has a plan to recruit, train, and
maintain a sufficient number of child passenger
safety technicians.
(2) Lower seat belt use rate.--A State with an
observed seat belt use rate below 90 percent, based on
the most recent data from a survey that conforms with
national criteria established by the National Highway
Traffic Safety Administration, shall be eligible for a
grant in a fiscal year if--
(A) the State meets all of the requirements
under subparagraphs (A) through (D) of
paragraph (1); and
(B) the Secretary determines that the State
meets at least 3 of the following criteria:
(i) The State conducts sustained (on-
going and periodic) seat belt
enforcement at a defined level of
participation during the year.
(ii) The State has enacted and
enforces a primary enforcement seat
belt use law.
(iii) The State has implemented
countermeasure programs for high-risk
populations, such as drivers on rural
roadways, unrestrained nighttime
drivers, or teenage drivers.
(iv) The State has enacted and
enforces occupant protection laws
requiring front and rear occupant
protection use by all occupants in an
age-appropriate restraint.
(v) The State has implemented a
comprehensive occupant protection
program in which the State has--
(I) conducted a program
assessment;
(II) developed a statewide
strategic plan;
(III) designated an occupant
protection coordinator; and
(IV) established a statewide
occupant protection task force.
(vi) The State--
(I) completed an assessment
of its occupant protection
program during the 3-year
period preceding the grant
year; or
(II) will conduct such an
assessment during the first
year of the grant.
(d) Use of Grant Amounts.--Grant funds received pursuant to
this section may be used to--
(1) carry out a program to support high-visibility
enforcement mobilizations, including paid media that
emphasizes publicity for the program, and law
enforcement;
(2) carry out a program to train occupant protection
safety professionals, police officers, fire and
emergency medical personnel, educators, and parents
concerning all aspects of the use of child restraints
and occupant protection;
(3) carry out a program to educate the public
concerning the proper use and installation of child
restraints, including related equipment and information
systems;
(4) carry out a program to provide community child
passenger safety services, including programs about
proper seating positions for children and how to reduce
the improper use of child restraints;
(5) purchase and distribute child restraints to low-
income families if not more than 5 percent of the funds
received in a fiscal year are used for this purpose;
(6) establish and maintain information systems
containing data concerning occupant protection,
including the collection and administration of child
passenger safety and occupant protection surveys; and
(7) carry out a program to educate the public
concerning the dangers of leaving children unattended
in vehicles.
(e) Grant Amount.--The allocation of grant funds under this
section to a State for a fiscal year shall be in proportion to
the State's apportionment under section 402 for fiscal year
2009.
(f) Report.--A State that receives a grant under this section
shall submit a report to the Secretary that documents the
manner in which the grant amounts were obligated and expended
and identifies the specific programs carried out with the grant
funds. The report shall be in a form prescribed by the
Secretary and may be combined with other State grant reporting
requirements under chapter 4 of title 23, United States Code.
(g) Definitions.--In this section:
(1) Child restraint.--The term ``child restraint''
means any device (including child safety seat, booster
seat, harness, and excepting seat belts) designed for
use in a motor vehicle to restrain, seat, or position
children who weigh 65 pounds (30 kilograms) or less,
and certified to the Federal motor vehicle safety
standard prescribed by the National Highway Traffic
Safety Administration for child restraints.
(2) Seat belt.--The term ``seat belt'' means--
(A) with respect to open-body motor vehicles,
including convertibles, an occupant restraint
system consisting of a lap belt or a lap belt
and a detachable shoulder belt; and
(B) with respect to other motor vehicles, an
occupant restraint system consisting of
integrated lap and shoulder belts.
[408. State traffic safety information system improvements
[(a) Grant Authority.--Subject to the requirements of this
section, the Secretary shall make grants to eligible States to
support the development and implementation of effective
programs by such States to--
[(1) improve the timeliness, accuracy, completeness,
uniformity, integration, and accessibility of the
safety data of the State that is needed to identify
priorities for national, State, and local highway and
traffic safety programs;
[(2) evaluate the effectiveness of efforts to make
such improvements;
[(3) link the State data systems, including traffic
records, with other data systems within the State, such
as systems that contain medical, roadway, and economic
data; and
[(4) improve the compatibility and interoperability
of the data systems of the State with national data
systems and data systems of other States and enhance
the ability of the Secretary to observe and analyze
national trends in crash occurrences, rates, outcomes,
and circumstances.
[(b) First-Year Grants.--To be eligible for a first-year
grant under this section in a fiscal year, a State shall
demonstrate to the satisfaction of the Secretary that the State
has--
[(1) established a highway safety data and traffic
records coordinating committee with a multidisciplinary
membership that includes, among others, managers,
collectors, and users of traffic records and public
health and injury control data systems; and
[(2) developed a multiyear highway safety data and
traffic records system strategic plan--
[(A) that addresses existing deficiencies in
the State's highway safety data and traffic
records system;
[(B) that is approved by the highway safety
data and traffic records coordinating
committee;
[(C) that specifies how existing deficiencies
in the State's highway safety data and traffic
records system were identified;
[(D) that prioritizes, on the basis of the
identified highway safety data and traffic
records system deficiencies of the State, the
highway safety data and traffic records system
needs and goals of the State, including the
activities under subsection (a);
[(E) that identifies performance-based
measures by which progress toward those goals
will be determined; and
[(F) that specifies how the grant funds and
any other funds of the State are to be used to
address needs and goals identified in the
multiyear plan.
[(c) Successive Year Grants.--A State shall be eligible for a
grant under this subsection in a fiscal year succeeding the
first fiscal year in which the State receives a grant under
subsection (b) if the State--
[(1) certifies to the Secretary that an assessment or
audit of the State's highway safety data and traffic
records system has been conducted or updated within the
preceding 5 years;
[(2) certifies to the Secretary that its highway
safety data and traffic records coordinating committee
continues to operate and supports the multiyear plan;
[(3) specifies how the grant funds and any other
funds of the State are to be used to address needs and
goals identified in the multiyear plan;
[(4) demonstrates to the Secretary measurable
progress toward achieving the goals and objectives
identified in the multiyear plan; and
[(5) submits to the Secretary a current report on the
progress in implementing the multiyear plan.
[(d) Grant Amount.--Subject to subsection (e)(3), the amount
of a year grant made to a State for a fiscal year under this
section shall equal the higher of--
[(1) the amount determined by multiplying--
[(A) the amount appropriated to carry out
this section for such fiscal year, by
[(B) the ratio that the funds apportioned to
the State under section 402 for fiscal year
2003 bears to the funds apportioned to all
States under such section for fiscal year 2003;
or
[(2) (A) $300,000 in the case of the first fiscal
year a grant is made to a State under this section
after the date of enactment of this subparagraph; or
[(B) $500,000 in the case of a succeeding
fiscal year a grant is made to the State under
this section after such date of enactment.
[(e) Additional Requirements and Limitations.--
[(1) Model data elements.--The Secretary, in
consultation with States and other appropriate parties,
shall determine the model data elements that are useful
for the observation and analysis of State and national
trends in occurrences, rates, outcomes, and
circumstances of motor vehicle traffic accidents. In
order to be eligible for a grant under this section, a
State shall submit to the Secretary a certification
that the State has adopted and uses such model data
elements, or a certification that the State will use
grant funds provided under this section toward adopting
and using the maximum number of such model data
elements as soon as practicable.
[(2) Data on use of electronic devices.--The model
data elements required under paragraph (1) shall
include data elements, as determined appropriate by the
Secretary, in consultation with the States and
appropriate elements of the law enforcement community,
on the impact on traffic safety of the use of
electronic devices while driving.
[(3) Maintenance of effort.--No grant may be made to
a State under this section in any fiscal year unless
the State enters into such agreements with the
Secretary as the Secretary may require to ensure that
the State will maintain its aggregate expenditures from
all other sources for highway safety data programs at
or above the average level of such expenditures
maintained by such State in the 2 fiscal years
preceding the date of enactment of the SAFETEA-LU.
[(4) Federal share.--The Federal share of the cost of
adopting and implementing in a fiscal year a State
program described in subsection (a) may not exceed 80
percent.
[(5) Limitation on use of grant proceeds.--A State
may use the proceeds of a grant received under this
section only to implement the program described in
subsection (a) for which the grant is made.
[(f) Applicability of Chapter 1.--Section 402(d) of this
title shall apply in the administration of this section.]
408. State traffic safety information system improvements
(a) General Authority.--Subject to the requirements of this
section, the Secretary of Transportation shall award grants to
States to support the development and implementation of
effective State programs that--
(1) improve the timeliness, accuracy, completeness,
uniformity, integration, and accessibility of the State
safety data that is needed to identify priorities for
Federal, State, and local highway and traffic safety
programs;
(2) evaluate the effectiveness of efforts to make
such improvements;
(3) link the State data systems, including traffic
records, with other data systems within the State, such
as systems that contain medical, roadway, and economic
data;
(4) improve the compatibility and interoperability of
the data systems of the State with national data
systems and data systems of other States; and
(5) enhance the ability of the Secretary to observe
and analyze national trends in crash occurrences,
rates, outcomes, and circumstances.
(b) Federal Share.--The Federal share of the cost of adopting
and implementing in a fiscal year a State program described in
this section may not exceed 80 percent.
(c) Eligibility.--A State is not eligible for a grant under
this section in a fiscal year unless the State demonstrates, to
the satisfaction of the Secretary, that the State--
(1) has a functioning traffic records coordinating
committee (referred to in this subsection as ``TRCC'')
that meets at least 3 times a year;
(2) has designated a TRCC coordinator;
(3) has established a State traffic record strategic
plan that has been approved by the TRCC and describes
specific quantifiable and measurable improvements
anticipated in the State's core safety databases,
including crash, citation or adjudication, driver,
emergency medical services or injury surveillance
system, roadway, and vehicle databases;
(4) has demonstrated quantitative progress in
relation to the significant data program attribute of--
(A) accuracy;
(B) completeness;
(C) timeliness;
(D) uniformity;
(E) accessibility; or
(F) integration of a core highway safety
database; and
(5) has certified to the Secretary that an assessment
of the State's highway safety data and traffic records
system was conducted or updated during the preceding 5
years.
(d) Use of Grant Amounts.--Grant funds received by a State
under this section shall be used for making data program
improvements to core highway safety databases related to
quantifiable, measurable progress in any of the 6 significant
data program attributes set forth in subsection (c)(4).
(e) Grant Amount.--The allocation of grant funds under this
section to a State for a fiscal year shall be in proportion to
the State's apportionment under section 402 for fiscal year
2009.
[410. Alcohol-impaired driving countermeasures
[(a) General Authority.--
[(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make
grants to States that adopt and implement effective
programs to reduce traffic safety problems resulting
from individuals driving while under the influence of
alcohol. Such grants may only be used by recipient
States to implement and enforce such programs.
[(2) Maintenance of effort.--No grant may be made to
a State under this subsection in any fiscal year unless
the State enters into such agreements with the
Secretary as the Secretary may require to ensure that
the State will maintain its aggregate expenditures from
all other sources for alcohol traffic safety programs
at or above the average level of such expenditures in
its 2 fiscal years preceding the date of enactment of
the SAFETEA-LU.
[(3) Federal share.--The Federal share of the cost of
implementing and enforcing in a fiscal year a program
adopted by a State pursuant to paragraph (1) shall not
exceed--
[(A) in each of the first and second fiscal
years in which the State receives a grant under
this section, 75 percent;
[(B) in each of the third and fourth fiscal
years in which the State receives a grant under
this section, 50 percent; and
[(C) in each of the fifth through eleventh
fiscal years in which the State receives a
grant under this section, 25 percent.
[(b) Eligibility Requirements.--To be eligible for a grant
under subsection (a), a State shall--
[(1) have an alcohol related fatality rate of 0.5 or
less per 100,000,000 vehicle miles traveled as of the
date of the grant, as determined by the Secretary using
the most recent Fatality Analysis Reporting System of
the National Highway Traffic Safety Administration; or
[(2)
[(A) for fiscal year 2006 by carrying out 3
of the programs and activities under subsection
(c);
[(B) for fiscal year 2007 by carrying out 4
of the programs and activities under subsection
(c); or
[(C) for each of fiscal years 2008 through
2012 by carrying out 5 of the programs and
activities under subsection (c).
[(c) State Programs and Activities.--The programs and
activities referred to in subsection (b) are the following:
[(1) Check point, saturation patrol program.--A State
program to conduct a series of high visibility,
statewide law enforcement campaigns in which law
enforcement personnel monitor for impaired driving,
either through the use of sobriety check points or
saturation patrols, on a nondiscriminatory, lawful
basis for the purpose of determining whether the
operators of the motor vehicles are driving while under
the influence of alcohol--
[(A) if the State organizes the campaigns in
cooperation with related periodic national
campaigns organized by the National Highway
Traffic Safety Administration, except that this
subparagraph does not preclude a State from
initiating sustained high visibility, Statewide
law enforcement campaigns independently of the
cooperative efforts; and
[(B) if, for each fiscal year, the State
demonstrates to the Secretary that the State
and the political subdivisions of the State
that receive funds under this section have
increased, in the aggregate, the total number
of impaired driving law enforcement activities
at high incident locations (or any other
similar activity approved by the Secretary)
initiated in such State during the preceding
fiscal year by a factor that the Secretary
determines meaningful for the State over the
number of such activities initiated in such
State during the preceding fiscal year.
[(2) Prosecution and adjudication outreach program.--
A State prosecution and adjudication program under
which--
[(A) the State works to reduce the use of
diversion programs by educating and informing
prosecutors and judges through various outreach
methods about the benefits and merits of
prosecuting and adjudicating defendants who
repeatedly commit impaired driving offenses;
[(B) the courts in a majority of the judicial
jurisdictions of the State are monitored on the
courts' adjudication of cases of impaired
driving offenses; or
[(C) annual statewide outreach is provided
for judges and prosecutors on innovative
approaches to the prosecution and adjudication
of cases of impaired driving offenses that have
the potential for significantly improving the
prosecution and adjudication of such cases.
[(3) Testing of bac.--An effective system for
increasing from the previous year the rate of blood
alcohol concentration testing of motor vehicle drivers
involved in fatal accidents.
