< Back to S. 3302 (111th Congress, 2009–2010)

Text of the Motor Vehicle Safety Act of 2010

This bill was introduced on June 9, 2010, in a previous session of Congress, but was not enacted. The text of the bill below is as of Nov 29, 2010 (Reported by Senate Committee).

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S 3302 RS

Calendar No. 653

111th CONGRESS

2d Session

S. 3302

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

IN THE SENATE OF THE UNITED STATES

May 4, 2010

Mr. ROCKEFELLER (for himself, Mr. PRYOR, Mrs. Boxer, Ms. Cantwell, Mr. lautenberg, Ms. Klobuchar, Mr. BEGICH, Mr. UDALL of New Mexico, Mrs. McCaskill, and Ms. Snowe) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

November 29, 2010

Reported by Mr. Rockefeller with an amendment in the nature of a substitute

[Strike all after the enacting clause and insert the part printed in italic]


A BILL

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

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

[Struck out->] SECTION 1. SHORT TITLE; TABLE OF CONTENTS. [<-Struck out]

    [Struck out->] (a) Short Title- This Act may be cited as the ‘Motor Vehicle Safety Act of 2010’. [<-Struck out]

    [Struck out->] (b) Table of Contents- The table of contents for this Act is as follows: [<-Struck out]

      [Struck out->] Sec. 1. Short title; table of contents. [<-Struck out]

      [Struck out->] Sec. 2. Definitions. [<-Struck out]

[Struck out->] TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS [<-Struck out]

      [Struck out->] Sec. 101. NHTSA electronics, software, and engineering expertise. [<-Struck out]

      [Struck out->] Sec. 102. Vehicle stopping distance and brake override standard. [<-Struck out]

      [Struck out->] Sec. 103. Pedal placement standard. [<-Struck out]

      [Struck out->] Sec. 104. Electronic systems performance standard. [<-Struck out]

      [Struck out->] Sec. 105. Keyless ignition systems standard. [<-Struck out]

      [Struck out->] Sec. 106. Transmission configuration standard. [<-Struck out]

      [Struck out->] Sec. 107. Vehicle event data recorders. [<-Struck out]

[Struck out->] TITLE II--ENHANCED SAFETY AUTHORITIES [<-Struck out]

      [Struck out->] Sec. 201. Civil penalties. [<-Struck out]

      [Struck out->] Sec. 202. Imminent hazard authority. [<-Struck out]

[Struck out->] TITLE III--TRANSPARENCY AND ACCOUNTABILITY [<-Struck out]

      [Struck out->] Sec. 301. Public availability of early warning data. [<-Struck out]

      [Struck out->] Sec. 302. Improved NHTSA vehicle safety database. [<-Struck out]

      [Struck out->] Sec. 303. Consumer notice of software updates and other communications with dealers. [<-Struck out]

      [Struck out->] Sec. 304. Promotion of vehicle defect reporting. [<-Struck out]

      [Struck out->] Sec. 305. NHTSA hotline for manufacturer, dealer, and mechanic personnel. [<-Struck out]

      [Struck out->] Sec. 306. Whistleblower protections for motor vehicle manufacturer, part supplier, and dealership employees. [<-Struck out]

      [Struck out->] Sec. 307. Corporate responsibility for NHTSA reports. [<-Struck out]

      [Struck out->] Sec. 308. Anti-revolving door. [<-Struck out]

      [Struck out->] Sec. 309. Deadlines for rulemaking. [<-Struck out]

[Struck out->] TITLE IV--FUNDING [<-Struck out]

      [Struck out->] Sec. 401. Authorization of appropriations. [<-Struck out]

[Struck out->] SEC. 2. DEFINITIONS. [<-Struck out]

    [Struck out->] In this Act: [<-Struck out]

      [Struck out->] (1) Passenger vehicle- The term ‘passenger vehicle’ means a motor vehicle (as defined in section 30102(a)(6) of title 49, United States Code), other than a motorcycle or trailer, that is rated at less than 10,000 pounds gross vehicular weight. [<-Struck out]

      [Struck out->] (2) Secretary- The term ‘Secretary’ means the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration. [<-Struck out]

[Struck out->]

TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS

[<-Struck out]

[Struck out->] SEC. 101. NHTSA ELECTRONICS, SOFTWARE, AND ENGINEERING EXPERTISE. [<-Struck out]

    [Struck out->] (a) Center for Vehicle Electronics, Vehicle Software, and Emerging Technologies- The Secretary shall establish, within the National Highway Traffic Safety Administration, a Center for Vehicle Electronics, Vehicle Software, and Emerging Technologies to build, integrate, and aggregate the agency’s expertise in vehicle electronics and other new and emerging technologies. The center shall coordinate with all components of the agency responsible for vehicle safety, including research and development, rulemaking, and defects investigation. [<-Struck out]

    [Struck out->] (b) Honors Recruitment Program- The Secretary shall establish, within the National Highway Traffic Safety Administration, an honors program for engineering students, computer science students, and other students interested in vehicle safety that will enable them to train with engineers and other safety officials for a career in vehicle safety. The Secretary is authorized to provide a stipend to students during their participation in the program. [<-Struck out]

[Struck out->] SEC. 102. VEHICLE STOPPING DISTANCE AND BRAKE OVERRIDE STANDARD. [<-Struck out]

    [Struck out->] (a) Unintended Acceleration- The Secretary shall initiate a rulemaking proceeding to prescribe a Federal motor vehicle safety standard that would prevent unintended acceleration in passenger vehicles. The standard-- [<-Struck out]

      [Struck out->] (1) shall require manufacturers of passenger vehicles to equip the vehicles with a technology or mechanism that enables a driver to bring a vehicle safely to a full stop within a specified distance, to be determined by the Secretary according to the speed, size, and weight of the vehicle, by normal braking pressure even if the vehicle is operating simultaneously at open throttle; [<-Struck out]

      [Struck out->] (2) may permit compliance through a smart pedal system that requires brake pedal input, after a period of time, to override the input signal from the accelerator pedal and other functions, in order to safely control the vehicle; [<-Struck out]

      [Struck out->] (3) shall require that redundant circuits or other mechanisms be built into accelerator control systems, including systems controlled by electronic throttle, to maintain vehicle control in the event of failure of the primary circuit or mechanism; and [<-Struck out]

      [Struck out->] (4) may permit vehicles to incorporate a means by which the driver would be able to temporarily disengage the function required under paragraph (1) to facilitate operations, such as maneuvering trailers, that may require the simultaneous operation of brake and accelerator. [<-Struck out]

    [Struck out->] (b) Deadline- The Secretary shall issue a final rule under subsection (a) within 1 year after the date of enactment of this Act. [<-Struck out]

    [Struck out->] (c) Lead-Time- The standard prescribed under subsection (a) shall provide not more than 2 model years of regulatory lead-time. [<-Struck out]

[Struck out->] SEC. 103. PEDAL PLACEMENT STANDARD. [<-Struck out]

    [Struck out->] (a) In General- The Secretary shall initiate a rulemaking proceeding to prescribe a Federal motor vehicle safety standard that would prevent potential obstruction of pedal movement in passenger vehicles by establishing minimum clearances for passenger vehicle foot pedals with respect to other pedals, the vehicle floor (including aftermarket floor coverings), and any other potential obstruction to pedal movement, taking into account various pedal mounting configurations. [<-Struck out]

    [Struck out->] (b) Deadline- The Secretary shall issue a final rule under subsection (a) within 2 years after the date of enactment of this Act. [<-Struck out]

    [Struck out->] (c) Combined Rulemaking- If appropriate, the Secretary may combine the rulemaking proceeding required by subsection (a) with the rulemaking proceeding required by section 102. [<-Struck out]

    [Struck out->] (d) Lead-Time- The standard prescribed under subsection (a) shall provide not more than 2 model years of regulatory lead-time. [<-Struck out]

[Struck out->] SEC. 104. ELECTRONIC SYSTEMS PERFORMANCE STANDARD. [<-Struck out]

    [Struck out->] (a) In General- The Secretary shall initiate a rulemaking proceeding to require electronic systems in passenger vehicles to meet minimum performance standards. Such a rule may include requirements for electronic components, the interaction of those electronic components, or the effect of surrounding environments on those electronic systems. [<-Struck out]

    [Struck out->] (b) Deadline- The Secretary shall issue a final rule under subsection (a) within 3 years after the date of enactment of this Act. [<-Struck out]

    [Struck out->] (c) Lead-Time- The standard prescribed under subsection (a) shall provide not more than 2 model years of regulatory lead-time. [<-Struck out]

[Struck out->] SEC. 105. KEYLESS IGNITION SYSTEMS STANDARD. [<-Struck out]

    [Struck out->] (a) In General- The Secretary shall initiate a rulemaking proceeding to prescribe a Federal motor vehicle safety standard for passenger vehicles with keyless or push-button ignition systems, to establish-- [<-Struck out]

      [Struck out->] (1) the means by which a driver who may be unfamiliar with the vehicle uses the ignition system to safely bring a vehicle under control during an emergency situation; and [<-Struck out]

      [Struck out->] (2) the appropriate labeling, size, and location of the controls for such systems. [<-Struck out]

    [Struck out->] (b) Deadline- The Secretary shall issue a final rule under subsection (a) within 1 year after the date of enactment of this Act. [<-Struck out]

    [Struck out->] (c) Lead-Time- The standard prescribed under subsection (a) shall provide not more than 2 model years of regulatory lead-time. [<-Struck out]

[Struck out->] SEC. 106. TRANSMISSION CONFIGURATION STANDARD. [<-Struck out]

