[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

----------
\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

======================================================================



 
        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
                                                ----------------------------------------------------------------
                                                   2012     2013     2014     2015     2016     2017   2012-2017
----------------------------------------------------------------------------------------------------------------
                                           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
----------------------------------------------------------------------------------------------------------------
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.

                                  
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