[(4) High risk drivers.--A law that establishes
stronger sanctions or additional penalties for
individuals convicted of operating a motor vehicle
while under the influence of alcohol whose blood
alcohol concentration is 0.15 percent or more than for
individuals convicted of the same offense but with a
lower blood alcohol concentration. For purposes of this
paragraph, ``additional penalties'' includes--
[(A) a 1-year suspension of a driver's
license, but with the individual whose license
is suspended becoming eligible after 45 days of
such suspension to obtain a provisional
driver's license that would permit the
individual to drive--
[(i) only to and from the
individual's place of employment or
school; and
[(ii) only in an automobile equipped
with a certified alcohol ignition
interlock device; and
[(B) a mandatory assessment by a certified
substance abuse official of whether the
individual has an alcohol abuse problem with
possible referral to counseling if the official
determines that such a referral is appropriate.
[(5) Programs for effective alcohol rehabilitation
and dwi courts.--A program for effective inpatient and
outpatient alcohol rehabilitation based on mandatory
assessment and appropriate treatment for repeat
offenders or a program to refer impaired driving cases
to courts that specialize in driving while impaired
cases that emphasize the close supervision of high-risk
offenders.
[(6) Underage drinking program.--An effective
strategy, as determined by the Secretary, for
preventing operators of motor vehicles under age 21
from obtaining alcoholic beverages and for preventing
persons from making alcoholic beverages available to
individuals under age 21. Such a strategy may include--
[(A) the issuance of tamper-resistant
drivers' licenses to individuals under age 21
that are easily distinguishable in appearance
from drivers' licenses issued to individuals
age 21 or older; and
[(B) a program provided by a nonprofit
organization for training point of sale
personnel concerning, at a minimum--
[(i) the clinical effects of alcohol;
[(ii) methods of preventing second
party sales of alcohol;
[(iii) recognizing signs of
intoxication;
[(iv) methods to prevent underage
drinking; and
[(v) Federal, State, and local laws
that are relevant to such personnel;
and
[(C) having a law in effect that creates a
0.02 percent blood alcohol content limit for
drivers under 21 years old.
[(7) Administrative license revocation.--An
administrative driver's license suspension or
revocation system for individuals who operate motor
vehicles while under the influence of alcohol that
requires that--
[(A) in the case of an individual who, in any
5-year period beginning after the date of
enactment of the Transportation Equity Act for
the 21st Century, is determined on the basis of
a chemical test to have been operating a motor
vehicle while under the influence of alcohol or
is determined to have refused to submit to such
a test as proposed by a law enforcement
officer, the State agency responsible for
administering drivers' licenses, upon receipt
of the report of the law enforcement officer--
[(i) suspend the driver's license of
such individual for a period of not
less than 90 days if such individual is
a first offender in such 5-year period;
except that under such suspension an
individual may operate a motor vehicle,
after the 15-day period beginning on
the date of the suspension, to and from
employment, school, or an alcohol
treatment program if an ignition
interlock device is installed on each
of the motor vehicles owned or
operated, or both, by the individual;
and
[(ii) suspend the driver's license of
such individual for a period of not
less than 1 year, or revoke such
license, if such individual is a repeat
offender in such 5-year period; except
that such individual to operate a motor
vehicle, after the 45-day period
beginning on the date of the suspension
or revocation, to and from employment,
school, or an alcohol treatment program
if an ignition interlock device is
installed on each of the motor vehicles
owned or operated, or both, by the
individual; and
[(B) the suspension and revocation referred
to under clauses (i) and (ii) take effect not
later than 30 days after the date on which the
individual refused to submit to a chemical test
or received notice of having been determined to
be driving under the influence of alcohol, in
accordance with the procedures of the State.
[(8) Self sustaining impaired driving prevention
program.--A program under which a significant portion
of the fines or surcharges collected from individuals
who are fined for operating a motor vehicle while under
the influence of alcohol are returned to communities
for comprehensive programs for the prevention of
impaired driving.
[(d) Uses of Grants.--Subject to subsection (g)(2), grants
made under this section may be used for all programs and
activities described in subsection (c), and to defray the
following costs:
[(1) Labor costs, management costs, and equipment
procurement costs for the high visibility, Statewide
law enforcement campaigns under subsection (c)(1).
[(2) The costs of the training of law enforcement
personnel and the procurement of technology and
equipment, including video equipment and passive
alcohol sensors, to counter directly impaired operation
of motor vehicles.
[(3) The costs of public awareness, advertising, and
educational campaigns that publicize use of sobriety
check points or increased law enforcement efforts to
counter impaired operation of motor vehicles.
[(4) The costs of public awareness, advertising, and
educational campaigns that target impaired operation of
motor vehicles by persons under 34 years of age.
[(5) The costs of the development and implementation
of a State impaired operator information system.
[(6) The costs of operating programs that result in
vehicle forfeiture or impoundment or license plate
impoundment.
[(e) Additional Authorities for Certain Authorized Uses.--
[(1) Combination of grant proceeds.--Grant funds used
for a campaign under subsection (d)(3) may be combined,
or expended in coordination, with proceeds of grants
under section 402.
[(2) Coordination of uses.--Grant funds used for a
campaign under paragraph (3) or (4) of subsection (d)
may be expended--
[(A) in coordination with employers, schools,
entities in the hospitality industry, and
nonprofit traffic safety groups; and
[(B) in coordination with sporting events and
concerts and other entertainment events.
[(f) Allocation.--Subject to subsection (g), funds made
available to carry out this section shall be allocated among
States that meet the eligibility criteria in subsection (b) on
the basis of the apportionment formula under section 402(c).
[(g) Grants to High Fatality Rate States.--
[(1) In general.--The Secretary shall make a separate
grant under this section to each State that--
[(A) is among the 10 States with the highest
impaired driving related fatalities as
determined by the Secretary using the most
recent Fatality Analysis Reporting System of
the National Highway Traffic Safety
Administration; and
[(B) prepares a plan for grant expenditures
under this subsection that is approved by the
Administrator of the National Highway Traffic
Safety Administration.
[(2) Required uses.--At least one-half of the amounts
allocated to States under this subsection may only be
used for the program described in subsection (c)(1).
[(3) Allocation.--Funds made available under this
subsection shall be allocated among States described in
paragraph (1) on the basis of the apportionment formula
under section 402(c), except that no State shall be
allocated more than 30 percent of the funds made
available to carry out this subsection for a fiscal
year.
[(4) Funding.--Not more than 15 percent per fiscal
year of amounts made available to carry out this
section for a fiscal year shall be made available by
the Secretary for making grants under this subsection.
[(h) Applicability of Chapter 1.--The provisions contained in
section 402(d) shall apply to this section.
[(i) Definitions.--In this section, the following definitions
apply:
[(1) Alcoholic beverage.--The term ``alcoholic
beverage'' has the meaning given such term in section
158(c).
[(2) Controlled substances.--The term ``controlled
substances'' has the meaning given such term in section
102(6) of the Controlled Substances Act (21 U.S.C.
802(6)).
[(3) Motor vehicle.--The term ``motor vehicle'' has
the meaning given such term in section 405.
[(4) Impaired operator.--The term ``impaired
operator'' means a person who, while operating a motor
vehicle--
[(A) has a blood alcohol content of 0.08
percent or higher; or
[(B) is under the influence of a controlled
substance.
[(5) Impaired driving related fatality rate.--The
term ``impaired driving related fatality rate'' means
the rate of alcohol related fatalities, as calculated
in accordance with regulations which the Administrator
of the National Highway Traffic Safety Administration
shall prescribe.]
410. Impaired driving countermeasures
(a) Grants Authorized.--Subject to the requirements of this
section, the Secretary of Transportation shall award grants to
States that adopt and implement--
(1) effective programs to reduce driving under the
influence of alcohol, drugs, or the combination of
alcohol and drugs; or
(2) alcohol-ignition interlock laws.
(b) Federal Share.--The Federal share of the costs of
activities funded using amounts from grants under this section
may not exceed 80 percent in any fiscal year in which the State
receives a grant.
(c) Eligibility.--
(1) Low-range states.--Low-range States shall be
eligible for a grant under this section.
(2) Mid-range states.--A mid-range State shall be
eligible for a grant under this section if--
(A) a statewide impaired driving task force
in the State developed a statewide plan during
the most recent 3 calendar years to address the
problem of impaired driving; or
(B) the State will convene a statewide
impaired driving task force to develop such a
plan during the first year of the grant.
(3) High-range states.--A high-range State shall be
eligible for a grant under this section if the State--
(A)(i) conducted an assessment of the State's
impaired driving program during the most recent
3 calendar years; or
(ii) will conduct such an assessment
during the first year of the grant;
(B) convenes, during the first year of the
grant, a statewide impaired driving task force
to develop a statewide plan that--
(i) addresses any recommendations
from the assessment conducted under
subparagraph (A);
(ii) includes a detailed plan for
spending any grant funds provided under
this section; and
(iii) describes how such spending
supports the statewide program;
(C)(i) submits the statewide plan to the
National Highway Traffic Safety Administration
during the first year of the grant for the
agency's review and approval;
(ii) annually updates the statewide
plan in each subsequent year of the
grant; and
(iii) submits each updated statewide
plan for the agency's review and
comment; and
(D) appoints a full or part-time impaired
driving coordinator--
(i) to coordinate the State's
activities to address enforcement and
adjudication of laws to address driving
while impaired by alcohol; and
(ii) to oversee the implementation of
the statewide plan.
(d) Use of Grant Amounts.--
(1) Required programs.--High-range States shall use
grant funds for--
(A) high visibility enforcement efforts; and
(B) any of the activities described in
paragraph (2) if--
(i) the activity is described in the
statewide plan; and
(ii) the Secretary approves the use
of funding for such activity.
(2) Authorized programs.--Medium-range and low-range
States may use grant funds for--
(A) any of the purposes described in
paragraph (1);
(B) paid and earned media in support of high
visibility enforcement efforts;
(C) hiring a full-time impaired driving
coordinator of the State's activities to
address the enforcement and adjudication of
laws regarding driving while impaired by
alcohol;
(D) court support of high visibility
enforcement efforts;
(E) alcohol ignition interlock programs;
(F) improving blood-alcohol concentration
testing and reporting;
(G) establishing driving while intoxicated
courts;
(H) conducting--
(i) standardized field sobriety
training;
(ii) advanced roadside impaired
driving evaluation training; and
(iii) drug recognition expert
training for law enforcement;
(I) training and education of criminal
justice professionals (including law
enforcement, prosecutors, judges and probation
officers) to assist such professionals in
handling impaired driving cases;
(J) traffic safety resource prosecutors;
(K) judicial outreach liaisons;
(L) equipment and related expenditures used
in connection with impaired driving enforcement
in accordance with criteria established by the
National Highway Traffic Safety Administration;
(M) training on the use of alcohol screening
and brief intervention;
(N) developing impaired driving information
systems; and
(O) costs associated with a ``24-7 sobriety
program''.
(3) Other programs.--Low-range States may use grant
funds for any expenditure designed to reduce impaired
driving based on problem identification. Medium and
high-range States may use funds for such expenditures
upon approval by the Secretary.
(e) Grant Amount.--Subject to subsection (g), the allocation
of grant funds to a State under this section for a fiscal year
shall be in proportion to the State's apportionment under
section 402(c) for fiscal year 2009.
(f) Grants to States That Adopt and Enforce Mandatory
Alcohol-Ignition Interlock Laws.--
(1) In general.--The Secretary shall make a separate
grant under this section to each State that adopts and
is enforcing a mandatory alcohol-ignition interlock law
for all individuals convicted of driving under the
influence of alcohol or of driving while intoxicated.
(2) Use of funds.--Such grants may be used by
recipient States only for costs associated with the
State's alcohol-ignition interlock program, including
screening, assessment, and program and offender
oversight.
(3) Allocation.--Funds made available under this
subsection shall be allocated among States described in
paragraph (1) on the basis of the apportionment formula
under section 402(c).
(4) Funding.--Not more than 15 percent of the amounts
made available to carry out this section in a fiscal
year shall be made available by the Secretary for
making grants under this subsection.
(g) Definitions.--In this section:
(1) 24-7 sobriety program.--The term ``24-7 sobriety
program'' means a State law or program that authorizes
a State court or a State agency, as a condition of
sentence, probation, parole, or work permit, to--
(A) require an individual who plead guilty or
was convicted of driving under the influence of
alcohol or drugs to totally abstain from
alcohol or drugs for a period of time; and
(B) require the individual to be subject to
testing for alcohol or drugs--
(i) at least twice a day;
(ii) by continuous transdermal
alcohol monitoring via an electronic
monitoring device; or
(iii) by an alternate method with the
concurrence of the Secretary.
(2) Average impaired driving fatality rate.--The term
``average impaired driving fatality rate'' means the
number of fatalities in motor vehicle crashes involving
a driver with a blood alcohol concentration of at least
0.08 for every 100,000,000 vehicle miles traveled,
based on the most recently reported 3 calendar years of
final data from the Fatality Analysis Reporting System,
as calculated in accordance with regulations prescribed
by the Administrator of the National Highway Traffic
Safety Administration.
(3) High-range state.--The term ``high-range State''
means a State that has an average impaired driving
fatality rate of 0.60 or higher.
(4) Low-range state.--The term ``low-range State''
means a State that has an average impaired driving
fatality rate of 0.30 or lower.
(5) Mid-range state.--The term ``mid-range State''
means a State that has an average impaired driving
fatality rate that is higher than 0.30 and lower than
0.60.
[411. State highway safety data improvements
[(a) General Authority.--
[(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make
grants to States that adopt and implement effective
programs--
[(A) to improve the timeliness, accuracy,
completeness, uniformity, and accessibility of
the data of the State that is needed to
identify priorities for national, State, and
local highway and traffic safety programs;
[(B) to evaluate the effectiveness of efforts
to make such improvements;
[(C) to link these State data systems,
including traffic records, with other data
systems within the State, such as systems that
contain medical and economic data; and
[(D) to improve the compatibility of the data
system of the State with national data systems
and data systems of other States and to enhance
the ability of the Secretary to observe and
analyze national trends in crash occurrences,
rates, outcomes, and circumstances. Such grants
may be used by recipient States only to
implement such programs.
[(2) Model data elements.--The Secretary, in
consultation with States and other appropriate parties,
shall determine the model data elements necessary to
observe and analyze national trends in crash
occurrences, rates, outcomes, and circumstances. In
order to become eligible for a grant under this
section, a State shall demonstrate how the multiyear
highway safety data and traffic records plan of the
State described in subsection (b)(1) will be
incorporated into data systems of the State.
[(3) Maintenance of effort.--No grant may be made to
a State under this section in any fiscal year unless
the State enters into such agreements with the
Secretary as the Secretary may require to ensure that
the State will maintain its aggregate expenditures from
all other sources for highway safety data programs at
or above the average level of such expenditures in its
2 fiscal years preceding the date of enactment of the
Transportation Equity Act for the 21st Century.