    [Struck out->] (a) In General- The Secretary shall initiate a rulemaking proceeding to prescribe a Federal motor vehicle safety standard for passenger vehicles requiring an intuitive configuration and labeling of gear shifting controls for drivers, including drivers unfamiliar with the vehicle, and that makes the neutral position conspicuous. [<-Struck out]

    [Struck out->] (b) Deadline- The Secretary shall issue a final rule under subsection (a) within 1 year after the date of enactment of this Act. [<-Struck out]

    [Struck out->] (c) Lead-Time- The standard prescribed under subsection (a) shall provide not more than 1 model year of regulatory lead-time. [<-Struck out]

[Struck out->] SEC. 107. VEHICLE EVENT DATA RECORDERS. [<-Struck out]

    [Struck out->] (a) Mandatory Event Data Recorders- Not later than 60 days after the date of enactment of this Act, the Secretary shall require that all passenger vehicles be equipped with an event data recorder that meets the requirements for such recorders established in part 563 of title 49, Code of Federal Regulations. The Secretary shall require compliance with such requirement for all passenger vehicles manufactured in the first model year that is 2 years after the date of enactment of this Act. [<-Struck out]

    [Struck out->] (b) Revised Requirements for Event Data Recorders- The Secretary shall initiate a rulemaking proceeding requiring that the event data recorders required to be installed in passenger vehicles pursuant to subsection (a)-- [<-Struck out]

      [Struck out->] (1) be temperature, water, crash, and tamper resistant; and [<-Struck out]

      [Struck out->] (2) continuously record vehicle operational data that can be accessed for retrieval and analysis in accordance with subsections (c) and (d). [<-Struck out]

    [Struck out->] (c) Specifications- The rule-- [<-Struck out]

      [Struck out->] (1) shall require such recorders to record, for a reasonable time before, during, and after a crash or airbag deployment, information that includes engine performance, steering, braking, acceleration, vehicle speed, seat belt use, and airbag deployment level, deactivation status, deployment time, and deployment stage, and may require such recorders to record other data, such as data related to vehicle rollovers, as the Secretary considers appropriate; [<-Struck out]

      [Struck out->] (2) shall require such recorders to record data for at least 60 seconds prior to, and 15 seconds after, a crash or airbag deployment; [<-Struck out]

      [Struck out->] (3) may require such recorders to capture certain events such as rapid deceleration, full-throttle acceleration lasting more than 15 seconds, and full braking lasting more than 10 seconds, even if there is not a crash or airbag deployment; [<-Struck out]

      [Struck out->] (4) may not require information recorded or transmitted by such data recorders to include the vehicle’s location; [<-Struck out]

      [Struck out->] (5) shall require that data stored on such recorders be accessible, regardless of vehicle manufacturer or model, with commercially available equipment; and [<-Struck out]

      [Struck out->] (6) shall specify data format requirements and other requirements, and shall require an interoperable data access port to facilitate universal accessibility and analysis. [<-Struck out]

    [Struck out->] (d) Limitations on Information Retrieval- [<-Struck out]

      [Struck out->] (1) OWNERSHIP OF DATA- The rule issued under subsection (b) shall provide that any data in a data recorder required under the rule is the property of the owner or lessee of the motor vehicle in which the data recorder is installed. [<-Struck out]

      [Struck out->] (2) PRIVACY- The rule issued under subsection (b) shall provide that information recorded or transmitted by such a data recorder may not be retrieved by a person other than the owner or lessee of the motor vehicle in which the recorder is installed unless-- [<-Struck out]

        [Struck out->] (A) a court authorizes retrieval of the information in furtherance of a legal proceeding; [<-Struck out]

        [Struck out->] (B) the owner or lessee consents to the retrieval of the information for any purpose, including the purpose of diagnosing, servicing, or repairing the motor vehicle; or [<-Struck out]

        [Struck out->] (C) the information is retrieved by a Government motor vehicle safety agency for the purpose of improving motor vehicle safety if the personally identifiable information of the owner, lessee, or driver of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved information. [<-Struck out]

    [Struck out->] (e) Disclosure of Existence and Purpose of Event Data Recorder- The rule issued under subsection (b) shall provide that any owner’s manual or similar documentation provided to the first purchaser of a passenger vehicle for purposes other than resale shall disclose that the vehicle is equipped with such a data recorder and explain the purpose of the recorder. [<-Struck out]

    [Struck out->] (f) Access to Event Data Recorders in Defect Investigations- Section 30166(c)(3)(C) of title 49, United States Code, is amended by inserting ‘, including any electronic data contained within the vehicle’s diagnostic system or event data recorder’ after ‘equipment’. [<-Struck out]

    [Struck out->] (g) Deadline for Rulemaking- The Secretary shall issue a final rule under subsection (b) not later than 3 years after the date of enactment of this Act. [<-Struck out]

    [Struck out->] (h) Lead-Time- The rule issued under subsection (b) shall take effect beginning with passenger vehicles manufactured in the first model year that is 2 years after the date on which a final rule is issued under this section. [<-Struck out]

[Struck out->]

TITLE II--ENHANCED SAFETY AUTHORITIES

[<-Struck out]

[Struck out->] SEC. 201. CIVIL PENALTIES. [<-Struck out]

    [Struck out->] Section 30165 of title 49, United States Code, is amended-- [<-Struck out]

      [Struck out->] (1) in subsection (a)(1)-- [<-Struck out]

        [Struck out->] (A) in the first sentence by striking ‘$5,000’and inserting ‘$25,000’; and [<-Struck out]

        [Struck out->] (B) by striking the third sentence; and [<-Struck out]

      [Struck out->] (2) in subsection (a)(3)-- [<-Struck out]

        [Struck out->] (A) in the second sentence by striking ‘$5,000’ and inserting ‘$25,000’; and [<-Struck out]

        [Struck out->] (B) by striking the third sentence. [<-Struck out]

[Struck out->] SEC. 202. IMMINENT HAZARD AUTHORITY. [<-Struck out]

    [Struck out->] (a) In General- Section 30118(b) of title 49, United States Code, is amended by adding at the end the following: [<-Struck out]

      [Struck out->]

      ‘(3) IMMINENT HAZARDS- [<-Struck out]

        [Struck out->]

        ‘(A) ORDERS- Notwithstanding the procedures set forth in paragraphs (1) and (2), if the Secretary decides that a motor vehicle or an item of motor vehicle replacement equipment is not compliant with a motor vehicle safety standard or contains a defect related to motor vehicle safety and presents an imminent hazard to public safety that may result in death or serious bodily harm, the Secretary-- [<-Struck out]

          [Struck out->]

          ‘(i) shall notify the manufacturer of the motor vehicle or replacement equipment of the decision that the vehicle or equipment poses an imminent safety hazard to the public and the basis for that decision; [<-Struck out]

          [Struck out->]

          ‘(ii) may order the manufacturer and any person having a legal relationship with the manufacturer, including dealers and distributors, to stop any further production, sale, offer for sale, lease, offer for lease, distribution, the introduction or delivery for introduction in interstate commerce, or importation into the United States of that motor vehicle or item of replacement equipment; and [<-Struck out]

          [Struck out->]

          ‘(iii) may order the manufacturer and any person having a legal relationship with the manufacturer, including dealers and distributors, to notify purchasers of the vehicle or item of replacement equipment of the Secretary’s decision that the vehicle or the item of replacement equipment poses an imminent safety hazard and provide the purchaser of such vehicle or item of replacement equipment with information explaining the safety risk and actions the purchasers can take to reduce that risk.’. [<-Struck out]

    [Struck out->] (b) Judicial Review of Recall Orders- Section 30161 of title 49, United States Code, is amended-- [<-Struck out]

      [Struck out->] (1) in subsection (a)-- [<-Struck out]

        [Struck out->] (A) by striking ‘A person’ and inserting ‘(1) A person’; and [<-Struck out]

        [Struck out->] (B) by adding at the end the following: [<-Struck out]

    [Struck out->]

    ‘(2) A person adversely affected by an order issued under section 30118 may apply for review of the order by filing a petition for review in court of appeals of the United States for the circuit in which the person resides or has its principal place of business or the United States Court of Appeals for the District of Columbia Circuit. The petition must be filed not later than 59 days after the order is issued.’; and [<-Struck out]

      [Struck out->] (2) by adding at the end the following: [<-Struck out]

    [Struck out->]

    ‘(f) Availability of Review- An action of the Secretary with respect to which review could have been obtained under subsection (a)(2) shall not be subject to judicial review in a civil action for enforcement.’. [<-Struck out]

[Struck out->]

TITLE III--TRANSPARENCY AND ACCOUNTABILITY

[<-Struck out]

[Struck out->] SEC. 301. PUBLIC AVAILABILITY OF EARLY WARNING DATA. [<-Struck out]

    [Struck out->] (a) In General- Section 30166(m) of title 49, United States Code, is amended by-- [<-Struck out]

      [Struck out->] (1) in paragraph (3)(A) by striking clause (ii) and inserting the following: [<-Struck out]

          [Struck out->]

          ‘(ii) customer satisfaction campaigns, customer advisories, recalls, consumer complaints, warranty claims, field reports, dealer communications, or other information involving the repair or replacement of, or software upgrades for, motor vehicles or motor vehicle equipment.’; and [<-Struck out]

      [Struck out->] (2) in paragraph (4), by striking subparagraph (C) and inserting the following: [<-Struck out]

        [Struck out->]

        ‘(C) DISCLOSURE- The information provided to the Secretary pursuant to this subsection shall be disclosed publicly unless exempt from disclosure under section 552(b) of title 5.’. [<-Struck out]

    [Struck out->] (b) Regulations- Not later than 2 years after the date of enactment of this Act, the Secretary shall issue regulations establishing categories of information provided to the Secretary pursuant to this subsection that must be made available to the public. The Secretary may also establish categories of information that may be withheld from public disclosure under paragraphs (4) and (6) of section 552(b) of title 5, United States Code. [<-Struck out]

    [Struck out->] (c) Consultation- In conducting the rulemaking required under subsection (a), the Secretary shall consult with the Director of the Office of Government Information Services within the National Archives and the Director of the Office of Information Policy of the Department of Justice. [<-Struck out]

    [Struck out->] (d) Presumption and Limitation- The Secretary shall issue the regulations with a presumption in favor of maximum public availability of information. The following types of information shall not be eligible for protection under section 552(b) of title 5, United States Code, and shall not be withheld from public disclosure: [<-Struck out]

      [Struck out->] (1) Production information regarding passenger vehicles, information on incidents involving death or injury, and numbers of property damage claims. [<-Struck out]

      [Struck out->] (2) Aggregated numbers of consumer complaints. [<-Struck out]

    [Struck out->] (e) Nullification of Prior Regulations- Beginning 2 years after the date of the enactment of this Act, the regulations establishing early warning reporting class determinations in Appendix C of section 512 of title 49, Code of Federal Regulations, shall have no force or effect. [<-Struck out]

[Struck out->] SEC. 302. IMPROVED NHTSA VEHICLE SAFETY DATABASE. [<-Struck out]

    [Struck out->] (a) In General- Not later than 2 years after the date of the enactment of this Act, the Secretary shall improve public accessibility to information on the National Highway Traffic Safety Administration’s publicly accessible vehicle safety databases by-- [<-Struck out]

      [Struck out->] (1) improving organization and functionality, including design features such as dropdown menus, and allowing for data to be searched, aggregated, and downloaded; [<-Struck out]

      [Struck out->] (2) providing greater consistency in presentation of vehicle safety issues; and [<-Struck out]

      [Struck out->] (3) improving searchability about specific vehicles and issues through standardization of commonly used search terms. [<-Struck out]

    [Struck out->] (b) Vehicle Recall Information- The Secretary shall require that motor vehicle recall information be made available to consumers on the Internet, searchable by vehicle identification number in a format that preserves consumer privacy. The Secretary may initiate a rulemaking proceeding to require that such information be available on manufacturer Web sites or through other reasonable means. [<-Struck out]

[Struck out->] SEC. 303. CONSUMER NOTICE OF SOFTWARE UPDATES AND OTHER COMMUNICATIONS WITH DEALERS. [<-Struck out]

    [Struck out->] (a) Internet Accessibility- Section 30166(f) of title 49, United States Code, is amended-- [<-Struck out]

      [Struck out->] (1) by inserting ‘, and make available on a publicly accessible Internet website,’ after ‘Secretary of Transportation’; and [<-Struck out]

      [Struck out->] (2) by adding at the end the following: ‘Communications submitted to the Secretary and required to be published on a manufacturer’s Internet website shall include all notices to dealerships of software upgrades and modifications recommended by a manufacturer for all previously sold vehicles. Notice is required even if the software upgrade or modification is not related to a safety defect or noncompliance with a motor vehicle safety standard. The notice shall include a plain language description of the purpose of the update and that description shall be prominently placed at the beginning of the notice.’. [<-Struck out]

[Struck out->] SEC. 304. PROMOTION OF VEHICLE DEFECT REPORTING. [<-Struck out]

    [Struck out->] Section 32302 of title 49, United States Code, is amended by adding at the end the following: [<-Struck out]

    [Struck out->]

    ‘(d) Motor Vehicle Defect Reporting Information- [<-Struck out]

      [Struck out->]

      ‘(1) RULEMAKING REQUIRED- Within 1 year after the date of enactment of the Motor Vehicle Safety Act of 2010 the Secretary shall prescribe regulations that require passenger motor vehicle manufacturers to affix, in the glove compartment or in another readily accessible location on the vehicle, a sticker, decal, or other device that provides, in simple and understandable language, information about how to submit a safety-related motor vehicle defect complaint with the National Highway Traffic Safety Administration. The Secretary shall require the same information to be prominently printed on a separate page within the owner’s manual. The information may not be placed on the label required by section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232). [<-Struck out]

      [Struck out->]

      ‘(2) APPLICATION- The requirements established under paragraph (1) shall apply to passenger motor vehicles manufactured in model years beginning more than 1 year after the date on which a final rule is published under that paragraph.’. [<-Struck out]

[Struck out->] SEC. 305. NHTSA HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC PERSONNEL. [<-Struck out]

    [Struck out->] The Secretary shall-- [<-Struck out]

      [Struck out->] (1) establish a means by which mechanics, passenger vehicle dealership personnel, and passenger vehicle manufacturer personnel may contact the National Highway Traffic Safety Administration directly and confidentially regarding potential passenger vehicle safety defects; and [<-Struck out]

      [Struck out->] (2) publicize the means for contacting the National Highway Traffic Safety Administration in a manner that targets mechanics, passenger vehicle dealership personnel, and manufacturer personnel. [<-Struck out]

[Struck out->] SEC. 306. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE MANUFACTURER, PART SUPPLIER, AND DEALERSHIP EMPLOYEES. [<-Struck out]

    [Struck out->] (a) In General- Subchapter IV of chapter 301 of title 49, United States Code, is amended by adding at the end the following: [<-Struck out]

[Struck out->]
‘Sec. 30171. Protection of employees providing motor vehicle safety information [<-Struck out]

    [Struck out->]

    ‘(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)-- [<-Struck out]

      [Struck out->]

      ‘(1) provided, caused to be provided, or is about to provide (with any knowledge of the employer) or cause to be provided to the employer or the Secretary information relating to any motor vehicle defect or any violation or alleged violation of any notification or reporting requirement of this chapter; [<-Struck out]

      [Struck out->]

      ‘(2) has filed, caused to be filed, or is about to file (with any knowledge of the employer) or cause to be filed a proceeding relating to any violation or alleged violation of any motor vehicle defect or any violation or alleged violation of any notification or reporting requirement of this chapter; [<-Struck out]

      [Struck out->]

      ‘(3) testified or is about to testify in such a proceeding; or [<-Struck out]

      [Struck out->]

      ‘(4) assisted or participated or is about to assist or participate in such a proceeding. [<-Struck out]

    [Struck out->]

    ‘(b) Complaint Procedure- [<-Struck out]

      [Struck out->]

      ‘(1) FILING AND NOTIFICATION- A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 180 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the Secretary of Transportation alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary shall notify, in writing, the person named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2). [<-Struck out]

      [Struck out->]

      ‘(2) INVESTIGATION; PRELIMINARY ORDER- [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

        [Struck out->]

        ‘(B) REQUIREMENTS- [<-Struck out]

          [Struck out->]

          ‘(i) REQUIRED SHOWING BY COMPLAINANT- The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. [<-Struck out]

          [Struck out->]

          ‘(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. [<-Struck out]

          [Struck out->]

          ‘(iii) CRITERIA FOR DETERMINATION BY SECRETARY- The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. [<-Struck out]

          [Struck out->]

          ‘(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. [<-Struck out]

      [Struck out->]

      ‘(3) FINAL ORDER- [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

        [Struck out->]

        ‘(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-- [<-Struck out]

          [Struck out->]

          ‘(i) to take affirmative action to abate the violation; [<-Struck out]

          [Struck out->]

          ‘(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 [<-Struck out]

          [Struck out->]

          ‘(iii) to provide compensatory damages to the complainant. [<-Struck out]

        [Struck out->] If such an order is issued under this paragraph, the Secretary, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys’ and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing the complaint upon which the order was issued. [<-Struck out]

        [Struck out->]

        ‘(C) FRIVOLOUS COMPLAINTS- If the Secretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer a reasonable attorney’s fee not exceeding $1,000. [<-Struck out]

      [Struck out->]

      ‘(4) REVIEW- [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

      [Struck out->]

      ‘(5) ENFORCEMENT OF ORDER BY SECRETARY- Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief and compensatory damages. [<-Struck out]

      [Struck out->]

      ‘(6) ENFORCEMENT OF ORDER BY PARTIES- [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

    [Struck out->]

    ‘(c) Mandamus- Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28. [<-Struck out]

    [Struck out->]

    ‘(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.’. [<-Struck out]

    [Struck out->] (b) Conforming Amendment- The table of sections for chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30170 the following: [<-Struck out]

      [Struck out->]

      ‘30171. Protection of employees providing motor vehicle safety information’. [<-Struck out]

[Struck out->] SEC. 307. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS. [<-Struck out]

    [Struck out->] (a) In General- Section 30166 of title 49, United States Code, is amended by adding at the end the following: [<-Struck out]

    [Struck out->]

    ‘(o) Corporate Responsibility for Reports- The Secretary shall require for each company submitting information to the Secretary in response to a preliminary safety investigation, or in response to an official safety investigation under this chapter, that the principal executive officer or officers residing in the United States certify that-- [<-Struck out]

      [Struck out->]

      ‘(1) the signing officer has reviewed the submission; and [<-Struck out]

      [Struck out->]

      ‘(2) based on the officer’s knowledge, the submission does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which such statements were made, not misleading.’. [<-Struck out]

    [Struck out->] (b) Penalties- [<-Struck out]

      [Struck out->] (1) CIVIL PENALTY- Section 30165(a) of title 49, United States Code, is amended-- [<-Struck out]

        [Struck out->] (A) by striking ‘A person’ in paragraph (3) and inserting ‘Except as provided in paragraph (4), a person’; and [<-Struck out]

        [Struck out->] (B) by adding at the end thereof the following: [<-Struck out]