[(4) Maximum period of eligibility.--No State may
receive grants under this section in more than 6 fiscal
years beginning after September 30, 1997.
[(5) Federal share.--The Federal share of the cost of
implementing and enforcing, as appropriate, in a fiscal
year a program adopted by a State pursuant to paragraph
(1) shall not exceed--
[(A) in the first and second fiscal years in
which the State receives a grant under this
section, 75 percent;
[(B) in the third and fourth fiscal years in
which the State receives a grant under this
section, 50 percent; and
[(C) in the fifth and sixth fiscal years in
which the State receives a grant under this
section, 25 percent.
[(b) First-Year Grants.--
[(1) Eligibility.--A State shall become eligible for
a first-year grant under this subsection in a fiscal
year if the State either--
[(A) demonstrates, to the satisfaction of the
Secretary, that the State has--
[(i) established a highway safety
data and traffic records coordinating
committee with a multidisciplinary
membership, including the
administrators, collectors, and users
of such data (including the public
health, injury control, and motor
carrier communities);
[(ii) completed, within the preceding
5 years, a highway safety data and
traffic records assessment or an audit
of the highway safety data and traffic
records system of the State; and
[(iii) initiated the development of a
multiyear highway safety data and
traffic records strategic plan that--
[(I) identifies and
prioritizes the highway safety
data and traffic records needs
and goals of the State;
[(II) identifies performance-
based measures by which
progress toward those goals
will be determined; and
[(III) will be submitted to
the highway safety data and
traffic records coordinating
committee of the State for
approval; or
[(B) provides, to the satisfaction of the
Secretary--
[(i) a certification that the State
has met the requirements of clauses (i)
and (ii) of subparagraph (A);
[(ii) a multiyear highway safety data
and traffic records strategic plan
that--
[(I) meets the requirements
of subparagraph (A)(iii); and
[(II) specifies how the
incentive funds of the State
for the fiscal year will be
used to address needs and goals
identified in the plan; and
[(iii) a certification that the
highway safety data and traffic records
coordinating committee of the State
continues to operate and supports the
multiyear plan described in clause
(ii).
[(2) Grant amounts.--The amount of a first-year grant
made to a State for a fiscal year under this subsection
shall equal--
[(A) if the State is eligible for the grant
under paragraph (1)(A), $125,000; and
[(B) if the State is eligible for the grant
under paragraph (1)(B), an amount determined by
multiplying--
[(i) the amount appropriated to carry
out this section for such fiscal year;
by
[(ii) the ratio that the funds
apportioned to the State under section
402 for fiscal year 1997 bears to the
funds apportioned to all States under
section 402 for fiscal year 1997;
except that no State eligible for a grant under
paragraph (1)(B) shall receive less than $250,000.
[(3) States not meeting criteria.--The Secretary may
award a grant of up to $25,000 for 1 year to any State
that does not meet the criteria established in
paragraph (1). The grant may only be used to conduct
activities needed to enable the State to qualify for a
first-year grant in the next fiscal year.
[(c) Succeeding Year Grants.--
[(1) Eligibility.--A State shall be eligible for a
grant under this subsection in a fiscal year succeeding
the first fiscal year in which the State receives a
grant under subsection (b) if the State, to the
satisfaction of the Secretary--
[(A) submits or updates a multiyear highway
safety data and traffic records strategic plan
that meets the requirements of subsection
(b)(1);
[(B) certifies that the highway safety data
and traffic records coordinating committee of
the State continues to operate and supports the
multiyear plan; and
[(C) reports annually on the progress of the
State in implementing the multiyear plan.
[(2) Grant amounts.--The amount of a succeeding year
grant made to the State for a fiscal year under this
paragraph shall equal the amount determined by
multiplying--
[(A) the amount appropriated to carry out
this section for such fiscal year; by
[(B) the ratio that the funds apportioned to
the State under section 402 for fiscal year
1997 bears to the funds apportioned to all
States under section 402 for fiscal year 1997;
except that no State eligible for a grant under this
paragraph shall receive less than $225,000.
[(d) Administrative Expenses.--Funds authorized to be
appropriated to carry out this section in a fiscal year shall
be subject to a deduction not to exceed 5 percent for the
necessary costs of administering the provisions of this
section.
[(e) Applicability of Chapter 1.--The provisions contained in
section 402(d) shall apply to this section.]
411. Distracted driving grants
(a) In General.--The Secretary shall award a grant under this
section to any State that enacts and enforces a statute that
meets the requirements set forth in subsections (b) and (c).
(b) Prohibition on Texting While Driving.--A State statute
meets the requirements set forth in this subsection if the
statute--
(1) prohibits drivers from texting through a personal
wireless communications device while driving;
(2) makes violation of the statute a primary offense;
(3) establishes--
(A) a minimum fine for a first violation of
the statute; and
(B) increased fines for repeat violations;
and
(4) provides increased civil and criminal penalties
than would otherwise apply if a vehicle accident is
caused by a driver who is using such a device in
violation of the statute.
(c) Prohibition on Youth Cell Phone Use While Driving.--A
State statute meets the requirements set forth in this
subsection if the statute--
(1) prohibits a driver who is younger than 18 years
of age from using a personal wireless communications
device while driving;
(2) makes violation of the statute a primary offense;
(3) requires distracted driving issues to be tested
as part of the State driver's license examination;
(4) establishes--
(A) a minimum fine for a first violation of
the statute; and
(B) increased fines for repeat violations;
and
(5) provides increased civil and criminal penalties
than would otherwise apply if a vehicle accident is
caused by a driver who is using such a device in
violation of the statute.
(d) Permitted Exceptions.--A statute that meets the
requirements set forth in subsections (b) and (c) may provide
exceptions for--
(1) a driver who uses a personal wireless
communications device to contact emergency services;
(2) emergency services personnel who use a personal
wireless communications device while--
(A) operating an emergency services vehicle;
and
(B) engaged in the performance of their
duties as emergency services personnel; and
(3) an individual employed as a commercial motor
vehicle driver or a school bus driver who uses a
personal wireless communications device within the
scope of such individual's employment if such use is
permitted under the regulations promulgated pursuant to
section 31152 of title 49.
(e) Use of Grant Funds.--Of the grant funds received by a
State under this section--
(1) at least 50 percent shall be used--
(A) to educate the public through advertising
containing information about the dangers of
texting or using a cell phone while driving;
(B) for traffic signs that notify drivers
about the distracted driving law of the State;
or
(C) for law enforcement costs related to the
enforcement of the distracted driving law; and
(2) up to 50 percent may be used for other projects
that--
(A) improve traffic safety; and
(B) are consistent with the criteria set
forth in section 402(a).
(f) Additional Grants.--In fiscal year 2012, the Secretary
may use up to 25 percent of the funding available for grants
under this section to award grants to States that--
(1) enacted statutes before July 1, 2011, which meet
the requirements under paragraphs (1) and (2) of
subsection (b); and
(2) are otherwise ineligible for a grant under this
section.
(g) Definitions.--In this section:
(1) Driving.--The term ``driving''--
(A) means operating a motor vehicle on a
public road, including operation while
temporarily stationary because of traffic, a
traffic light or stop sign, or otherwise; and
(B) does not include operating a motor
vehicle when the vehicle has pulled over to the
side of, or off, an active roadway and has
stopped in a location where it can safely
remain stationary.
(2) Personal wireless communications device.--The
term ``personal wireless communications device''--
(A) means a device through which personal
wireless services (as defined in section
332(c)(7)(C)(i) of the Communications Act of
1934 (47 U.S.C. 332(c)(7)(C)(i))) are
transmitted; and
(B) does not include a global navigation
satellite system receiver used for positioning,
emergency notification, or navigation purposes.
(3) Primary offense.--The term ``primary offense''
means an offense for which a law enforcement officer
may stop a vehicle solely for the purpose of issuing a
citation in the absence of evidence of another offense.
(4) Public road.--The term ``public road'' has the
meaning given that term in section 402(c).
(5) Texting.--The term ``texting'' means reading from
or manually entering data into a personal wireless
communications device, including doing so for the
purpose of SMS texting, e-mailing, instant messaging,
or engaging in any other form of electronic data
retrieval or electronic data communication.
412. Agency accountability
[(a) Triennial State Management Reviews.--At least once every
3 years the Secretary shall conduct a review of each State
highway safety program. The review shall include a management
evaluation of all grant programs funded under this chapter. The
Secretary shall provide review-based recommendations on how
each State could improve the management and oversight of its
grant activities and may provide a management and oversight
plan for such grant programs.]
(a) Triennial State Management Reviews.--
(1) In general.--Except as provided under paragraph
(2), the Secretary shall conduct a review of each State
highway safety program at least once every 3 years.
(2) Exceptions.--The Secretary may conduct reviews of
the highway safety programs of the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands as often as the Secretary
determines to be appropriate.
(3) Components.--Reviews under this subsection shall
include--
(A) a management evaluation of all grant
programs funded under this chapter;
(B) an assessment of State data collection
and evaluation relating to performance measures
established by the Secretary;
(C) a comparison of State efforts under
subparagraphs (A) and (B) to best practices and
programs that have been evaluated for
effectiveness; and
(D) the development of recommendations on how
each State could--
(i) improve the management and
oversight of its grant activities; and
(ii) provide a management and
oversight plan for such grant programs.
(b) Recommendations Before Submission.--In order to provide
guidance to State highway safety agencies on matters that
should be addressed in the goals and initiatives of the State
highway safety program before the program is submitted for
review, the Secretary shall provide data-based recommendations
to each State at least 90 days before the date on which the
program is to be submitted for approval.
(c) State Program Review.--The Secretary shall--
(1) conduct a program improvement review of a highway
safety program under this chapter of a State that does
not make substantial progress over a 3-year period in
meeting its priority program goals; and
(2) provide technical assistance and safety program
requirements to be incorporated in the State highway
safety program for any goal not achieved.
(d) Regional Harmonization.--The Secretary and the Inspector
General of the Department of Transportation shall undertake an
administrative review of the practices and procedures of the
management reviews and program reviews of State highway safety
programs under this chapter conducted by the regional offices
of the National Highway Traffic Safety Administration and
prepare a written report of best practices and procedures for
use by the regional offices in conducting such reviews. The
report shall be completed within 180 days after the date of
enactment of this section.
(e) Best Practices Guidelines.--
(1) Uniform guidelines.--The Secretary shall issue
uniform management review guidelines and program review
guidelines based on the report under subsection (d).
Each regional office shall use the guidelines in
executing its State administrative review duties under
this section.
(2) Publication.--The Secretary shall make publicly
available on the Web site (or successor electronic
facility) of the Administration the following documents
upon their completion:
(A) The Secretary's management review
guidelines and program review guidelines.
(B) All State highway safety programs
submitted under this chapter.
(C) State annual accomplishment reports.
(D) The Administration's Summary Report of
findings from Management Reviews and
Improvement Plans.
(3) Reports to state highway safety agencies.--The
Secretary may not make publicly available a program,
report, or review under paragraph (2) that is directed
to a State highway safety agency until after the date
on which the program, report, or review is submitted to
that agency under this chapter.
[(f) GAO Review.--
[(1) Analysis.--The Comptroller General shall analyze
the effectiveness of the Administration's oversight of
traffic safety grants under this chapter by determining
the usefulness of the Administration's advice to the
States regarding administration and State activities
under this chapter, the extent to which the States
incorporate the Administration's recommendations into
their highway safety programs, and the improvements
that result in a State's highway safety program that
may be attributable to the Administration's
recommendations.
[(2) Report.--Not later than September 30, 2008, the
Comptroller General shall submit a report on the
results of the analysis to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.]
413. In-vehicle alcohol detection device research
(a) In General.--The Administrator of the National Highway
Traffic Safety Administration shall carry out a collaborative
research effort under chapter 301 of title 49, United States
Code, to continue to explore the feasibility and the potential
benefits of, and the public policy challenges associated with,
more widespread deployment of in-vehicle technology to prevent
alcohol-impaired driving.
(b) Reports.--The Administrator shall submit a report
annually to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure--
(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.
(c) Definitions.--In this title:
(1) Alcohol-impaired driving.--The term ``alcohol-
impaired driving'' means operation of a motor vehicle
(as defined in section 30102(a)(6) of title 49, United
States Code) by an individual whose blood alcohol
content is at or above the legal limit.
(2) Legal limit.--The term ``legal limit'' means a
blood alcohol concentration of 0.08 percent or greater
(as specified by chapter 163 of title 23, United States
Code) or such other percentage limitation as may be
established by applicable Federal, State, or local law.
414. State Graduated Driver Licensing Incentive Grant
(a) Grants Authorized.--Subject to the requirements of this
section, the Secretary shall award grants to States that adopt
and implement graduated driver licensing laws in accordance
with the requirements set forth in subsection (b).
(b) Minimum Requirements.--
(1) In general.--A State meets the requirements set
forth in this subsection if the State has a graduated
driver licensing law that requires novice drivers
younger than 21 years of age to comply with the 2-stage
licensing process described in paragraph (2) before
receiving an unrestricted driver's license.
(2) Licensing process.--A State is in compliance with
the 2-stage licensing process described in this
paragraph if the State's driver's license laws
include--
(A) a learner's permit stage that--
(i) is at least 6 months in duration;
(ii) prohibits the driver from using
a cellular telephone or any
communications device in a nonemergency
situation; and
(iii) remains in effect until the
driver--
(I) reaches 16 years of age
and enters the intermediate
stage; or
(II) reaches 18 years of age;
(B) an intermediate stage that--
(i) commences immediately after the
expiration of the learner's permit
stage;
(ii) is at least 6 months in
duration;
(iii) prohibits the driver from using
a cellular telephone or any
communications device in a nonemergency
situation;
(iv) restricts driving at night;
(v) prohibits the driver from
operating a motor vehicle with more
than 1 nonfamilial passenger younger
than 21 years of age unless a licensed
driver who is at least 21 years of age
is in the motor vehicle; and
(vi) remains in effect until the
driver reaches 18 years of age; and
(C) any other requirement prescribed by the
Secretary of Transportation, including--
(i) in the learner's permit stage--
(I) at least 40 hours of
behind-the-wheel training with
a licensed driver who is at
least 21 years of age;
(II) a driver training
course; and
(III) a requirement that the
driver be accompanied and
supervised by a licensed
driver, who is at least 21
years of age, at all times
while such driver is operating
a motor vehicle; and
(ii) in the learner's permit or
intermediate stage, a requirement, in
addition to any other penalties imposed
by State law, that the grant of an
unrestricted driver's license be
automatically delayed for any
individual who, during the learner's
permit or intermediate stage, is
convicted of a driving-related offense,
including--
(I) driving while
intoxicated;
(II) misrepresentation of his
or her true age;
(III) reckless driving;
(IV) driving without wearing
a seat belt;
(V) speeding; or
(VI) any other driving-
related offense, as determined
by the Secretary.