      [Struck out->]

      ‘(4) FALSE, MISLEADING OR INCOMPLETE REPORTS- A person who knowingly and willfully submits materially false, misleading, or incomplete information to the Secretary, after certifying the same information as accurate and complete under the certification process established pursuant to section 30166(o), shall be subject to a civil penalty of not more than $50,000 per day. The maximum penalty under this paragraph for a related series of daily violations is $250,000,000.’. [<-Struck out]

      [Struck out->] (2) CRIMINAL PENALTY- Section 30170 of title 49, United States Code, is amended-- [<-Struck out]

        [Struck out->] (A) by redesignating paragraphs (1) and (2) of subsection (a) as paragraphs (2) and (3), respectively, and by inserting before paragraph (2) the following: [<-Struck out]

      [Struck out->]

      ‘(1) SUBMITTING MISLEADING INFORMATION TO THE SECRETARY- A person who violates section 1001 of title 18 with respect to the reporting requirements of section 30118, 30119, or 30166, with the specific intent of misleading the Secretary with respect to motor vehicle or motor vehicle equipment safety related defects shall, in addition to the penalties imposed under title 18, be subject to imprisonment for not more than an additional 12 months.’; [<-Struck out]

        [Struck out->] (B) by striking the heading for paragraph (2), as redesignated, of subsection (a) and inserting the following: [<-Struck out]

      [Struck out->]

      ‘(2) SUBMITTING MISLEADING INFORMATION TO THE SECRETARY THAT LEADS TO DEATH OR SERIOUS INJURY- ’; and [<-Struck out]

        [Struck out->] (C) by striking subparagraph (A) of paragraph (3), as redesignated, of subsection (a) and inserting the following: [<-Struck out]

        [Struck out->]

        ‘(A) CORRECTION- A person described in paragraph (1) or (2) shall not be subject to criminal penalties under this subsection if-- [<-Struck out]

          [Struck out->]

          ‘(i) the person corrects any improper reports or failure to report within a reasonable time; and [<-Struck out]

          [Struck out->]

          ‘(ii) in the case of a person described in paragraph (2), at the time of the violation, such person does not know that the violation would result in an accident causing death or serious bodily injury.’. [<-Struck out]

[Struck out->] SEC. 308. ANTI-REVOLVING DOOR. [<-Struck out]

    [Struck out->] (a) Professional Responsibility Integrity Period- [<-Struck out]

      [Struck out->] (1) In general- Subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: [<-Struck out]

[Struck out->]
‘30107. Restriction on certain employment activities. [<-Struck out]

    [Struck out->]

    ‘(a) NHTSA Employees- [<-Struck out]

      [Struck out->]

      ‘(1) In general- A individual to whom this subsection applies who is employed by the National Highway Traffic Safety Administration may not commence employment with, or otherwise advise, provide assistance to, or represent for compensation, a manufacturer or other person subject to regulation under this chapter during the 36-month period commencing upon that individual’s termination of employment with the National Highway Traffic Safety Administration if such employment, advice, assistance, or representation involves-- [<-Struck out]

        [Struck out->]

        ‘(A) written or oral communication with the National Highway Traffic Safety Administration on any matter relating to compliance with the requirements of this chapter on behalf of the manufacturer or person; [<-Struck out]

        [Struck out->]

        ‘(B) representing or advising a manufacturer with respect to a motor vehicle safety or fuel economy issue, including any defect related to motor vehicle safety, compliance with a motor vehicle safety standard, or compliance with an average fuel economy standard prescribed under chapter 329 of this title; or [<-Struck out]

        [Struck out->]

        ‘(C) assisting a manufacturer in responding to a request for information from the National Highway Traffic Safety Administration. [<-Struck out]

      [Struck out->]

      ‘(2) Application- [<-Struck out]

        [Struck out->]

        ‘(A) In general- This subsection applies to any individual-- [<-Struck out]

          [Struck out->]

          ‘(i) to whom section 207(c) or (d) of title 18 applies; or [<-Struck out]

          [Struck out->]

          ‘(ii) whose responsibilities during his or her last 12 months of employment at the National Highway Traffic Safety Administration included administrative, managerial, supervisory, legal, or senior technical responsibility for any motor vehicle safety-related program or activity. [<-Struck out]

      [Struck out->]

      ‘(2) Safe harbor- This subsection does not apply to any individual employed by a manufacturer or other person subject to regulation under this chapter as of the date of enactment of the Motor Vehicle Safety Act of 2010. [<-Struck out]

    [Struck out->]

    ‘(b) Manufacturers- It is unlawful for any manufacturer or other person subject to regulation under this chapter to employ or contract for the services of an individual to whom subsection (a) applies during the 36-month period commencing on the individual’s termination of employment with the National Highway Traffic Safety Administration in a capacity in which the individual is prohibited from serving during that period.’. [<-Struck out]

      [Struck out->] (2) Civil penalty- Section 30165(a) of title 49, United States Code, as amended by section 307, is further amended by adding at the end the following: [<-Struck out]

      [Struck out->]

      ‘(5) Section 30107- An individual who violates section 30107(a) is liable to the United States Government for a civil penalty as determined under section 216(b) of title 18 for an offense under section 207 of that title. A manufacturer or other person subject to regulation under this chapter who violates section 30107(b) is liable to the United States Government for a civil penalty of the sum of-- [<-Struck out]

        [Struck out->]

        ‘(A) an amount equal to not less than $100,000; and [<-Struck out]

        [Struck out->]

        ‘(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.’. [<-Struck out]

      [Struck out->] (3) Conforming amendment- The table of contents for chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30106 the following: [<-Struck out]

      [Struck out->]

      ‘30107. Restriction on certain employment activities’. [<-Struck out]

    [Struck out->] (b) Study of Department of Transportation Policies on Official Communication With Former Motor Vehicle Safety Issue Employees- Within 1 year after the date of enactment of this Act the Department of Transportation Inspector General shall-- [<-Struck out]

      [Struck out->] (1) review the Department’s policies and procedures applicable to official communication with former employees concerning motor vehicle safety compliance matters for which they had responsibility during the last 12 months of their tenure at the Department, including any limitations on the ability of such employees to submit comments, or otherwise communicate directly with the Department, on motor vehicle safety issues; and [<-Struck out]

      [Struck out->] (2) submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce containing the Inspector General’s findings, conclusions, and recommendations for strengthening those policies and procedures to minimize the risk of undue influence without compromising the ability of the Department to employ and retain highly qualified individuals for such responsibilities. [<-Struck out]

    [Struck out->] (c) Post-Employment Policy Study- [<-Struck out]

      [Struck out->] (1) In general- The Department of Transportation Inspector General shall conduct a study of the Department’s policies relating to post-employment restrictions on employees who perform functions related to transportation safety. [<-Struck out]

      [Struck out->] (2) Report- Not later than 1 year after the date of enactment of this Act, the Inspector General shall submit a report containing the results of the study conducted under paragraph (1) to-- [<-Struck out]

        [Struck out->] (A) the Senate Committee on Commerce, Science, and Transportation; [<-Struck out]

        [Struck out->] (B) the House of Representatives Committee on Energy and Commerce; and [<-Struck out]

        [Struck out->] (C) the Secretary of Transportation. [<-Struck out]

      [Struck out->] (3) Use of results- The Secretary of transportation shall review the results of the study and take whatever action the Secretary determines to be appropriate. [<-Struck out]

[Struck out->] SEC. 309. DEADLINES FOR RULEMAKING. [<-Struck out]

    [Struck out->] If the Secretary determines that a deadline for a final rule under this Act or an amendment made by this Act cannot be met, the Secretary shall-- [<-Struck out]

      [Struck out->] (1) notify the Committee on Energy and Commerce of the House of Representatives and the Senate Committee on Commerce, Science, and Transportation and explain why that deadline cannot be met; and [<-Struck out]

      [Struck out->] (2) establish a new deadline for that rule. [<-Struck out]

[Struck out->]

TITLE IV--FUNDING

[<-Struck out]

[Struck out->] SEC. 401. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

    [Struck out->] Section 30104 of title 49, United States Code, is amended-- [<-Struck out]

      [Struck out->] (1) by striking ‘$98,313,500’; and [<-Struck out]

      [Struck out->] (2) by striking ‘in each fiscal year beginning’ and all that follows and inserting ‘and to carry out the Motor Vehicle Safety Act of 2010-- [<-Struck out]

      [Struck out->]

      ‘(1) $200,000,000 for fiscal year 2011; [<-Struck out]

      [Struck out->]

      ‘(2) $240,000,000 for fiscal year 2012; and [<-Struck out]

      [Struck out->]

      ‘(3) $280,000,000 for fiscal year 2013.’. [<-Struck out]

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as the ‘Motor Vehicle Safety Act of 2010’.

    (b) Table of Contents- The table of contents for this Act is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Definitions.

TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS

      Sec. 101. NHTSA electronics, software, and engineering expertise.

      Sec. 102. Vehicle stopping distance and brake override standard.

      Sec. 103. Pedal placement standard.

      Sec. 104. Electronic systems performance standard.

      Sec. 105. Pushbutton ignition systems standard.

      Sec. 106. Transmission labeling standard.

      Sec. 107. Vehicle event data recorders.

TITLE II--ENHANCED SAFETY AUTHORITIES

      Sec. 201. Civil penalties.

      Sec. 202. Imminent hazard authority.

TITLE III--TRANSPARENCY AND ACCOUNTABILITY

      Sec. 301. Public availability of early warning data.

      Sec. 302. Improved NHTSA vehicle safety database.

      Sec. 303. Consumer notice of software updates and other communications with dealers.

      Sec. 304. Promotion of vehicle defect reporting.

      Sec. 305. NHTSA hotline for manufacturer, dealer, and mechanic personnel.

      Sec. 306. Whistleblower protections for motor vehicle manufacturer, part supplier, and dealership employees.

      Sec. 307. Corporate responsibility for NHTSA reports.

      Sec. 308. Anti-revolving door.

      Sec. 309. Deadlines for rulemaking.

      Sec. 310. Used passenger motor vehicle consumer protection.

      Sec. 311. Use of existing regulatory framework.

      Sec. 312. Recalled vehicles and replacement equipment.

TITLE IV--FUNDING

      Sec. 401. Authorization of appropriations.

TITLE V--PEDESTRIAN SAFETY ENHANCEMENT

      Sec. 501. Short title.

      Sec. 502. Definitions.

      Sec. 503. Minimum sound requirement for motor vehicles.

      Sec. 504. Authorization of appropriations.

TITLE VI--IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH

      Sec. 601. Short title.

      Sec. 602. Findings.

      Sec. 603. Driver Alcohol detection system for safety research.

      Sec. 604. Definitions.

      Sec. 605. Application with other laws.

      Sec. 606. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:

      (1) PASSENGER MOTOR VEHICLE- The term ‘passenger motor vehicle’ means a motor vehicle (as defined in section 30102(a)(6) of title 49, United States Code) that is rated at less than 10,000 pounds gross vehicular weight, but does not include--

        (A) a motorcycle;

        (B) a low speed vehicle (as defined in section 571.3 of title 49, Code of Federal Regulations); or

        (C) a trailer.

      (2) SECRETARY- The term ‘Secretary’ means the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration.

TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS

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

    (a) Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies-

      (1) In general- The Secretary shall establish, within the National Highway Traffic Safety Administration, a Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies to build, integrate, and aggregate the agency’s expertise in passenger motor vehicle electronics and other new and emerging technologies.

      (2) Implementation of Roadmap- The Council shall implement the NHTSA Plastic and Composite Intensive Vehicle Safety Roadmap (Report No. DOT HS 810 863) to ensure that inclusion of emerging lightweight plastic and composite technologies in motor vehicles to increase fuel efficiency, lower emissions, and meet Corporate Average Fuel Economy standards enhances passenger motor vehicle safety.

      (3) Intra-agency coordination- The Council shall coordinate with all components of the Administration responsible for vehicle safety, including research and development, rulemaking, and defects investigation.

    (b) Honors Recruitment Program- The Secretary shall establish, within the National Highway Traffic Safety Administration, an honors program for engineering students, computer science students, and other students interested in vehicle safety that will enable them to train with engineers and other safety officials for a career in vehicle safety. The Secretary is authorized to provide a stipend to students during their participation in the program.

    (c) Assessment- The Council shall assess the implications of emerging safety technologies in passenger motor vehicles in consultation with affected stakeholders, including specifically the effect on consumers, product availability, and cost.

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

    (a) Unintended Acceleration- The Secretary shall initiate a rulemaking proceeding to prescribe a Federal motor vehicle safety standard that would mitigate unintended acceleration in passenger motor vehicles. The standard--

      (1) shall establish performance requirements, to be determined by the Secretary according to the speed, size, and weight of the vehicle, that enable a driver to bring a passenger motor vehicle safely to a full stop by normal braking application even if the vehicle is simultaneously receiving accelerator input signals, including a full-throttle input signal;

      (2) may permit compliance through a system that requires brake pedal application, after a period of time determined by the Secretary, to override an accelerator pedal input signal in order to stop the vehicle;

      (3) shall require that redundant circuits or other mechanisms be built into accelerator control systems, including systems controlled by electronic throttle, to maintain vehicle control in the event of failure of the primary circuit or mechanism; and

      (4) may permit vehicles to incorporate a means to temporarily disengage the function required under paragraph (1) to facilitate operations, such as maneuvering trailers or climbing steep hills, that may require the simultaneous operation of brake and accelerator.

    (b) Deadline- The Secretary shall issue a final rule under subsection (a) within 1 year after the date of enactment of this Act.

SEC. 103. PEDAL PLACEMENT STANDARD.

    (a) In General- The Secretary shall initiate a rulemaking proceeding to consider prescribing a Federal motor vehicle safety standard that would mitigate potential obstruction of pedal movement in passenger motor vehicles, taking into account various pedal mounting configurations, minimum clearances for passenger motor vehicle foot pedals with respect to other pedals, the vehicle floor (including aftermarket floor coverings), and any other potential obstructions to pedal movement as determined by the Secretary.

    (b) Deadline- The Secretary shall issue a final rule under subsection (a) within 3 years after the date of enactment of this Act, or, if the Secretary determines that a standard is not warranted based on the requirements and considerations set forth in section 30111(a) and (b) of title 49, United States Code, transmit a report to the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Energy and Commerce describing the reasons for not prescribing the standard.

    (c) Combined Rulemaking- If appropriate, the Secretary may combine the rulemaking proceeding required by subsection (a) with the rulemaking proceeding required by section 102.

SEC. 104. ELECTRONIC SYSTEMS PERFORMANCE STANDARD.

    (a) In General- The Secretary shall initiate a rulemaking proceeding to prescribe or amend a Federal motor vehicle safety standard to require electronic systems in passenger motor vehicles to meet minimum performance requirements. Such a rule may include requirements for electronic components, the interaction of those electronic components, or the effect of surrounding environments on those electronic systems.

    (b) National Academy of Sciences- In conducting the rulemaking, the Secretary shall consider to the extent appropriate the findings and recommendations of the National Academy of Sciences, if any, pursuant to its study of electronic vehicle controls.

    (c) Deadline- The Secretary shall issue a final rule under subsection (a) within 4 years after the date of enactment of this Act.

SEC. 105. PUSHBUTTON IGNITION SYSTEMS STANDARD.

    (a) Pushbutton Ignition Standard-

      (1) In general- The Secretary shall initiate a rulemaking proceeding to consider prescribing a Federal motor vehicle safety standard for passenger motor vehicles with pushbutton ignition systems, to establish a standardized operation of such systems when used by drivers, including drivers who may be unfamiliar with such systems, in an emergency situation when the vehicle is in motion.

      (2) Other ignition systems- In the rulemaking proceeding under paragraph (1), the Secretary may include any other ignition-starting mechanism that the Secretary deems it appropriate to consider.

    (b) Pushbutton Ignition System- The term ‘pushbutton ignition system’ means a mechanism, such as the push of a button, for starting a passenger motor vehicle that does not involve the physical insertion and turning of a tangible key.

    (c) Deadline- The Secretary shall issue a final rule under subsection (a) within 2 years after the date of enactment of this Act, or, if the Secretary determines that a standard is not warranted based on the requirements and considerations set forth in section 30111(a) and (b) of title 49, United States Code, transmit a report to the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Energy and Commerce describing the reasons for not prescribing the standard.

SEC. 106. TRANSMISSION LABELING STANDARD.

    (a) In General- The Secretary shall initiate a rulemaking proceeding to consider amending Federal motor vehicle safety standard 102 to improve the recognition of the gear selector positions for drivers, including drivers not familiar with the vehicle, and to make the neutral position more conspicuous.

    (b) Deadline- The Secretary shall issue a final rule under subsection (a) within 2 years after the date of enactment of this Act, or, if the Secretary determines that amendment of the standard is not warranted based on the requirements and considerations set forth in section 30111(a) and (b) of title 49, United States Code, transmit a report to the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Energy and Commerce describing the reasons for not prescribing the standard.

SEC. 107. VEHICLE EVENT DATA RECORDERS.

    (a) Mandatory Event Data Recorders-

      (1) In general- Not later than 180 days after the date of enactment of this Act, the Secretary shall revise part 563 of title 49, Code of Federal Regulations, to require that new passenger motor vehicles sold in the United States beginning with the 2015 model year be equipped with an event data recorder that meets the requirements of that part.

      (2) Penalty- The violation of any provision of part 563 of title 49, Code of Federal Regulations--

        (A) shall be deemed to be a violation of section 30112 of title 49, United States Code, and subject to civil penalties under section 30165(a) of that title; but

        (B) shall not subject a manufacturer (as defined in section 30102(a)(5) of that title) to the requirements of section 30120 of that title.

    (b) Limitations on Information Retrieval-

      (1) OWNERSHIP OF DATA- Any data in an event data recorder required under part 563 of title 49, Code of Federal Regulations, regardless of when the passenger motor vehicle in which it is installed was manufactured, is the property of the owner or lessee of the passenger motor vehicle in which the data recorder is installed.

      (2) PRIVACY- Data recorded or transmitted by such a data recorder may not be retrieved by a person other than the owner or lessee of the motor vehicle in which the recorder is installed unless--

        (A) a court authorizes retrieval of the information in furtherance of a legal proceeding;

        (B) the owner or lessee consents to the retrieval of the information for any purpose, including the purpose of diagnosing, servicing, or repairing the motor vehicle;

        (C) the information is retrieved pursuant to an investigation or inspection authorized under section 30166 of title 49, United States Code, and the personally identifiable information of the owner, lessee, or driver of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved information; or

        (D) the information is retrieved for the purpose of determining the need for, or facilitating, emergency medical response in the event of a motor vehicle crash.

    (c) Revised Requirements for Event Data Recorders- The Secretary shall initiate a rulemaking proceeding to prescribe or amend a Federal motor vehicle safety standard that would update part 563 of title 49, Code of Federal Regulations, to require that event data recorders in passenger motor vehicles record operational data that can be stored and accessed for retrieval and analysis in accordance with subsection (d).