(c) Rulemaking.--
(1) In general.--The Secretary shall promulgate
regulations necessary to implement the requirements
under subsection (b), in accordance with the notice and
comment provisions under section 553 of title 5, United
States Code.
(2) Exception.--A State that otherwise meets the
minimum requirements set forth in subsection (b) shall
be deemed by the Secretary to be in compliance with the
requirement set forth in subsection (b) if the State
enacted a law before January 1, 2011, establishing a
class of license that permits licensees or applicants
younger than 18 years of age to drive a motor vehicle--
(A) in connection with work performed on, or
for the operation of, a farm owned by family
members who are directly related to the
applicant or licensee; or
(B) if demonstrable hardship would result
from the denial of a license to the licensees
or applicants.
(d) Allocation.--Grant funds allocated to a State under this
section for a fiscal year shall be in proportion to a State's
apportionment under section 402 for such fiscal year.
(e) Use of Funds.--Grant funds received by a State under this
section may be used for--
(1) enforcing a 2-stage licensing process that
complies with subsection (b)(2);
(2) training for law enforcement personnel and other
relevant State agency personnel relating to the
enforcement described in paragraph (1);
(3) publishing relevant educational materials that
pertain directly or indirectly to the State graduated
driver licensing law;
(4) carrying out other administrative activities that
the Secretary considers relevant to the State's 2-stage
licensing process; and
(5) carrying out a teen traffic safety program
described in section 402(m).
TITLE 49. TRANSPORTATION
SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS
PART A. GENERAL
CHAPTER 301. MOTOR VEHICLE SAFETY
SUBCHAPTER I. GENERAL
30102. Definitions
(a) General Definitions.--In this chapter--
(1) ``dealer'' means a person selling and
distributing new motor vehicles or motor vehicle
equipment primarily to purchasers that in good faith
purchase the vehicles or equipment other than for
resale.
(2) ``defect'' includes any defect in performance,
construction, a component, or material of a motor
vehicle or motor vehicle equipment.
(3) ``distributor'' means a person primarily selling
and distributing motor vehicles or motor vehicle
equipment for resale.
(4) ``interstate commerce'' means commerce between a
place in a State and a place in another State or
between places in the same State through another State.
(5) ``manufacturer'' means a person--
(A) manufacturing or assembling motor
vehicles or motor vehicle equipment; or
(B) importing motor vehicles or motor vehicle
equipment for resale.
(6) ``motor vehicle'' means a vehicle driven or drawn
by mechanical power and manufactured primarily for use
on public streets, roads, and highways, but does not
include a vehicle operated only on a rail line.
(7) ``motor vehicle equipment'' means--
(A) any system, part, or component of a motor
vehicle as originally manufactured;
(B) any similar part or component
manufactured or sold for replacement or
improvement of a system, part, or component, or
as an accessory or addition to a motor vehicle;
or
[(C) any device or an article or apparel
(except medicine or eyeglasses prescribed by a
licensed practitioner) that is not a system,
part, or component of a motor vehicle and is
manufactured, sold, delivered, offered, or
intended to be used only to safeguard motor
vehicles and highway users against risk of
accident, injury, or death.]
(C) any device or an article or apparel,
including a motorcycle helmet and excluding
medicine or eyeglasses prescribed by a licensed
practitioner, that--
(i) is not a system, part, or
component of a motor vehicle; and
(ii) is manufactured, sold,
delivered, or offered to be sold for
use on public streets, roads, and
highways with the apparent purpose of
safeguarding motor vehicles and highway
users against risk of accident, injury,
or death.
(8) ``motor vehicle safety'' means the performance of
a motor vehicle or motor vehicle equipment in a way
that protects the public against unreasonable risk of
accidents occurring because of the design,
construction, or performance of a motor vehicle, and
against unreasonable risk of death or injury in an
accident, and includes nonoperational safety of a motor
vehicle.
(9) ``motor vehicle safety standard'' means a minimum
standard for motor vehicle or motor vehicle equipment
performance.
(10) ``State'' means a State of the United States,
the District of Columbia, Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin
Islands.
(11) ``United States district court'' means a
district court of the United States, a United States
court for Guam, the Virgin Islands, and American Samoa,
and the district court for the Northern Mariana
Islands.
(b) Limited Definitions.--
(1) In sections 30117(b), 30118-30121, and 30166(f)
of this title--
(A) ``adequate repair'' does not include
repair resulting in substantially impaired
operation of a motor vehicle or motor vehicle
equipment;
(B) ``first purchaser'' means the first
purchaser of a motor vehicle or motor vehicle
equipment other than for resale;
(C) ``original equipment'' means motor
vehicle equipment (including a tire) installed
in or on a motor vehicle at the time of
delivery to the first purchaser;
(D) ``replacement equipment'' means motor
vehicle equipment (including a tire) that is
not original equipment;
(E) a brand name owner of a tire marketed
under a brand name not owned by the
manufacturer of the tire is deemed to be the
manufacturer of the tire;
(F) a defect in original equipment, or
noncompliance of original equipment with a
motor vehicle safety standard prescribed under
this chapter, is deemed to be a defect or
noncompliance of the motor vehicle in or on
which the equipment was installed at the time
of delivery to the first purchaser;
(G) a manufacturer of a motor vehicle in or
on which original equipment was installed when
delivered to the first purchaser is deemed to
be the manufacturer of the equipment; and
(H) a retreader of a tire is deemed to be the
manufacturer of the tire.
(2) The Secretary of Transportation may prescribe
regulations changing paragraph (1)(C), (D), (F), or (G)
of this subsection.
30107. Restriction on covered motor vehicle safety officials
(a) In General.--During the 2-year period after the
termination of his or her service or employment, a covered
vehicle safety official may not knowingly make, with the intent
to influence, any communication to or appearance before any
officer or employee of the National Highway Traffic Safety
Administration on behalf of any manufacturer subject to
regulation under this chapter in connection with any matter
involving motor vehicle safety on which such person seeks
official action by any officer or employee of the National
Highway Traffic Safety Administration.
(b) Manufacturers.--It is unlawful for any manufacturer or
other person subject to regulation under this chapter to employ
or contract for the services of an individual to whom
subsection (a) applies during the 2-year period commencing on
the individual's termination of employment with the National
Highway Traffic Safety Administration in a capacity in which
the individual is prohibited from serving during that period.
(c) Special Rule for Detailees.--For purposes of this
section, a person who is detailed from 1 department, agency, or
other entity to another department, agency, or other entity
shall, during the period such person is detailed, be deemed to
be an officer or employee of both departments, agencies, or
such entities.
(d) Savings Provision.--Nothing in this section may be
construed to expand, contract, or otherwise affect the
application of any waiver or criminal penalties under section
207 of title 18.
(e) Exception for Testimony.--Nothing in this section may be
construed to prevent an individual from giving testimony under
oath, or from making statements required to be made under
penalty of perjury.
(f) Defined Term.--In this section, the term ``covered
vehicle safety official'' means any officer or employee of the
National Highway Traffic Safety Administration--
(1) who, during the final 12 months of his or her
service or employment with the agency, serves or served
in a technical or legal capacity, and whose job
responsibilities include or included vehicle safety
defect investigation, vehicle safety compliance,
vehicle safety rulemaking, or vehicle safety research;
and
(2) who serves in a supervisory or management
capacity over an officer or employee described in
paragraph (1).
(g) Effective Date.--This section shall apply to covered
vehicle safety officials who terminate service or employment
with the National Highway Traffic Safety Administration after
the date of enactment of the Motor Vehicle and Highway Safety
Improvement Act of 2011.
SUBCHAPTER II. STANDARDS AND COMPLIANCE
30112. Prohibitions on manufacturing, selling, and importing
noncomplying motor vehicles and equipment
(a) General.--
(1) Except as provided in this section, sections
30113 and 30114 of this title, and subchapter III of
this chapter, a person may not manufacture for sale,
sell, offer for sale, introduce or deliver for
introduction in interstate commerce, or import into the
United States, any motor vehicle or motor vehicle
equipment manufactured on or after the date an
applicable motor vehicle safety standard prescribed
under this chapter takes effect unless the vehicle or
equipment complies with the standard and is covered by
a certification issued under section 30115 of this
title.
(2) Except as provided in this section, sections
30113 and 30114 of this title, and subchapter III of
this chapter, a school or school system may not
purchase or lease a new 15-passenger van if it will be
used significantly by, or on behalf of, the school or
school system to transport preprimary, primary, or
secondary school students to or from school or an event
related to school, unless the 15-passenger van complies
with the motor vehicle standards prescribed for school
buses and multifunction school activity buses under
this title. This paragraph does not apply to the
purchase or lease of a 15-passenger van under a
contract executed before the date of enactment of this
paragraph.
(3) Except as provided in this section, section
30114, subsections (i) and (j) of section 30120, and
subchapter III, a person may not sell, offer for sale,
introduce or deliver for introduction in interstate
commerce, or import into the United States any motor
vehicle or motor vehicle equipment if the vehicle or
equipment contains a defect related to motor vehicle
safety about which notice was given under section
30118(c) or an order was issued under section 30118(b).
Nothing in this paragraph may be construed to prohibit
the importation of a new motor vehicle that receives a
required recall remedy before being sold to a consumer
in the United States.
(b) Nonapplication.--This section does not apply to--
(1) the sale, offer for sale, or introduction or
delivery for introduction in interstate commerce of a
motor vehicle or motor vehicle equipment after the
first purchase of the vehicle or equipment in good
faith other than for resale;
(2) a person--
(A) establishing that the person had no
reason to know, despite exercising reasonable
care, that a motor vehicle or motor vehicle
equipment does not comply with applicable motor
vehicle safety standards prescribed under this
chapter; [or]
(B) holding, without knowing about the
noncompliance and before the vehicle or
equipment is first purchased in good faith
other than for resale, a certificate issued by
a manufacturer or importer stating the vehicle
or equipment complies with applicable standards
prescribed under this chapter; or
(C) having no reason to know, despite
exercising reasonable care, that a motor
vehicle or motor vehicle equipment contains a
defect related to motor vehicle safety about
which notice was given under section 30118(c)
or an order was issued under section 30118(b);
(3) a motor vehicle or motor vehicle equipment
intended only for export, labeled for export on the
vehicle or equipment and on the outside of any
container of the vehicle or equipment, and exported;
(4) a motor vehicle the Secretary of Transportation
decides under section 30141 of this title is capable of
complying with applicable standards prescribed under
this chapter;
(5) a motor vehicle imported for personal use by an
individual who receives an exemption under section
30142 of this title;
(6) a motor vehicle under section 30143 of this title
imported by an individual employed outside the United
States;
(7) a motor vehicle under section 30144 of this title
imported on a temporary basis;
(8) a motor vehicle or item of motor vehicle
equipment under section 30145 of this title requiring
further manufacturing; or
(9) a motor vehicle that is at least 25 years old.
30119. Notification procedures
(a) Contents of Notification.--Notification by a manufacturer
required under section 30118 of this title of a defect or
noncompliance shall contain--
(1) a clear description of the defect or
noncompliance;
(2) an evaluation of the risk to motor vehicle safety
reasonably related to the defect or noncompliance;
(3) the measures to be taken to obtain a remedy of
the defect or noncompliance;
(4) a statement that the manufacturer giving notice
will remedy the defect or noncompliance without charge
under section 30120 of this title;
(5) the earliest date on which the defect or
noncompliance will be remedied without charge, and for
tires, the period during which the defect or
noncompliance will be remedied without charge under
section 30120 of this title;
(6) the procedure the recipient of a notice is to
follow to inform the Secretary of Transportation when a
manufacturer, distributor, or dealer does not remedy
the defect or noncompliance without charge under
section 30120 of this title; and
(7) other information the Secretary prescribes by
regulation.
(b) Earliest Remedy Date.--The date specified by a
manufacturer in a notification under subsection (a)(5) of this
section or section 30121(c)(2) of this title is the earliest
date that parts and facilities reasonably can be expected to be
available to remedy the defect or noncompliance. The Secretary
may disapprove the date.
(c) Time for Notification.--Notification required under
section 30118 of this title shall be given within a reasonable
time--
(1) prescribed by the Secretary, after the
manufacturer receives notice of a final decision under
section 30118(b) of this title; or
(2) after the manufacturer first decides that a
safety-related defect or noncompliance exists under
section 30118(c) of this title.
(d) Means of Providing Notification.--
(1) Notification required under section 30118 of this
title about a motor vehicle shall be sent [by first
class mail] in the manner prescribed by the Secretary,
by regulation--
(A) to each person registered under State law
as the owner and whose name and address are
reasonably ascertainable by the manufacturer
through State records or other available
sources; or
(B) if a registered owner is not notified
under clause (A) of this paragraph, to the most
recent purchaser known to the manufacturer.
(2) Notification required under section 30118 of this
title about replacement equipment [(except a tire)
shall be sent by first class mail] shall be sent in the
manner prescribed by the Secretary, by regulation to
the most recent purchaser known to the manufacturer.
[In addition, if the Secretary decides that public
notice is required for motor vehicle safety, public
notice shall be given in the way required by the
Secretary after consulting with the manufacturer.]
(3) [Notification required under section 30118 of
this title about a tire shall be sent by first class
mail (or, if the manufacturer prefers, by certified
mail) to the most recent purchaser known to the
manufacturer.] In addition to the notification required
under paragraphs (1) and (2), if the Secretary decides
that public notice is required for motor vehicle
safety, public notice shall be given by the
manufacturer in the way required by the Secretary after
consulting with the manufacturer. In deciding whether
public notice is required, the Secretary shall
consider--
(A) the magnitude of the risk to motor
vehicle safety caused by the defect or
noncompliance; and
(B) the cost of public notice compared to the
additional number of owners the notice may
reach.
(4) A dealer to whom a motor vehicle or replacement
equipment was delivered shall be notified [by certified
mail or quicker means if available] in the manner
prescribed by the Secretary, by regulation.
(e) [Second] Additional Notification.--[If the Secretary]
(1) Second notification._If the Secretary decides
that a notification sent by a manufacturer under this
section has not resulted in an adequate number of motor
vehicles or items of replacement equipment being
returned for remedy, the Secretary may order the
manufacturer to send a 2d notification in the way the
Secretary prescribes by regulation.