    (d) Specifications- The rule--

      (1) shall require such recorders to capture and store data covering a reasonable time before, during, and after a motor vehicle accident or airbag deployment, including information about engine performance, steering, braking, acceleration, vehicle speed, seat belt use, airbag deployment level, deactivation status, deployment time, and deployment stage, and may require such recorders to record other data related to motor vehicle safety, such as data related to vehicle rollovers, as the Secretary considers appropriate;

      (2) shall require such recorders to store data for a sufficient time to capture relevant data from events leading up to a motor vehicle accident, the accident itself, and the aftermath of an accident, including a rollover;

      (3) may require such recorders to capture and store certain events such as rapid deceleration, full-throttle acceleration, or full braking that may indicate unintended acceleration, even if there is not an accident or airbag deployment;

      (4) may not require information recorded by such data recorders to include the vehicle’s location except as deemed necessary by the Secretary for purposes of determining the need for, or facilitating, emergency medical response in the event of a motor vehicle crash;

      (5) shall require that data stored on such recorders be accessible, regardless of vehicle manufacturer or model, with commercially available equipment;

      (6) shall specify data format requirements;

      (7) may require an interoperable data access port to facilitate universal accessibility and analysis;

      (8) shall require that such recorders meet the performance requirements for crash resistance included in part 563 of title 49, Code of Federal Regulations, and, if the Secretary determines that these requirements do not provide adequate temperature, crash or water resistance, the Secretary may establish additional requirements; and

      (9) shall establish requirements for preventing unauthorized access to the data stored on an event data recorder in order to protect the security, integrity, and authenticity of the data.

    (e) Disclosure of Existence and Purpose of Event Data Recorder- The rule issued under subsection (c) shall require that any owner’s manual or similar documentation provided to the first purchaser of a passenger motor vehicle for purposes other than resale disclose that the vehicle is equipped with such a data recorder and explain the purpose of the recorder.

    (f) Access to Event Data Recorders in Defect Investigations- Section 30166(c)(3)(C) of title 49, United States Code, is amended by striking ‘equipment;’ and inserting ‘equipment, including any electronic data contained within the vehicle’s diagnostic system or event data recorder;’.

    (g) Deadline for Rulemaking- The Secretary shall issue a final rule under subsection (b) not later than 3 years after the date of enactment of this Act.

    (h) EVENT DATA RECORDERS FOR NEW MEDIUM-DUTY AND HEAVY-DUTY VEHICLES-

      (1) IN GENERAL- Not later than 3 years after the date of the enactment of this Act, the Secretary shall require that all new medium-duty vehicles and heavy-duty vehicles sold in the United States beginning with model year 2017 be equipped with an event data recorder.

      (2) MEDIUM- AND HEAVY-DUTY VEHICLES DEFINED- In this subsection, the term ‘medium-duty vehicles and heavy-duty vehicles’ means motor vehicles (as defined in section 30102(a)(6) of title 49, United States Code) that are rated at 10,001 pounds gross vehicular weight or more. The term does not include trailers.

TITLE II--ENHANCED SAFETY AUTHORITIES

SEC. 201. CIVIL PENALTIES.

    (a) In General- Section 30165 of title 49, United States Code, is amended--

      (1) in subsection (a)(1)--

        (A) in the first sentence by striking ‘$5,000‘and inserting ‘$25,000’; and

        (B) in the third sentence by striking ‘$15,000,000’ and inserting ‘$300,000,000’;

      (2) in subsection (a)(3)--

        (A) in the second sentence by striking ‘$5,000‘ and inserting ‘$25,000’; and

        (B) in the third sentence by striking ‘$15,000,000’ and inserting ‘$300,000,000’;

      (3) by striking subsection (c) and inserting the following:

    ‘(c) Relevant Factors in Determining Amount of Penalty or Compromise- In determining the amount of a civil penalty or compromise, the nature, circumstances, extent, and gravity of the violation shall be considered. The determination shall include, where appropriate, the nature of the defect or noncompliance, knowledge by the person charged of its obligation to recall or notify the public, the severity of the risk of injury, the occurrence or absence of injury, the number of motor vehicles or items of motor vehicle equipment distributed with the defect or noncompliance, the existence of an imminent hazard, actions taken by the person charged to identify, investigate, or mitigate the condition, the appropriateness of such penalty in relation to the size of the business of the person charged, including the potential for undue adverse economic impacts on small business, and such other factors as appropriate.’.

    (b) Civil Penalty Criteria- Not later than 1 year after the date of enactment of this Act, and in accordance with the procedures of section 553 of title 5, United States Code, the Secretary shall issue a final regulation providing its interpretation of the penalty factors described in section 30165(c) of title 49, United States Code, as amended by subsection (a).

    (c) Construction- Nothing in this section shall be construed as preventing the imposition of penalties under section 30165 of title 49, United States Code, prior to the issuance of a final regulation pursuant to subsection (b).

SEC. 202. IMMINENT HAZARD AUTHORITY.

    (a) In General- Section 30118(b) of title 49, United States Code, is amended--

      (1) by redesignating paragraph (2) as paragraph (3);

      (2) by inserting ‘or (2)’ in paragraph (3) (as redesignated) after ‘under paragraph (1)’; and

      (3) by inserting after paragraph (1) the following:

      ‘(2) If the Secretary of Transportation in making a decision under subsection (a) initially decides that such defect or noncompliance presents a substantial likelihood of death or serious injury to the public if not discontinued immediately, the Secretary shall notify the manufacturer of the decision that the vehicle or replacement equipment poses an imminent safety hazard to the public and the basis for that decision. Not later than 10 days after the initial decision, the manufacturer and interested persons shall be given an opportunity to present information, views, and arguments to the Secretary. The Secretary shall consider such information, views and arguments and may make a final decision as to whether a motor vehicle or replacement equipment contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard prescribed under this chapter.’.

    (b) Procedures- Not later than 2 years after the date of enactment of this Act, the Secretary shall issue regulations establishing procedures for the issuance of a decision under section 30118(b)(2) of title 49, United States Code (as added by subsection (a)) and enforcement of an order based on such decision. In establishing such procedures, the Secretary shall prioritize the mitigation of imminent safety hazards.

TITLE III--TRANSPARENCY AND ACCOUNTABILITY

SEC. 301. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

    (a) In General- Section 30166(m) of title 49, United States Code, is amended by--

      (1) by striking clause (ii) in paragraph (3)(A) and inserting the following:

          ‘(ii) customer satisfaction campaigns, customer advisories, recalls, consumer complaints, warranty claims, field reports, technical service bulletins, or other activity involving the repair or replacement of motor vehicles or motor vehicle equipment.’; and

      (2) by striking subparagraph (C) of paragraph (4) and inserting the following:

        ‘(C) DISCLOSURE- The information provided to the Secretary pursuant to this subsection shall be disclosed publicly unless exempt from disclosure under section 552(b) of title 5.’.

    (b) Regulations- Not later than 2 years after the date of enactment of this Act, the Secretary shall issue regulations establishing categories of information provided to the Secretary pursuant to section 30166(m) that must be made available to the public. The Secretary may establish categories of information that are exempt from public disclosure under section 552(b) of title 5, United States Code.

    (c) Consultation- In conducting the rulemaking required under subsection (a), the Secretary shall consult with the Director of the Office of Government Information Services within the National Archives and the Director of the Office of Information Policy of the Department of Justice.

    (d) Presumption and Limitation- The Secretary shall issue the regulations with a presumption in favor of maximum public availability of information. In issuing regulations under subsection (b), the following types of information shall presumptively not be eligible for protection under section 552(b) of title 5, United States Code:

      (1) Vehicle safety defect information related to incidents involving death or injury.

      (2) Aggregated numbers of property damage claims; and

      (3) Aggregated numbers of consumer complaints related to potential vehicle defects.

SEC. 302. IMPROVED NHTSA VEHICLE SAFETY DATABASE.

    (a) In General- Not later than 2 years after the date of the enactment of this Act, the Secretary shall improve public accessibility to information on the National Highway Traffic Safety Administration’s publicly accessible vehicle safety databases by--

      (1) improving organization and functionality, including modern web design features, and allowing for data to be searched, aggregated, and downloaded;

      (2) providing greater consistency in presentation of vehicle safety issues; and

      (3) improving searchability about specific vehicles and issues through standardization of commonly used search terms.

    (b) Vehicle Recall Information- Not later than 1 year after the date of the enactment of this Act, the Secretary shall require that motor vehicle safety recall information be made available to consumers on the Internet, searchable by a vehicle make and model and searchable by a vehicle identification number, in a format that preserves consumer privacy and that provides information about each recall that has not been completed for that vehicle. The Secretary may initiate a rulemaking proceeding to require that manufacturers provide such information at no cost on publicly accessible Internet websites or through other reasonable means.

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

    (a) Internet Accessibility- Section 30166(f) of title 49, United States Code, is amended--

      (1) by striking ‘Transportation’ and inserting ‘Transportation, and make available on a publicly accessible Internet website,’; and

      (2) by adding at the end the following: ‘Communications submitted to the Secretary and required to be published on a manufacturer’s Internet website shall include all notices to dealerships of software upgrades and modifications recommended by a manufacturer for all previously sold vehicles. Notice is required even if the software upgrade or modification is not related to a safety defect or noncompliance with a motor vehicle safety standard. The notice shall include a plain language description of the purpose of the update and that description shall be prominently placed at the beginning of the notice. Communications required to be submitted to the Secretary under this subsection shall be accompanied by an index to each communication which identifies the make, model, and model year of the affected vehicles and a concise summary of the subject matter of the communication. The index shall be made available by the Secretary to the public on the Internet in a searchable format.’.

SEC. 304. PROMOTION OF VEHICLE DEFECT REPORTING.

    Section 32302 of title 49, United States Code, is amended by adding at the end the following:

    ‘(d) Motor Vehicle Defect Reporting Information-

      ‘(1) RULEMAKING REQUIRED- Within 1 year after the date of enactment of the Motor Vehicle Safety Act of 2010 the Secretary shall prescribe regulations that require passenger motor vehicle manufacturers to affix, in the glove compartment or in another readily accessible location on the vehicle, a sticker, decal, or other device that provides, in simple and understandable language, information about how to submit a safety-related motor vehicle defect complaint to the National Highway Traffic Safety Administration. The Secretary shall require the same information to be prominently printed on a separate page within the owner’s manual. The information may not be placed on the label required by section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232).

      ‘(2) APPLICATION- The requirements established under paragraph (1) shall apply to passenger motor vehicles manufactured in model years beginning more than 1 year after the date on which a final rule is published under that paragraph.’.

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

    The Secretary shall--

      (1) establish a means by which mechanics, passenger motor vehicle dealership personnel, and passenger motor vehicle manufacturer personnel may contact the National Highway Traffic Safety Administration directly and confidentially regarding potential passenger motor vehicle safety defects; and

      (2) publicize the means for contacting the National Highway Traffic Safety Administration in a manner that targets mechanics, passenger motor vehicle dealership personnel, and manufacturer personnel.

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

    (a) In General- Subchapter IV of chapter 301 of title 49, United States Code, is amended by adding at the end the following:

‘Sec. 30171. Protection of employees providing motor vehicle safety information

    ‘(a) Discrimination Against Employees of Manufacturers, Part Suppliers, and Dealerships- No motor vehicle manufacturer, part supplier, or dealership may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)--

      ‘(1) provided, caused to be provided, or is about to provide (with any knowledge of the employer) or cause to be provided to the employer or the Secretary of Transportation information relating to any motor vehicle defect or any violation or alleged violation of any notification or reporting requirement of this chapter;

      ‘(2) has filed, caused to be filed, or is about to file (with any knowledge of the employer) or cause to be filed a proceeding relating to any violation or alleged violation of any motor vehicle defect or any violation or alleged violation of any notification or reporting requirement of this chapter;

      ‘(3) testified or is about to testify in such a proceeding;

      ‘(4) assisted or participated or is about to assist or participate in such a proceeding; or

      ‘(5) objected to, or refused to participate in, any activity that the employee reasonably believed to be in violation of any provision of any Act enforced by the Secretary of Transportation, or any order, rule, regulation, standard, or ban under any such Act.

    ‘(b) Complaint Procedure-

      ‘(1) FILING AND NOTIFICATION- A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 180 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary shall notify, in writing, the person named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2).

      ‘(2) INVESTIGATION; PRELIMINARY ORDER-

        ‘(A) IN GENERAL- Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the person named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have committed a violation of subsection (a) of the Secretary’s findings. If the Secretary concludes that there is a reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the Secretary’s findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Such hearings shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review.

        ‘(B) REQUIREMENTS-

          ‘(i) REQUIRED SHOWING BY COMPLAINANT- The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.

          ‘(ii) SHOWING BY EMPLOYER- Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior.

          ‘(iii) CRITERIA FOR DETERMINATION BY SECRETARY- The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.

          ‘(iv) PROHIBITION- Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior.

      ‘(3) FINAL ORDER-

        ‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT AGREEMENTS- Not later than 120 days after the date of conclusion of a hearing under paragraph (2), the Secretary shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation.

        ‘(B) REMEDY- If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall order the person who committed such violation--

          ‘(i) to take affirmative action to abate the violation;

          ‘(ii) to reinstate the complainant to his or her former position together with the compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and

          ‘(iii) to provide compensatory damages to the complainant.

        If such an order is issued under this paragraph, the Secretary, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys’ and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing the complaint upon which the order was issued.

        ‘(C) FRIVOLOUS COMPLAINTS- If the Secretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer a reasonable attorney’s fee not exceeding $1,000.

        ‘(D) De novo review- With respect to a complaint under paragraph (1), if the Secretary of Labor has not issued a final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith of the employee, the employee may bring an original action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to the action, be tried by the court with a jury. The Action shall be governed by the same legal burdens of proof specified in paragraph (2)(B) for review by the Secretary of Labor.

      ‘(4) REVIEW-

        ‘(A) APPEAL TO COURT OF APPEALS- Any person adversely affected or aggrieved by an order issued under paragraph (3) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review shall be filed not later than 60 days after the date of the issuance of the final order of the Secretary. Review shall conform to chapter 7 of title 5. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order.

        ‘(B) LIMITATION ON COLLATERAL ATTACK- An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding.

      ‘(5) ENFORCEMENT OF ORDER BY SECRETARY- Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief and compensatory damages.

      ‘(6) ENFORCEMENT OF ORDER BY PARTIES-

        ‘(A) COMMENCEMENT OF ACTION- A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order.

        ‘(B) ATTORNEY FEES- The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate.

    ‘(c) Mandamus- Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28.

    ‘(d) Nonapplicability to Deliberate Violations- Subsection (a) shall not apply with respect to an employee of a motor vehicle manufacturer, part supplier, or dealership who, acting without direction from such motor vehicle manufacturer, part supplier, or dealership (or such person’s agent), deliberately causes a violation of any requirement relating to motor vehicle safety under this chapter.’.

    (b) Conforming Amendment- The table of sections for chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30170 the following:

      ‘30171. Protection of employees providing motor vehicle safety information’.

SEC. 307. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.

    (a) In General- Section 30166 of title 49, United States Code, is amended by adding at the end the following:

    ‘(o) Corporate Responsibility for Reports-

      ‘(1) IN GENERAL- The Secretary shall require for each company submitting information to the Secretary in response to a request for information in a safety defect or compliance investigation under this chapter, that a principal officer certify that--

        ‘(A) the signing officer has reviewed the submission; and

        ‘(B) based on the officer’s knowledge, the submission does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which such statements were made, not misleading.

      ‘(2) NOTICE- The certification requirements of this section shall be clearly stated on any request for information under paragraph (1).

      ‘(3) DEFINITION OF PRINCIPAL OFFICER- In this section, the term ‘principal officer’ means--

        ‘(A) an officer of the company who resides in the United States who is responsible for safety compliance under United States laws and reports directly to the principal executive officer of the company; or

        ‘(B) the principal executive officer residing in the United States.’.

    (b) Penalties-

      (1) CIVIL PENALTY- Section 30165(a) of title 49, United States Code, is amended--

        (A) by striking ‘A person’ in paragraph (3) and inserting ‘Except as provided in paragraph (4), a person’; and

        (B) by adding at the end thereof the following:

      ‘(4) FALSE, MISLEADING OR INCOMPLETE REPORTS- A person who knowingly and willfully submits materially false, misleading, or incomplete information to the Secretary, after certifying the same information as accurate and complete under the certification process established pursuant to section 30166(o), shall be subject to a civil penalty of not more than $50,000 per day. The maximum penalty under this paragraph for a related series of daily violations is $10,000,000.’.

      (2) CRIMINAL PENALTY- Section 30170 of title 49, United States Code, is amended--

        (A) by redesignating paragraphs (1) and (2) of subsection (a) as paragraphs (2) and (3), respectively, and by inserting before paragraph (2) the following:

      ‘(1) SUBMITTING MISLEADING INFORMATION TO THE SECRETARY- A person who violates section 1001 of title 18 with respect to the reporting requirements of section 30118, 30119, or 30166 with the specific intent of misleading the Secretary with respect to motor vehicle or motor vehicle equipment safety related defects shall, in addition to the penalties imposed under title 18, be subject to imprisonment for not more than an additional 12 months.’;

        (B) by striking the heading for paragraph (2), as redesignated, of subsection (a) and inserting the following:

      ‘(2) SUBMITTING MISLEADING INFORMATION TO THE SECRETARY THAT LEADS TO DEATH OR SERIOUS INJURY- ’; and

        (C) by striking subparagraph (A) of paragraph (3), as redesignated, of subsection (a) and inserting the following:

        ‘(A) CORRECTION- A person described in paragraph (1) or (2) shall not be subject to criminal penalties under this subsection if--

          ‘(i) the person corrects any improper reports or failure to report within a reasonable time; and

          ‘(ii) in the case of a person described in paragraph (2), at the time of the violation, such person does not know that the violation would result in an accident causing death or serious bodily injury.’.

SEC. 308. ANTI-REVOLVING DOOR.

    (a) Professional Responsibility Integrity Period-

      (1) IN GENERAL- Subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following:

‘Sec. 30107. Restriction on certain employment activities

    ‘(a) NHTSA Employees-

      ‘(1) IN GENERAL- A individual to whom this subsection applies who is employed by the National Highway Traffic Safety Administration may not commence employment with, or otherwise advise, provide assistance to, or represent for compensation, a manufacturer or other person subject to regulation under this chapter during the 36-month period commencing upon that individual’s termination of employment with the National Highway Traffic Safety Administration if such employment, advice, assistance, or representation involves--

        ‘(A) written or oral communication with the National Highway Traffic Safety Administration on any matter relating to compliance with the requirements of this chapter on behalf of the manufacturer or person;

        ‘(B) representing or advising a manufacturer with respect to a motor vehicle safety or fuel economy issue, including any defect related to motor vehicle safety, compliance with a motor vehicle safety standard, or compliance with an average fuel economy standard prescribed under chapter 329 of this title; or

        ‘(C) assisting a manufacturer in responding to a request for information from the National Highway Traffic Safety Administration.