(2) Additional notifications.--If the Secretary
determines, after considering the severity of the
defect or noncompliance, that the second notification
by a manufacturer does not result in an adequate number
of motor vehicles or items of replacement equipment
being returned for remedy, the Secretary may order the
manufacturer--
(A) to send additional notifications in the
manner prescribed by the Secretary, by
regulation;
(B) to take additional steps to locate and
notify each person registered under State law
as the owner or lessee or the most recent
purchaser or lessee, as appropriate; and
(C) to emphasize the magnitude of the safety
risk caused by the defect or noncompliance in
such notification.
(f) Notification by Lessor to Lessee.--
(1) In this subsection, ``leased motor vehicle''
means a motor vehicle that is leased to a person for at
least 4 months by a lessor that has leased at least 5
motor vehicles in the 12 months before the date of the
notification.
(2) A lessor that receives a notification required by
section 30118 of this title about a leased motor
vehicle shall provide a copy of the notification to the
lessee in the way the Secretary prescribes by
regulation.
30120. Remedies for defects and noncompliance
(a) Ways to Remedy.--
(1) Subject to subsections (f) and (g) of this
section, when notification of a defect or noncompliance
is required under section 30118(b) or (c) of this
title, the manufacturer of the defective or
noncomplying motor vehicle or replacement equipment
shall remedy the defect or noncompliance without charge
when the vehicle or equipment is presented for remedy.
Subject to subsections (b) and (c) of this section, the
manufacturer shall remedy the defect or noncompliance
in any of the following ways the manufacturer chooses:
(A) if a vehicle--
(i) by repairing the vehicle;
(ii) by replacing the vehicle with an
identical or reasonably equivalent
vehicle; or
(iii) by refunding the purchase
price, less a reasonable allowance for
depreciation.
[(B) if replacement equipment, by repairing
the equipment or replacing the equipment with
identical or reasonably equivalent equipment.]
(B) if replacement equipment, by repairing
the equipment, replacing the equipment with
identical or reasonably equivalent equipment,
or by refunding the purchase price.
(2) The Secretary of Transportation may prescribe
regulations to allow the manufacturer to impose
conditions on the replacement of a motor vehicle or
refund of its price.
* * * * * * *
(i) Limitation on Sale or Lease of New Vehicles or
Equipment._
(1) If notification is required by an order under
section 30118(b) of this title or is required under
section 30118(c) of this title and the manufacturer has
provided to a dealer (including retailers of motor
vehicle equipment) notification about a new motor
vehicle or new item of replacement equipment in the
dealer's possession at the time of notification that
contains a defect related to motor vehicle safety or
does not comply with an applicable motor vehicle safety
standard prescribed under this chapter, the dealer may
sell or lease the motor vehicle or item of replacement
equipment only if--
(A) the defect or noncompliance is remedied
as required by this section before delivery
under the sale or lease; or
(B) when the notification is required by an
order under section 30118(b) of this title,
enforcement of the order is restrained or the
order is set aside in a civil action to which
section 30121(d) of this title applies.
(2) This subsection does not prohibit a dealer from
offering for sale or lease the vehicle or equipment.
(j) Prohibition on Sales of [Replaced] Replacement
Equipment.--No person may sell or lease any motor vehicle
equipment (including a tire), for installation on a motor
vehicle, that is the subject of a decision under section
30118(b) or a notice required under section 30118(c) in a
condition that it may be reasonably used for its original
purpose unless--
(1) the defect or noncompliance is remedied as
required by this section before delivery under the sale
or lease; or
(2) 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 section
30121(d) applies.
30120A. Recall obligations and bankruptcy of a manufacturer
A manufacturer's filing of a petition in bankruptcy under
chapter 11 of title 11, does not negate the manufacturer's duty
to comply with section 30112 or sections 30115 through 30120 of
this title. In any bankruptcy proceeding, the manufacturer's
obligations under such sections shall be treated as a claim of
the United States Government against such manufacturer, subject
to subchapter II of chapter 37 of title 31, United States Code,
and given priority, pursuant to section 3710 of such chapter,
to ensure that consumers are adequately protected from any
safety defect or noncompliance determined to exist in the
manufacturer's products. This section shall apply equally to
actions of a manufacturer taken before or after the filing of a
petition in bankruptcy.
30122. Making safety devices and elements inoperative
(a) Definition.--In this section, ``motor vehicle repair
business'' means a person holding itself out to the public to
repair for compensation a motor vehicle or motor vehicle
equipment.
(b) Prohibition.--A manufacturer, distributor, dealer, or
motor vehicle repair business may not knowingly make
inoperative any part of a device or element of design installed
on or in a motor vehicle or motor vehicle equipment in
compliance with an applicable motor vehicle safety standard
prescribed under this chapter unless the manufacturer,
distributor, dealer, or repair business reasonably believes the
vehicle or equipment will not be used (except for testing or a
similar purpose during maintenance or repair) when the device
or element is inoperative.
(c) Regulations.--The Secretary of Transportation may
prescribe regulations--
(1) to exempt a person from this section if the
Secretary decides the exemption is consistent with
motor vehicle safety and section 30101 of this title;
and
(2) to define ``make inoperative''.
[(d) Nonapplication.--This section does not apply to a safety
belt interlock or buzzer designed to indicate a safety belt is
not in use as described in section 30124 of this title.]
[30124. Buzzers indicating nonuse of safety belts
A motor vehicle safety standard prescribed under this chapter
may not require or allow a manufacturer to comply with the
standard by using a safety belt interlock designed to prevent
starting or operating a motor vehicle if an occupant is not
using a safety belt or a buzzer designed to indicate a safety
belt is not in use, except a buzzer that operates only during
the 8-second period after the ignition is turned to the
``start'' or ``on'' position.]
30124. Nonuse of safety belts
A motor vehicle safety standard prescribed under this chapter
may not require a manufacturer to comply with the standard by
using a safety belt interlock designed to prevent starting or
operating a motor vehicle if an occupant is not using a safety
belt.
SUBCHAPTER III. IMPORTING [NONCOMPLYING] MOTOR VEHICLES AND EQUIPMENT
30147. Responsibility for defects and noncompliance
(a) Deeming Defect or Noncompliance to Certain Vehicles and
Importer as Manufacturer.--
(1) In carrying out sections 30117(b), 30118-30121,
and 30166(f) of this title--
(A) for a defect or noncompliance with an
applicable motor vehicle safety standard
prescribed under this chapter for a motor
vehicle originally manufactured for import into
the United States, an imported motor vehicle
having a valid certification under section
30146(a)(1) of this title and decided to be
substantially similar to that motor vehicle
shall be deemed as having the same defect or as
not complying with the same standard unless the
manufacturer or importer registered under
section 30141(c) of this title demonstrates
otherwise to the Secretary of Transportation;
and
(B) the registered importer shall be deemed
to be the manufacturer of any motor vehicle
that the importer imports or brings into
compliance with the standards for an individual
under section 30142 of this title.
(2) The Secretary shall publish in the Federal
Register notice of any defect or noncompliance under
paragraph (1)(A) of this subsection.
[(b) Financial Responsibility Requirement.--The Secretary
shall require by regulation each registered importer (including
any successor in interest) to provide and maintain evidence,
satisfactory to the Secretary, of sufficient financial
responsibility to meet its obligations under sections 30117(b),
30118-30121, and 30166(f) of this title.]
(b) Financial Responsibility Requirement.--
(1) Rulemaking.--The Secretary of Transportation may
issue regulations requiring each person that imports a
motor vehicle or motor vehicle equipment into the
customs territory of the United States, including a
registered importer (or any successor in interest),
provide and maintain evidence, satisfactory to the
Secretary, of sufficient financial responsibility to
meet its obligations under section 30117(b), sections
30118 through 30121, and section 30166(f).
(2) Refusal of admission.--If the Secretary of
Transportation believes that a person described in
paragraph (1) has not provided and maintained evidence
of sufficient financial responsibility to meet the
obligations referred to in paragraph (1), the Secretary
of Homeland Security may refuse the admission into the
customs territory of the United States of any motor
vehicle or motor vehicle equipment imported by the
person.
(3) Exception.--This subsection shall not apply to
original manufacturers (or wholly owned subsidiaries)
of motor vehicles that, prior to the date of enactment
of the Motor Vehicle and Highway Safety Improvement Act
of 2011--
(A) have imported motor vehicles into the
United States that are certified to comply with
all applicable Federal motor vehicle safety
standards;
(B) have submitted to the Secretary
appropriate manufacturer identification
information under part 566 of title 49, Code of
Federal Regulations; and
(C) if applicable, have identified a current
agent for service of process in accordance with
part 551 of title 49, Code of Federal
Regulations.
SUBCHAPTER IV. ENFORCEMENT AND ADMINISTRATIVE
30164. Service of process; conditions on importation of vehicles and
equipment
(a) Designating Agents.--A manufacturer offering a motor
vehicle or motor vehicle equipment for import shall designate
an agent on whom service of notices and process in
administrative and judicial proceedings may be made. The
designation shall be in writing and filed with the Secretary of
Transportation. The designation may be changed in the same way
as originally made.
(b) Service.--An agent may be served at the agent's office or
usual place of residence. Service on the agent is deemed to be
service on the manufacturer. If a manufacturer does not
designate an agent, service may be made by posting the notice
or process in the office of the Secretary.
(c) Identifying Information.--A manufacturer (including an
importer) offering a motor vehicle or motor vehicle equipment
for import shall provide such information as the Secretary may,
by rule, request including--
(1) the product by name and the manufacturer's
address; and
(2) each retailer or distributor to which the
manufacturer directly supplied motor vehicles or motor
vehicle equipment over which the Secretary has
jurisdiction under this chapter.
(d) Rulemaking.--The Secretary may issue regulations that--
(1) condition the import of a motor vehicle or motor
vehicle equipment on the manufacturer's compliance
with--
(A) the requirements under this section;
(B) any rules issued with respect to such
requirements; or
(C) any other requirements under this chapter
or rules issued with respect to such
requirements;
(2) provide an opportunity for the manufacturer to
present information before the Secretary's
determination as to whether the manufacturer's imports
should be restricted; and
(3) establish a process by which a manufacturer may
petition for reinstatement of its ability to import
motor vehicles or motor vehicle equipment.
(e) Exception.--The requirements of subsections (c) and (d)
shall not apply to original manufacturers (or wholly owned
subsidiaries) of motor vehicles that, prior to the date of
enactment of the Motor Vehicle and Highway Safety Improvement
Act of 2011--
(1) have imported motor vehicles into the United
States that are certified to comply with all applicable
Federal motor vehicle safety standards,
(2) have submitted to the Secretary appropriate
manufacturer identification information under part 566
of title 49, Code of Federal Regulations; and
(3) if applicable, have identified a current agent
for service of process in accordance with part 551 of
title 49, Code of Federal Regulations.
30165. Civil penalty
(a) Civil Penalties.--
(1) In general.--A person that violates any of
section 30112, 30115, 30117 through 30122, [30123(d)]
30123(a), 30125(c), 30127, or 30141 through 30147, or a
regulation prescribed thereunder, is liable to the
United States Government for a civil penalty of not
more than $5,000 for each violation. A separate
violation occurs for each motor vehicle or item of
motor vehicle equipment and for each failure or refusal
to allow or perform an act required by any of those
sections. The maximum penalty under this subsection for
a related series of violations is [$15,000,000]
$250,000,000.
(2) School buses.--
(A) In general.--Notwithstanding paragraph
(1), the maximum amount of a civil penalty
under this paragraph shall be $10,000 in the
case of--
(i) the manufacture, sale, offer for
sale, introduction or delivery for
introduction into interstate commerce,
or importation of a school bus or
school bus equipment (as those terms
are defined in section 30125(a) of this
title) in violation of section
30112(a)(1) of this title; or
(ii) a violation of section
30112(a)(2) of this title.
(B) Related series of violations.--A separate
violation occurs for each motor vehicle or item
of motor vehicle equipment and for each failure
or refusal to allow or perform an act required
by that section. The maximum penalty under this
paragraph for a related series of violations is
$15,000,000.
(3) Section 30166.--[A person] Except as provided in
paragraph (4), a person who violates section 30166 or a
regulation prescribed under that section is liable to
the United States Government for a civil penalty for
failing or refusing to allow or perform an act required
under that section or regulation. The maximum penalty
under this paragraph is $5,000 per violation per day.
The maximum penalty under this paragraph for a related
series of daily violations is [$15,000,000]
$250,000,000.
(4) False, misleading, or incomplete reports.--A
person who knowingly and willfully submits materially
false, misleading, or incomplete information to the
Secretary, after certifying the same information as
accurate and complete under the certification process
established pursuant to section 30166(o), shall be
subject to a civil penalty of not more than $5,000 per
day. The maximum penalty under this paragraph for a
related series of daily violations is $5,000,000.
(5) Improper influence.--An individual who violates
section 30107(a) is liable to the United States
Government for a civil penalty, as determined under
section 216(b) of title 18, for an offense under
section 207 of that title. A manufacturer or other
person subject to regulation under this chapter who
violates section 30107(b) is liable to the United
States Government for a civil penalty equal to the sum
of--
(A) an amount equal to not less than
$100,000; and
(B) an amount equal to 90 percent of the
annual compensation or fee paid or payable to
the individual with respect to whom the
violation occurred.
(b) Compromise and Setoff.--
(1) The Secretary of Transportation may compromise
the amount of a civil penalty imposed under this
section.
(2) The Government may deduct the amount of a civil
penalty imposed or compromised under this section from
amounts it owes the person liable for the penalty.
[(c) Considerations.--In determining the amount of a civil
penalty or compromise, the appropriateness of the penalty or
compromise to the size of the business of the person charged
and the gravity of the violation shall be considered.]
(c) Relevant Factors in Determining Amount of Penalty or
Compromise.--In determining the amount of a civil penalty or
compromise under this section, the Secretary of Transportation
shall consider the nature, circumstances, extent, and gravity
of the violation. Such determination shall include, as
appropriate--
(1) the nature of the defect or noncompliance;
(2) knowledge by the person charged of its obligation
to recall or notify the public;
(3) the severity of the risk of injury;
(4) the occurrence or absence of injury;
(5) the number of motor vehicles or items of motor
vehicle equipment distributed with the defect or
noncompliance;
(6) the existence of an imminent hazard;
(7) actions taken by the person charged to identify,
investigate, or mitigate the condition;
(8) the appropriateness of such penalty in relation
to the size of the business of the person charged,
including the potential for undue adverse economic
impacts;
(9) whether the person has previously been assessed
civil penalties under this section during the most
recent 5 years; and
(10) other appropriate factors.
(d) Subpenas for Witnesses.--In a civil action brought under
this section, a subpena for a witness may be served in any
judicial district.
30166. Inspections, investigations, and records
(a) Definition.--In this section, ``motor vehicle accident''
means an occurrence associated with the maintenance or
operation of a motor vehicle or motor vehicle equipment
resulting in personal injury, death, or property damage.
(b) Authority to Inspect and Investigate.--
(1) The Secretary of Transportation may conduct an
inspection or investigation--
(A) that may be necessary to enforce this
chapter or a regulation prescribed or order
issued under this chapter; or
(B) related to a motor vehicle accident and
designed to carry out this chapter.
(2) The Secretary of Transportation shall cooperate
with State and local officials to the greatest extent
possible in an inspection or investigation under
paragraph (1)(B) of this subsection.
(c) Matters That Can be Inspected and Impoundment.--In
carrying out this chapter, an officer or employee designated by
the Secretary of Transportation--
(1) at reasonable times, may inspect and copy any
record related to this chapter;
(2) on request, may inspect records of a
manufacturer, distributor, or dealer to decide whether
the manufacturer, distributor, or dealer has complied
or is complying with this chapter or a regulation
prescribed or order issued under this chapter; [and]
(3) at reasonable times, in a reasonable way, and on
display of proper credentials and written notice to an
owner, operator, or agent in charge, may--
(A) enter and inspect with reasonable
promptness premises in which a motor vehicle or
motor vehicle equipment is manufactured, held
for introduction in interstate commerce, or
held for sale after introduction in interstate
commerce (including at United States ports of
entry);
(B) enter and inspect with reasonable
promptness premises at which a vehicle or
equipment involved in a motor vehicle accident
is located;
(C) inspect with reasonable promptness that
vehicle or equipment, including any electronic
data contained within the vehicle's diagnostic
system or event data recorder; and
(D) impound for not more than 72 hours a
vehicle or equipment involved in a motor
vehicle accident[.];
(4) shall obtain from the Secretary of Homeland
Security without charge, upon the request of the
Secretary of Transportation, a reasonable number of
samples of motor vehicle equipment being offered for
import to determine compliance with this chapter or a
regulation or order issued under this chapter; and
(5) shall instruct the Secretary of Homeland Security
to refuse admission of the motor vehicle equipment into
the customs territory of the United States if the
Secretary of Transportation determines, after
examination of the samples obtained under paragraph
(4), that such refusal is warranted due to
noncompliance with--
(A) this chapter;
(B) a regulation prescribed under this
chapter; or
(C) an order issued under this chapter.
(d) Reasonable Compensation.--When a motor vehicle (except a
vehicle subject to subchapter I of chapter 135 of this title)
or motor vehicle equipment is inspected or temporarily
impounded under subsection (c)(3) of this section, the
Secretary of Transportation shall pay reasonable compensation
to the owner of the vehicle if the inspection or impoundment
results in denial of use, or reduction in value, of the
vehicle.
(e) Records and Making Reports.--The Secretary of
Transportation reasonably may require a manufacturer of a motor
vehicle or motor vehicle equipment to keep records, and a
manufacturer, distributor, or dealer to make reports, to enable
the Secretary to decide whether the manufacturer, distributor,
or dealer has complied or is complying with this chapter or a
regulation prescribed or order issued under this chapter. This
subsection does not impose a recordkeeping requirement on a
distributor or dealer in addition to those imposed under
subsection (f) of this section and section 30117(b) of this
title or a regulation prescribed or order issued under
subsection (f) or section 30117(b).
(f) Providing Copies of Communications About Defects and
Noncompliance.--[A manufacturer shall give the Secretary of
Transportation]
(1) In general._ A manufacturer shall give the
Secretary of Transportation, and make available on a
publicly accessible Internet website, a true or
representative copy of each communication to the
manufacturer's dealers or to owners or purchasers of a
motor vehicle or replacement equipment produced by the
manufacturer about a defect or noncompliance with a
motor vehicle safety standard prescribed under this
chapter in a vehicle or equipment that is sold or
serviced.
(2) Notices.--Communications required to be submitted
to the Secretary and made available on a publicly
accessible Internet website under this subsection shall
include all notices to dealerships of software upgrades
and modifications recommended by a manufacturer for all
previously sold vehicles. Notice is required even if
the software upgrade or modification is not related to
a safety defect or noncompliance with a motor vehicle
safety standard. The notice shall include a plain
language description of the purpose of the update and
that description shall be prominently placed at the
beginning of the notice.
(3) Index.--Communications required to be submitted
to the Secretary under this subsection shall be
accompanied by an index to each communication, which--
(A) identifies the make, model, and model
year of the affected vehicles;
(B) includes a concise summary of the subject
matter of the communication; and
(C) shall be made available by the Secretary
to the public on the Internet in a searchable
format.
* * * * * * *
(m) Early Warning Reporting Requirements.--
(1) Rulemaking required.--Not later than 120 days
after the date of the enactment of the Transportation
Recall Enhancement, Accountability, and Documentation
(TREAD) Act, the Secretary shall initiate a rulemaking
proceeding to establish early warning reporting
requirements for manufacturers of motor vehicles and
motor vehicle equipment to enhance the Secretary's
ability to carry out the provisions of this chapter.
(2) Deadline.--The Secretary shall issue a final rule
under paragraph (1) not later than June 30, 2002.
(3) Reporting elements.--
(A) Warranty and claims data.--As part of the
final rule promulgated under paragraph (1), the
Secretary shall require manufacturers of motor
vehicles and motor vehicle equipment to report,
periodically or upon request by the Secretary,
information which is received by the
manufacturer derived from foreign and domestic
sources to the extent that such information may
assist in the identification of defects related
to motor vehicle safety in motor vehicles and
motor vehicle equipment in the United States
and which concerns--
(i) data on claims submitted to the
manufacturer for serious injuries
(including death) and aggregate
statistical data on property damage
from alleged defects in a motor vehicle
or in motor vehicle equipment; or
(ii) customer satisfaction campaigns,
consumer advisories, recalls, or other
activity involving the repair or
replacement of motor vehicles or items
of motor vehicle equipment.
(B) Other data.--As part of the final rule
promulgated under paragraph (1), the Secretary
may, to the extent that such information may
assist in the identification of defects related
to motor vehicle safety in motor vehicles and
motor vehicle equipment in the United States,
require manufacturers of motor vehicles or
motor vehicle equipment to report, periodically
or upon request of the Secretary, such
information as the Secretary may request.
(C) Reporting of possible defects.--The
manufacturer of a motor vehicle or motor
vehicle equipment shall report to the
Secretary, in such manner as the Secretary
establishes by regulation, all incidents of
which the manufacturer receives actual notice
which involve fatalities or serious injuries
which are alleged or proven to have been caused
by a possible defect in such manufacturer's
motor vehicle or motor vehicle equipment in the
United States, or in a foreign country when the
possible defect is in a motor vehicle or motor
vehicle equipment that is identical or
substantially similar to a motor vehicle or
motor vehicle equipment offered for sale in the
United States.
(4) Handling and utilization of reporting elements.--
(A) Secretary's specifications.--In requiring
the reporting of any information requested by
the Secretary under this subsection, the
Secretary shall specify in the final rule
promulgated under paragraph (1)--
(i) how such information will be
reviewed and utilized to assist in the
identification of defects related to
motor vehicle safety;
(ii) the systems and processes the
Secretary will employ or establish to
review and utilize such information;
and
(iii) the manner and form of
reporting such information, including
in electronic form.
(B) Information in possession of
manufacturer.--The regulations promulgated by
the Secretary under paragraph (1) may not
require a manufacturer of a motor vehicle or
motor vehicle equipment to maintain or submit
records respecting information not in the
possession of the manufacturer.
[(C) Disclosure.--None of the information
collected pursuant to the final rule
promulgated under paragraph (1) shall be
disclosed pursuant to section 30167(b) unless
the Secretary determines the disclosure of such
information will assist in carrying out
sections 30117(b) and 30118 through 30121.]
(C) Disclosure.--
(i) In general.--The information
provided to the Secretary pursuant to
this subsection shall be disclosed
publicly unless exempt from disclosure
under section 552(b) of title 5.
(ii) Presumption.--In administering
this subparagraph, the Secretary shall
presume in favor of maximum public
availability of information.
(D) Burdensome requirements.--In promulgating
the final rule under paragraph (1), the
Secretary shall not impose requirements unduly
burdensome to a manufacturer of a motor vehicle
or motor vehicle equipment, taking into account
the manufacturer's cost of complying with such
requirements and the Secretary's ability to use
the information sought in a meaningful manner
to assist in the identification of defects
related to motor vehicle safety.
(5) Periodic review.--As part of the final rule
promulgated pursuant to paragraph (1), the Secretary
shall specify procedures for the periodic review and
update of such rule.
(n) Sale or Lease of Defective or Noncompliant Tire.--
(1) In general.--The Secretary shall, within 90 days
of the date of the enactment of the Transportation
Recall Enhancement, Accountability, and Documentation
(TREAD) Act, issue a final rule requiring any person
who knowingly and willfully sells or leases for use on
a motor vehicle a defective tire or a tire which is not
compliant with an applicable tire safety standard with
actual knowledge that the manufacturer of such tire has
notified its dealers of such defect or noncompliance as
required under section 30118(c) or as required by an
order under section 30118(b) to report such sale or
lease to the Secretary.
(2) Defect or noncompliance remedied or order not in
effect.--Regulations under paragraph (1) shall not
require the reporting described in paragraph (1) where
before delivery under a sale or lease of a tire--
(A) the defect or noncompliance of the tire
is remedied as required by section 30120; or
(B) notification of the defect or
noncompliance is required under section
30118(b) but enforcement of the order is
restrained or the order is set aside in a civil
action to which section 30121(d) applies.
(o) Corporate Responsibility for Reports.--
(1) In general.--The Secretary shall require a senior
official responsible for safety in each company
submitting information to the Secretary in response to
a request for information in a safety defect or
compliance investigation under this chapter to certify
that--
(A) the signing official has reviewed the
submission; and
(B) based on the official's knowledge, the
submission does not--
(i) contain any untrue statement of a
material fact; or
(ii) omit to state a material fact
necessary in order to make the
statements made not misleading, in
light of the circumstances under which
such statements were made.
(2) Notice.--The certification requirements of this
section shall be clearly stated on any request for
information under paragraph (1).
[30168. Research, testing, development, and training
[(a) General Authority.--
[(1) The Secretary of Transportation shall conduct
research, testing, development, and training necessary
to carry out this chapter. The research, development,
testing, and training shall include--
[(A) collecting information to determine the
relationship between motor vehicle or motor
vehicle equipment performance characteristics
and--
[(i) accidents involving motor
vehicles; and
[(ii) the occurrence of death or
personal injury resulting from those
accidents;
[(B) obtaining experimental and other motor
vehicles and motor vehicle equipment for
research or testing; and
[(C) selling or otherwise disposing of test
motor vehicles and motor vehicle equipment and
crediting the proceeds to current
appropriations available to carry out this
chapter.
[(2) The Secretary may carry out this subsection
through grants to States, interstate authorities, and
nonprofit institutions.
[(b) Use of Public Agencies.--In carrying out this chapter,
the Secretary shall use the services, research, and testing
facilities of public agencies to the maximum extent practicable
to avoid duplication.
[(c) Facilities.--The Secretary may plan, design, and build a
new facility or modify an existing facility to conduct
research, development, and testing in traffic safety, highway
safety, and motor vehicle safety. An expenditure of more than
$100,000 for planning, design, or construction may be made only
if the planning, design, or construction is approved by
substantially similar resolutions by the Committees on Commerce
and Transportation and Infrastructure of the House of
Representatives and the Committees on Commerce, Science, and
Transportation and Environment and Public Works of the Senate.
To obtain that approval, the Secretary shall submit to Congress
a prospectus on the proposed facility. The prospectus shall
include--
[(1) a brief description of the facility being
planned, designed, or built;
[(2) the location of the facility;
[(3) an estimate of the maximum cost of the facility;
[(4) a statement identifying private and public
agencies that will use the facility and the
contribution each agency will make to the cost of the
facility; and
[(5) a justification of the need for the facility.
[(d) Increasing Costs of Approved Facilities.--The estimated
maximum cost of a facility approved under subsection (c) of
this section may be increased by an amount equal to the
percentage increase in construction costs from the date the
prospectus is submitted to Congress. However, the increase in
the cost of the facility may not be more than 10 percent of the
estimated maximum cost included in the prospectus. The
Secretary shall decide what increase in construction costs has
occurred.
[(e) Availability of Information, Patents, and
Developments.--When the United States Government makes more
than a minimal contribution to a research or development
activity under this chapter, the Secretary shall include in the
arrangement for the activity a provision to ensure that all
information, patents, and developments related to the activity
are available to the public. However, the owner of a background
patent may not be deprived of a right under the patent.]
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, noncompliance, or any violation or
alleged violation of any notification or reporting
requirement of this chapter;
(2) has filed, caused to be filed, or is about to
file (with any knowledge of the employer) or cause to
be filed a proceeding relating to any violation or
alleged violation of any motor vehicle defect,
noncompliance, 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 (hereinafter in this section
referred to as the ``Secretary'') alleging such
discharge or discrimination. Upon receipt of such a
complaint, the Secretary shall notify, in writing, the
person named in the complaint of the filing of the
complaint, of the allegations contained in the
complaint, of the substance of evidence supporting the
complaint, and of the opportunities that will be
afforded to such person under paragraph (2).
(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 (5) 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 (5)
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.
(C) Attorneys' fees.--If such an order is
issued under this paragraph, the Secretary, at
the request of the complainant, shall assess
against the person against whom the order is
issued a sum equal to the aggregate amount of
all costs and expenses (including attorneys'
and expert witness fees) reasonably incurred,
as determined by the Secretary, by the
complainant for, or in connection with,
bringing the complaint upon which the order was
issued.
(D) Frivolous complaints.--If the Secretary
determines that a complaint under paragraph (1)
is frivolous or has been brought in bad faith,
the Secretary may award to the prevailing
employer a reasonable attorney's fee not
exceeding $1,000.
(E) De novo review.--With respect to a
complaint under paragraph (1), if the 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 fails to comply with an order issued under
paragraph (3), the Secretary may file a civil action in
the United States district court for the district in
which the violation was found to occur to enforce such
order. In actions brought under this paragraph, the
district courts shall have jurisdiction to grant all
appropriate relief, including injunctive relief and
compensatory damages.
(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 under 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.
SUBCHAPTER V--MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT
30181. Policy
The Secretary of Transportation shall conduct research,
development, and testing on any area or aspect of motor vehicle
safety necessary to carry out this chapter.
30182. Powers and duties
(a) In General.--The Secretary of Transportation shall--
(1) conduct motor vehicle safety research,
development, and testing programs and activities,
including new and emerging technologies that impact or
may impact motor vehicle safety;
(2) collect and analyze all types of motor vehicle
and highway safety data and related information to
determine the relationship between motor vehicle or
motor vehicle equipment performance characteristics
and--
(A) accidents involving motor vehicles; and
(B) deaths or personal injuries resulting
from those accidents;
(3) promote, support, and advance the education and
training of motor vehicle safety staff of the National
Highway Traffic Safety Administration, including using
program funds for--
(A) planning, implementing, conducting, and
presenting results of program activities; and
(B) travel and related expenses;
(4) obtain experimental and other motor vehicles and
motor vehicle equipment for research or testing;
(5)(A) use any test motor vehicles and motor vehicle
equipment suitable for continued use, as determined by
the Secretary to assist in carrying out this chapter or
any other chapter of this title; or
(B) sell or otherwise dispose of test motor
vehicles and motor vehicle equipment and use
the resulting proceeds to carry out this
chapter;
(6) award grants to States and local governments,
interstate authorities, and nonprofit institutions; and
(7) enter into cooperative agreements, collaborative
research, or contracts with Federal agencies,
interstate authorities, State and local governments,
other public entities, private organizations and
persons, nonprofit institutions, colleges and
universities, consumer advocacy groups, corporations,
partnerships, sole proprietorships, trade associations,
Federal laboratories (including government-owned,
government-operated laboratories and government-owned,
contractor-operated laboratories), and foreign
governments and research organizations.
(b) Use of Public Agencies.--In carrying out this subchapter,
the Secretary shall avoid duplication by using the services,
research, and testing facilities of public agencies, as
appropriate.
(c) Facilities.--The Secretary may plan, design, and build a
new facility or modify an existing facility to conduct
research, development, and testing in traffic safety, highway
safety, and motor vehicle safety.
(d) Availability of Information, Patents, and Developments.--
When the United States Government makes more than a minimal
contribution to a research or development activity under this
chapter, the Secretary shall include in the arrangement for the
activity a provision to ensure that all information, patents,
and developments related to the activity are available to the
public without charge. The owner of a background patent may not
be deprived of a right under the patent.
30183. Prohibition on certain disclosures.
Any report of the National Highway Traffic Safety
Administration, or of any officer, employee, or contractor of
the National Highway Traffic Safety Administration, relating to
any highway traffic accident or the investigation of such
accident conducted pursuant to this chapter or section 403 of
title 23, shall be made available to the public in a manner
that does not identify individuals.
CHAPTER 303. NATIONAL DRIVER REGISTER
30302. National Driver Register
(a) Establishment and Contents.--The Secretary of
Transportation shall establish as soon as practicable and
maintain a National Driver Register to assist chief driver
licensing officials of participating States in exchanging
information about the motor vehicle driving records of
individuals. The Register shall contain an index of the
information reported to the Secretary under section 30304 of
this title. The Register shall enable the Secretary
(electronically or, until all States can participate
electronically, by United States mail)--
(1) to receive information submitted under section
30304 of this title by the chief driver licensing
official of a State of record;
(2) to receive a request for information made by the
chief driver licensing official of a participating
State under section 30305 of this title;
(3) to refer the request to the chief driver
licensing official of a State of record; and
(4) in response to the request, to relay information
provided by a chief driver licensing official of a
State of record to the chief driver licensing official
of a participating State, without interception of the
information.
(b) Accuracy of Information.--The Secretary is not
responsible for the accuracy of information relayed to the
chief driver licensing official of a participating State.
However, the Secretary shall maintain the Register in a way
that ensures against inadvertent alteration of information
during a relay. The Secretary shall make continual improvements
to modernize the Register's data processing system.
* * * * * * *
PART C. INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 323. CONSUMER INFORMATION
32301. Definitions
In this chapter--
(1) ``crash avoidance'' means preventing or
mitigating a crash;
[(1)] (2) ``crashworthiness'' means the protection a
passenger motor vehicle gives its passengers against
personal injury or death from a motor vehicle
accident[.] ; and
[(2)] (3) ``damage susceptibility'' means the
susceptibility of a passenger motor vehicle to damage
in a motor vehicle accident.
32302. Passenger motor vehicle information
(a) Information Program.--The Secretary of Transportation
shall maintain a program for developing the following
information on passenger motor vehicles:
(1) damage susceptibility.
(2) crashworthiness, crash avoidance, and any other
areas the Secretary determines will improve the safety
of passenger motor vehicles.
(3) the degree of difficulty of diagnosis and repair
of damage to, or failure of, mechanical and electrical
systems.
[(4) vehicle operating costs dependent on the
characteristics referred to in clauses (1)-(3) of this
subsection, including insurance information obtained
under section 32303 of this title.]
(b) Motor Vehicle Information.--To assist a consumer in
buying a passenger motor vehicle, the Secretary shall provide
to the public information developed under subsection (a) of
this section. The information shall be in a simple and
understandable form that allows comparison of the
characteristics referred to in subsection (a)(1)-(3) of this
section among the makes and models of passenger motor vehicles.
The Secretary may require passenger motor vehicle dealers to
distribute the information to prospective buyers.
(c) Insurance Cost Information.--The Secretary shall
prescribe regulations that require passenger motor vehicle
dealers to distribute to prospective buyers information the
Secretary develops and provides to the dealers that compares
insurance costs for different makes and models of passenger
motor vehicles based on damage susceptibility and
crashworthiness.
(d) Motor Vehicle Defect Reporting Information.--
(1) Rulemaking required.--Not later than 1 year after
the date of the enactment of the Motor Vehicle and
Highway Safety Improvement Act of 2011, the Secretary
shall prescribe regulations that require passenger
motor vehicle manufacturers--
(A) to affix, in the glove compartment or in
another readily accessible location on the
vehicle, a sticker, decal, or other device that
provides, in simple and understandable
language, information about how to submit a
safety-related motor vehicle defect complaint
to the National Highway Traffic Safety
Administration;
(B) to prominently print the information
described in subparagraph (A) on a separate
page within the owner's manual; and
(C) to not place such information on the
label required under section 3 of the
Automobile Information Disclosure Act (15
U.S.C. 1232).
(2) Application.--The requirements under paragraph
(1) shall apply to passenger motor vehicles
manufactured in any model year beginning more than 1
year after the date on which a final rule is published
under paragraph (1).
CHAPTER 327. ODOMETERS
32702. Definitions
In this chapter--
(1) ``auction company'' means a person taking
possession of a motor vehicle owned by another to sell
at an auction.
(2) ``dealer'' means a person that sold at least 5
motor vehicles during the prior 12 months to buyers
that in good faith bought the vehicles other than for
resale.
(3) ``distributor'' means a person that sold at least
5 motor vehicles during the prior 12 months for resale.
(4) ``leased motor vehicle'' means a motor vehicle
leased to a person for at least 4 months by a lessor
that leased at least 5 vehicles during the prior 12
months.
(5) ``odometer'' means an instrument or system of
components for measuring and recording the distance a
motor vehicle is driven, but does not include an
auxiliary instrument designed to be reset by the
operator of the vehicle to record mileage of a trip.
(6) ``repair'' and ``replace'' mean to restore to a
sound working condition by replacing any part of an
odometer or by correcting any inoperative part of an
odometer.
(7) ``title'' means the certificate of title or other
document issued by the State indicating ownership.
(8) ``transfer'' means to change ownership by sale,
gift, or any other means.
32705. Disclosure requirements on transfer of motor vehicles
* * * * * * *
(g) Electronic Disclosures.--In carrying out this section,
the Secretary may prescribe regulations permitting any written
disclosures or notices and related matters to be provided
electronically.
32709. Penalties and enforcement
(a) Civil Penalty.--
(1) A person that violates this chapter or a
regulation prescribed or order issued under this
chapter is liable to the United States Government for a
civil penalty of not more than [$2,000] $10,000 for
each violation. A separate violation occurs for each
motor vehicle or device involved in the violation. The
maximum penalty under this subsection for a related
series of violations is [$100,000] $1,000,000.
(2) The Secretary of Transportation shall impose a
civil penalty under this subsection. The Attorney
General shall bring a civil action to collect the
penalty. Before referring a penalty claim to the
Attorney General, the Secretary may compromise the
amount of the penalty. Before compromising the amount
of the penalty, the Secretary shall give the person
charged with a violation an opportunity to establish
that the violation did not occur.
(3) In determining the amount of a civil penalty
under this subsection, the Secretary shall consider--
(A) the nature, circumstances, extent, and
gravity of the violation;
(B) with respect to the violator, the degree
of culpability, any history of prior
violations, the ability to pay, and any effect
on the ability to continue doing business; and
(C) other matters that justice requires.
(b) Criminal Penalty.--A person that knowingly and willfully
violates this chapter or a regulation prescribed or order
issued under this chapter shall be fined under title 18,
imprisoned for not more than 3 years, or both. If the person is
a corporation, the penalties of this subsection also apply to a
director, officer, or individual agent of a corporation who
knowingly and willfully authorizes, orders, or performs an act
in violation of this chapter or a regulation prescribed or
order issued under this chapter without regard to penalties
imposed on the corporation.
(c) Civil Actions by Attorney General.--The Attorney General
may bring a civil action to enjoin a violation of this chapter
or a regulation prescribed or order issued under this chapter.
The action may be brought in the United States district court
for the judicial district in which the violation occurred or
the defendant is found, resides, or does business. Process in
the action may be served in any other judicial district in
which the defendant resides or is found. A subpena for a
witness in the action may be served in any judicial district.
(d) Civil Actions by States.--
(1) When a person violates this chapter or a
regulation prescribed or order issued under this
chapter, the chief law enforcement officer of the State
in which the violation occurs may bring a civil
action--
(A) to enjoin the violation; or
(B) to recover amounts for which the person
is liable under section 32710 of this title for
each person on whose behalf the action is
brought.
(2) An action under this subsection may be brought in
an appropriate United States district court or in a
State court of competent jurisdiction. The action must
be brought not later than 2 years after the claim
accrues.
32710. Civil actions by private persons
(a) Violation and Amount of Damages.--A person that violates
this chapter or a regulation prescribed or order issued under
this chapter, with intent to defraud, is liable for 3 times the
actual damages or [$1,500] $10,000, whichever is greater.
(b) Civil Actions.--A person may bring a civil action to
enforce a claim under this section in an appropriate United
States district court or in another court of competent
jurisdiction. The action must be brought not later than 2 years
after the claim accrues. The court shall award costs and a
reasonable attorney's fee to the person when a judgment is
entered for that person.
CHAPTER 331. THEFT PREVENTION
[33112. Insurance reports and information
[(a) Purposes.--The purposes of this section are--
[(1) to prevent or discourage the theft of motor
vehicles, particularly those stolen for the removal of
certain parts;
[(2) to prevent or discourage the sale and
distribution in interstate commerce of used parts that
are removed from those vehicles; and
[(3) to help reduce the cost to consumers of
comprehensive insurance coverage for motor vehicles.
[(b) Definitions.--In this section--
[(1) ``insurer'' includes a person (except a
governmental authority) having a fleet of at least 20
motor vehicles that are used primarily for rental or
lease and are not covered by a theft insurance policy
issued by an insurer of passenger motor vehicles.
[(2) ``motor vehicle'' includes a truck, a
multipurpose passenger vehicle, and a motorcycle.
[(c) Annual Information Requirement.--
[(1) An insurer providing comprehensive coverage for
motor vehicles shall provide annually to the Secretary
of Transportation information on--
[(A) the thefts and recoveries (in any part)
of motor vehicles;
[(B) the number of vehicles that have been
recovered intact;
[(C) the rating rules and plans, such as loss
information and rating characteristics, used by
the insurer to establish premiums for
comprehensive coverage, including the basis for
the premiums, and premium penalties for motor
vehicles considered by the insurer as more
likely to be stolen;
[(D) the actions taken by the insurer to
reduce the premiums, including changing rate
levels for comprehensive coverage because of a
reduction in thefts of motor vehicles;
[(E) the actions taken by the insurer to
assist in deterring or reducing thefts of motor
vehicles; and
[(F) other information the Secretary requires
to carry out this chapter and to make the
report and findings required by this chapter.
[(2) The information on thefts and recoveries shall
include an explanation on how the information is
obtained, the accuracy and timeliness of the
information, and the use made of the information,
including the extent and frequency of reporting the
information to national, public, and private entities
such as the Federal Bureau of Investigation and State
and local police.
[(d) Reports on Reduced Claims Payments.--An insurer shall
report promptly in writing to the Secretary if the insurer, in
paying a claim under an adjustment or negotiation between the
insurer and the insured for a stolen motor vehicle--
[(1) reduces the payment to the insured by the amount
of the value, salvage or otherwise, of a recovered part
subject to a standard prescribed under section 33102 or
33103 of this title; and
[(2) the reduction is not made at the express
election of the insured.
[(e) General Exemptions.--The Secretary shall exempt from
this section, for one or more years, an insurer that the
Secretary decides should be exempted because--
[(1) the cost of preparing and providing the
information is excessive in relation to the size of the
insurer's business; and
[(2) the information from that insurer will not
contribute significantly to carrying out this chapter.
[(f) Small Insurer Exemptions.--
[(1) In this subsection, ``small insurer'' means an
insurer whose premiums for motor vehicle insurance
issued directly or through an affiliate, including a
pooling arrangement established under State law or
regulation for the issuance of motor vehicle insurance,
account for--
[(A) less than one percent of the total
premiums for all forms of motor vehicle
insurance issued by insurers in the United
States; and
[(B) less than 10 percent of the total
premiums for all forms of motor vehicle
insurance issued by insurers in any State.
[(2) The Secretary shall exempt by regulation a small
insurer from this section if the Secretary finds that
the exemption will not significantly affect the
validity or usefulness of the information collected and
compiled under this section, nationally or State-by-
State. However, the Secretary may not exempt an insurer
under this paragraph that is considered an insurer only
because of subsection (b)(1) of this section.
[(3) Regulations under this subsection shall provide
that eligibility as a small insurer shall be based on
the most recent calendar year for which adequate
information is available, and that, once attained, the
eligibility shall continue without further
demonstration of eligibility for one or more years, as
the Secretary considers appropriate.
[(g) Prescribed Form.--Information required by this section
shall be provided in the form the Secretary prescribes.
[(h) Periodic Compilations.--Subject to section 552 of title
5, the Secretary periodically shall compile and publish
information obtained by the Secretary under this section, in a
form that will be helpful to the public, the police, and
Congress.
[(i) Consultation.--In carrying out this section, the
Secretary shall consult with public and private agencies and
associations the Secretary considers appropriate.]
SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A
LEGACY FOR USERS (SAFETEA-LU)
SEC. 2009. HIGH VISIBILITY ENFORCEMENT PROGRAM.
[23 U.S.C. 402 note]
(a) In General.--The Administrator of the National Highway
Traffic Safety Administration shall establish and administer a
program under which [at least 2] at least 3 high-visibility
traffic safety law enforcement campaigns will be carried out
for the purposes specified in subsection (b) in each of [years
2006 through 2012.] fiscal years 2012 and 2013. The
Administrator may also initiate and support additional
campaigns in each of fiscal years 2012 and 2013 for the
purposes specified in subsection (b).
(b) Purpose.-- The purpose of each law enforcement campaign
under this section shall be to achieve [either or both]
outcomes related to at least 1 of the following objectives:
(1) Reduce alcohol-impaired or drug-impaired
operation of motor vehicles.
(2) Increase use of seat belts by occupants of motor
vehicles.
(c) Advertising.--The Administrator may use, or authorize the
use of, funds available to carry out this section to pay for
the development, production, and use of broadcast and print
media advertising and Internet-based outreach in carrying out
traffic safety law enforcement campaigns under this section.
Consideration shall be given to advertising directed at non-
English speaking populations, including those who listen, read,
or watch nontraditional media.
(d) Coordination with States.-- The Administrator shall
coordinate with the States in carrying out the traffic safety
law enforcement campaigns under this section, including
advertising funded under subsection (c), with a view to--
(1) relying on States to provide the law enforcement
resources for the campaigns out of funding available
under this section and sections 402, 405, 406, and 410
of title 23, United States Code; and
(2) providing out of National Highway Traffic Safety
Administration resources most of the means necessary
for national advertising and education efforts
associated with the law enforcement campaigns.
(e) Use of Funds.-- Funds made available to carry out this
section may only be used for activities described in
[subsections (a), (c), and (f)] subsection (c).
[(f) Annual Evaluation.-- The Secretary shall conduct an
annual evaluation of the effectiveness of campaigns referred to
in subsection (a).]
[(g)] (f) State Defined.-- The term ``State'' has the meaning
such term has under section 401 of title 23, United States
Code.
SEC. 2010. MOTORCYCLIST SAFETY.
[23 U.S.C. 402 note]
(a) Authority to Make Grants.--Subject to the requirements of
this section, the Secretary shall make grants to States that
adopt and implement effective programs to reduce the number of
single- and multi-vehicle crashes involving motorcyclists.
[(b) Maintenance of Effort.--No grant may be made to a State
under this section in a fiscal year unless the State enters
into such agreements with the Secretary as the Secretary may
require to ensure that the State will maintain its aggregate
expenditures from all the other sources for motorcyclist safety
training programs and motorcyclist awareness programs at or
above the average level of such expenditures in its 2 fiscal
years preceding the date of enactment of this Act.]
[(c)] (b) Allocation.--The amount of a grant made to a State
for a fiscal year under this section may not be less than
$100,000 and may not exceed 25 percent of the amount
apportioned to the State for fiscal year 2003 under section 402
of title 23, United States Code.
[(d)] (c) Grant Eligibility.--
(1) In general.--A State becomes eligible for a grant
under this section by adopting or demonstrating [to the
satisfaction of the Secretary--
(A) for the first fiscal year for which the
State will receive a grant under this section,
at least 1 of the 6 criteria listed in
paragraph (2); and
(B) for the second, third, fourth, fifth,
sixth, and seventh fiscal years for which the
State will receive a grant under this section,
at least 2 of the 6 criteria listed in
paragraph (2).], to the satisfaction of the
Secretary, at least 2 of the 6 criteria listed
in paragraph (2).
(2) Criteria.--The criteria for eligibility for a
grant under this section are the following:
(A) Motorcycle rider training courses.--An
effective motorcycle rider training course that
is offered throughout the State, provides a
formal program of instruction in accident
avoidance and other safety-oriented operational
skills to motorcyclists and that may include
innovative training opportunities to meet
unique regional needs.
(B) Motorcyclists awareness program.--An
effective statewide program to enhance motorist
awareness of the presence of motorcyclists on
or near roadways and safe driving practices
that avoid injuries to motorcyclists.
(C) Reduction of fatalities and crashes
involving motorcycles.--A reduction for the
preceding calendar year in the number of
motorcycle fatalities and the rate of motor
vehicle crashes involving motorcycles in the
State (expressed as a function of 10,000
motorcycle registrations).
(D) Impaired driving program.--Implementation
of a statewide program to reduce impaired
driving, including specific measures to reduce
impaired motorcycle operation.
(E) Reduction of fatalities and accidents
involving impaired motorcyclists.--A reduction
for the preceding calendar year in the number
of fatalities and the rate of reported crashes
involving alcohol- or drug-impaired motorcycle
operators (expressed as a function of 10,000
motorcycle registrations).
(F) Fees collected from motorcyclists.--All
fees collected by the State from motorcyclists
for the purposes of funding motorcycle training
and safety programs will be used for motorcycle
training and safety programs.
[(e)] (d) Eligible Uses.--
(1) In general.--A State may use funds from a grant
under this section only for motorcyclist safety
training and motorcyclist awareness programs,
including--
(A) improvements to motorcyclist safety
training curricula;
(B) improvements in program delivery of
motorcycle training to both urban and rural
areas, including--
(i) procurement or repair of practice
motorcycles;
(ii) instructional materials;
(iii) mobile training units; and
(iv) leasing or purchasing facilities
for closed-course motorcycle skill
training;
(C) measures designed to increase the
recruitment or retention of motorcyclist safety
training instructors; and
(D) public awareness, public service
announcements, and other outreach programs to
enhance driver awareness of motorcyclists, such
as the ``share-the-road'' safety messages
developed under subsection (g).
(2) Suballocations of funds.--An agency of a State
that receives a grant under this section may
suballocate funds from the grant to a nonprofit
organization incorporated in that State to carry out
under this section.
[(f)] (e) Definitions.--In this section, the following
definitions apply:
(1) Motorcyclist safety training.--The term
``motorcyclist safety training'' means a formal program
of instruction that is approved for use in a State by
the designated State authority having jurisdiction over
motorcyclist safety issues, which may include the State
motorcycle safety administrator or a motorcycle
advisory council appointed by the Governor of the
State.
(2) Motorcyclist awareness.--The term ``motorcyclist
awareness'' means individual or collective awareness
of--
(A) the presence of motorcycles on or near
roadways; and
(B) safe driving practices that avoid injury
to motorcyclists.
(3) Motorcyclist awareness program.--The term
``motorcyclist awareness program'' means an
informational or public awareness program designed to
enhance motorcyclist awareness that is developed by or
in coordination with the designated State authority
having jurisdiction over motorcyclist safety issues,
which may include the State motorcycle safety
administrator or a motorcycle advisory council
appointed by the Governor of the State.
(4) State.--The term ``State'' has the same meaning
such term has in section 101(a) of title 23, United
States Code.
[(g) Share-the-Road Model Language.--Not later than 1 year
after the date of enactment of this Act, the Secretary, in
consultation with the Administrator of the National Highway
Traffic Safety Administration, shall develop and provide to the
States model language for use in traffic safety education
courses, driver's manuals, and other driver's training
materials instructing the drivers of motor vehicles on the
importance of sharing the roads safely with motorcyclists.]
SEC. 10202. FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY MEDICAL
SERVICES.
[42 U.S.C. 300d-4]
(a) Federal Interagency Committee on Emergency Medical
Services.--
(1) Establishment.--The Secretary of Transportation,
the Secretary of Health and Human Services, and the
Secretary of Homeland Security, acting through the
Under Secretary for Emergency Preparedness and
Response, shall establish a Federal Interagency
Committee on Emergency Medical Services.
(2) Membership.--The Interagency Committee shall
consist of the following officials, or their designees:
(A) The Administrator, National Highway
Traffic Safety Administration.
(B) The Director, Preparedness Division,
Directorate of Emergency Preparedness and
Response of the Department of Homeland
Security.
(C) The Administrator, Health Resources and
Services Administration, Department of Health
and Human Services.
(D) The Director, Centers for Disease Control
and Prevention, Department of Health and Human
Services.
(E) The Administrator, United States Fire
Administration, Directorate of Emergency
Preparedness and Response of the Department of
Homeland Security.
(F) The Administrator, Centers for Medicare
and Medicaid Services, Department of Health and
Human Services.
(G) The Under Secretary of Defense for
Personnel and Readiness.
(H) The Director, Indian Health Service,
Department of Health and Human Services.
(I) The Chief, Wireless Telecommunications
Bureau, Federal Communications Commission.
(J) A representative of any other Federal
agency appointed by the Secretary of
Transportation or the Secretary of Homeland
Security through the Under Secretary for
Emergency Preparedness and Response, in
consultation with the Secretary of Health and
Human Services, as having a significant role in
relation to the purposes of the Interagency
Committee.
(K) A State emergency medical services
director appointed by the Secretary.
(3) Purposes.--The purposes of the Interagency
Committee are as follows:
(A) To ensure coordination among the Federal
agencies involved with State, local, tribal, or
regional emergency medical services and 9-1-1
systems.
(B) To identify State, local, tribal, or
regional emergency medical services and 9-1-1
needs.
(C) To recommend new or expanded programs,
including grant programs, for improving State,
local, tribal, or regional emergency medical
services and implementing improved emergency
medical services communications technologies,
including wireless 9-1-1.
(D) To identify ways to streamline the
process through which Federal agencies support
State, local, tribal or regional emergency
medical services.
(E) To assist State, local, tribal or
regional emergency medical services in setting
priorities based on identified needs.
(F) To advise, consult, and make
recommendations on matters relating to the
implementation of the coordinated State
emergency medical services programs.
(4) Administration.--The Administrator of the
National Highway Traffic Safety Administration, in
cooperation with the Administrator of the Health
Resources and Services Administration of the Department
of Health and Human Services and the Director of the
Preparedness Division, Directorate of Emergency
Preparedness and Response of the Department of Homeland
Security, shall provide administrative support to the
Interagency Committee, including scheduling meetings,
setting agendas, keeping minutes and records, and
producing reports.
(5) Leadership.--The members of the Interagency
Committee shall select a chairperson of the Committee
each year.
(6) Meetings.--The Interagency Committee shall meet
as frequently as is determined necessary by the
chairperson of the Committee.
(7) Annual reports.--The Interagency Committee shall
prepare an annual report to Congress regarding the
Committee's activities, actions, and recommendations.
(b) National Emergency Medical Services Advisory Council.--
(1) Establishment.--The Secretary of Transportation,
in coordination with the Secretary of Health and Human
Services and the Secretary of Homeland Security, shall
establish a National Emergency Medical Services
Advisory Council (referred to in this subsection as the
``Advisory Council'').
(2) Membership.--The Advisory Council shall be
composed of 25 members, who--
(A) shall be appointed by the Secretary of
Transportation; and
(B) shall collectively be representative of
all sectors of the emergency medical services
community.
(3) Purposes.--The purposes of the Advisory Council
are to advise and consult with--
(A) the Federal Interagency Committee on
Emergency Medical Services on matters relating
to emergency medical services issues; and
(B) the Secretary of Transportation on
matters relating to emergency medical services
issues affecting the Department of
Transportation.
(4) Administration.--The Administrator of the
National Highway Traffic Safety Administration shall
provide administrative support to the Advisory Council,
including scheduling meetings, setting agendas, keeping
minutes and records, and producing reports.
(5) Leadership.--The members of the Advisory Council
shall annually select a chairperson of the Council.
(6) Meetings.--The Advisory Council shall meet as
frequently as is determined necessary by the
chairperson of the Council.
(7) Annual reports.--The Advisory Council shall
prepare an annual report to the Secretary of
Transportation regarding the Council's actions and
recommendations.
AUTOMOBILE INFORMATION DISCLOSURE ACT
SEC. 3. LABEL AND ENTRY REQUIREMENTS.
[15 U.S.C. 1232]
Every manufacturer of new automobiles distributed in commerce
shall, prior to the delivery of any new automobile to any
dealer, or at or prior to the introduction date of new models
delivered to a dealer prior to such introduction date, securely
affix to the windshield, or side window of such automobile a
label on which such manufacturer shall endorse clearly,
distinctly and legibly true and correct entries disclosing the
following information concerning such automobile--
(a) the make, model, and serial or identification number or
numbers;
(b) the final assembly point;
(c) the name, and the location of the place of business, of
the dealer to whom it is to be delivered;
(d) the name of the city or town at which it is to be
delivered to such dealer;
(e) the method of transportation used in making delivery of
such automobile, if driven or towed from final assembly point
to place of delivery;
(f) the following information:
(1) the retail price of such automobile suggested by
the manufacturer;
(2) the retail delivered price suggested by the
manufacturer for each accessory or item of optional
equipment, physically attached to such automobile at
the time of its delivery to such dealer, which is not
included within the price of such automobile as stated
pursuant to paragraph (1);
(3) the amount charged, if any, to such dealer for
the transportation of such automobile to the location
at which it is delivered to such dealer; and
(4) the total of the amounts specified pursuant to
paragraphs (1), (2), and (3);
(g) if one or more safety ratings for such automobile have
been assigned and formally published or released by the
National Highway Traffic Safety Administration under the New
Car Assessment Program, information about safety ratings that--
(1) includes a graphic depiction of the number of
stars, or other applicable rating, that corresponds to
each such assigned safety rating displayed in a clearly
differentiated fashion indicating the maximum possible
safety rating;
(2) refers to safety rating categories that may
include frontal impact crash tests, side impact crash
tests, and rollover resistance tests (whether or not
such automobile has been assigned a safety rating for
such tests);
(3) contains information describing the nature and
meaning of the crash test data presented and a
reference to additional vehicle safety resources,
including http://www.safecar.gov; and
(4) is presented in a legible, visible, and prominent
fashion and covers at least--
(A) 8 percent of the total area of the label;
or
(B) an area with a minimum length of 4 1/2
inches and a minimum height of 3 1/2 inches;
and
(h) if an automobile has not been tested by the National
Highway Traffic Safety Administration under the New Car
Assessment Program, or safety ratings for such automobile have
not been assigned in one or more rating categories, a statement
to that effect.