      ‘(2) APPLICATION-

        ‘(A) IN GENERAL- This subsection applies to any individual--

          ‘(i) to whom section 207 (c) or (d) of title 18 applies; or

          ‘(ii) whose responsibilities during his or her last 12 months of employment at the National Highway Traffic Safety Administration included administrative, managerial, supervisory, legal, or senior technical responsibility for any motor vehicle safety-related program or activity.

      ‘(3) SAFE HARBOR- This subsection does not apply to any individual employed by a manufacturer or other person subject to regulation under this chapter as of the date of enactment of the Motor Vehicle Safety Act of 2010.

    ‘(b) Manufacturers- It is unlawful for any manufacturer or other person subject to regulation under this chapter to employ or contract for the services of an individual to whom subsection (a) applies during the 36-month period commencing on the individual’s termination of employment with the National Highway Traffic Safety Administration in a capacity in which the individual is prohibited from serving during that period.’.

      (2) CIVIL PENALTY- Section 30165(a) of title 49, United States Code, as amended by section 307, is further amended by adding at the end the following:

      ‘(5) Section 30107- An individual who violates section 30107(a) is liable to the United States Government for a civil penalty as determined under section 216(b) of title 18 for an offense under section 207 of that title. A manufacturer or other person subject to regulation under this chapter who violates section 30107(b) is liable to the United States Government for a civil penalty of the sum of--

        ‘(A) an amount equal to not less than $100,000; and

        ‘(B) an amount equal to 90 percent of the annual compensation or fee paid or payable to the individual with respect to whom the violation occurred.’.

      (3) CONFORMING AMENDMENT- The table of contents for chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30106 the following:

      ‘30107. Restriction on certain employment activities.’.

    (b) Study of Department of Transportation Policies on Official Communication With Former Motor Vehicle Safety Issue Employees- Within 1 year after the date of enactment of this Act the Department of Transportation Inspector General shall--

      (1) review the Department’s policies and procedures applicable to official communication with former employees concerning motor vehicle safety compliance matters for which they had responsibility during the last 12 months of their tenure at the Department, including any limitations on the ability of such employees to submit comments, or otherwise communicate directly with the Department, on motor vehicle safety issues; and

      (2) submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce containing the Inspector General’s findings, conclusions, and recommendations for strengthening those policies and procedures to minimize the risk of undue influence without compromising the ability of the Department to employ and retain highly qualified individuals for such responsibilities.

    (c) Post-employment Policy Study-

      (1) IN GENERAL- The Department of Transportation Inspector General shall conduct a study of the Department’s policies relating to post-employment restrictions on employees who perform functions related to transportation safety.

      (2) REPORT- Not later than 1 year after the date of enactment of this Act, the Inspector General shall submit a report containing the results of the study conducted under paragraph (1) to--

        (A) the Senate Committee on Commerce, Science, and Transportation;

        (B) the House of Representatives Committee on Energy and Commerce; and

        (C) the Secretary of Transportation.

      (3) USE OF RESULTS- The Secretary of Transportation shall review the results of the study and take whatever action the Secretary determines to be appropriate.

SEC. 309. DEADLINES FOR RULEMAKING.

    If the Secretary determines that a deadline for a final rule under this Act or an amendment made by this Act cannot be met, the Secretary shall--

      (1) notify the House of Representatives Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation and explain why that deadline cannot be met; and

      (2) establish a new deadline for that rule.

SEC. 310. USED PASSENGER MOTOR VEHICLE CONSUMER PROTECTION.

    (a) In General- Section 30120 of title 49, United States Code, is amended by adding at the end the following:

    ‘(k) Limitation on Sale or Lease of Used Motor Vehicles-

      ‘(1) A dealer may not sell or lease a used passenger motor vehicle until--

        ‘(A) the dealer clearly and conspicuously notifies the purchaser or lessee, in writing, of any notifications of a defect or noncompliance pursuant to section 30118(b) or section 30118(c) of this title with respect to the vehicle that have not been remedied; and

        ‘(B) the purchaser or lessee acknowledges, in writing, the receipt of such notification.

      ‘(2) Paragraph (1) shall not apply if--

        ‘(A) the defect or noncompliance is remedied as required by this section before delivery under the sale or lease; or

        ‘(B) notification of the defect or noncompliance is required under section 30118(b) but enforcement of the order is set aside in a civil action to which 30121(d) applies.

      ‘(3) This subsection does not apply to a dealer, if the recall information regarding a used passenger motor vehicle was not accessible at the time of sale or lease using the means established by the Secretary in section 302(b) of the Motor Vehicle Safety Act of 2010.

      ‘(4) In this subsection, notwithstanding section 30102(a)(1) of this title--

        ‘(A) the term ‘dealer’ means a person who sold at least 10 motor vehicles to consumers during the prior 12 months; and

        ‘(B) the term ‘used motor vehicle’ means a motor vehicle that has previously been purchased other than for resale.

      ‘(5) By rule, the Secretary may exempt the auctioning of used motor vehicles from the requirements of this section to the extent that the exemption does not harm public safety.’.

    (b) Effective Date- This section shall take effect 18 months after the date of enactment of this Act.

SEC. 311. USE OF EXISTING REGULATORY FRAMEWORK.

    In conducting any rulemaking proceedings required by this Act or by any amendment made by this Act, the Secretary shall, where appropriate, amend or modify existing regulations or standards pertaining to the same or a similar subject matter.

SEC. 312. RECALLED VEHICLES AND REPLACEMENT EQUIPMENT.

    (a) Improving the Efficacy of Motor Vehicle Safety Recalls- Section 30119(e) of title 49, United States Code, is amended by adding at the end the following: ‘If, in the Secretary’s judgment, depending on the severity of the defect or noncompliance, the second notification by a manufacturer does not result in an adequate number of passenger motor vehicles or items of replacement equipment being returned for remedy, the Secretary may--

      ‘(1) attempt to notify the registered owner of the recalled vehicle via first class mail or electronic means; and

      ‘(2) explain in writing to the registered owner the safety risk posed by the defect or noncompliance.’.

    (b) Locating Owners or Lessees- Section 30119 of title 49, United States Code, is amended by adding at the end the following:

    ‘(g) Locating Owners or Lessees- Depending on the magnitude of the risk to passenger motor vehicle safety, in the case of severe and life-threatening defects the Secretary may utilize, as appropriate, governmental motor vehicle databases or require manufacturers to provide sufficient information to enable the Secretary to locate and notify the owner or lessee of the defective or noncompliant vehicle or replacement equipment.’.

TITLE IV--FUNDING

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    Section 30104 of title 49, United States Code, is amended--

      (1) by striking ‘$98,313,500’; and

      (2) by striking ‘in each fiscal year beginning’ and all that follows and inserting ‘and to carry out the Motor Vehicle Safety Act of 2010--

      ‘(1) $200,000,000 for fiscal year 2011;

      ‘(2) $240,000,000 for fiscal year 2012; and

      ‘(3) $280,000,000 for fiscal year 2013.’.

TITLE V--PEDESTRIAN SAFETY ENHANCEMENT

SEC. 501. SHORT TITLE.

    This title may be cited as the ‘Pedestrian Safety Enhancement Act of 2009’.

SEC. 502. DEFINITIONS.

    In this title:

      (1) Alert sound; sound- The term ‘alert sound’ or ‘sound’ means a vehicle-emitted sound to enable pedestrians to discern vehicle presence, direction, location, and operation.

      (2) Cross-over speed- The term ‘cross-over speed’ means the speed at which tire noise, wind resistance, and other factors eliminate the need for a separate alert sound as determined by the Secretary.

      (3) Conventional motor vehicle- The term ‘conventional motor vehicle’ means a motor vehicle powered by a gasoline, diesel, or alternative fueled internal combustion engine as its sole means of propulsion.

      (4) Dealer- The term ‘dealer’ has the meaning given such term in section 30102(a)(1) of title 49, United States Code.

      (5) Defect- The term ‘defect’ has the meaning given such term in section 30102(a)(2) of title 49, United States Code.

      (6) Electric vehicle- The term ‘electric vehicle’ means a motor vehicle with an electric motor as its sole means of propulsion.

      (7) Hybrid vehicle- The term ‘hybrid vehicle’ means a motor vehicle which has more than one means of propulsion.

      (8) Manufacturer- The term ‘manufacturer’ has the meaning given such term in section 30102(a)(5) of title 49, United States Code.

      (9) Motor vehicle- The term ‘motor vehicle’ has the meaning given such term in section 30102(a)(6) of title 49, United States Code, except that such term shall not include a trailer (as such term is defined in section 571.3 of title 49, Code of Federal Regulations).

      (10) Secretary- The term ‘Secretary’ means the Secretary of Transportation.

SEC. 503. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES.

    (a) Rulemaking required- Not later than 18 months after the date of enactment of this Act the Secretary shall initiate rulemaking, under section 30111 of title 49, United States Code, to promulgate a motor vehicle safety standard--

      (1) establishing performance requirements for an alert sound that allows blind and other pedestrians to reasonably detect a nearby electric or hybrid vehicle operating below the cross-over speed, if any, and

      (2) requiring new electric or hybrid vehicles to provide an alert sound conforming to the requirements of the motor vehicle safety standard established under this subsection.

    The motor vehicle safety standard established under this subsection shall not require either driver or pedestrian activation of the alert sound and shall allow the pedestrian to reasonably detect a nearby electric or hybrid vehicle in critical operating scenarios including, but not limited to, constant speed, accelerating, or decelerating. The Secretary shall allow manufacturers to provide each vehicle with one or more sounds that comply with the motor vehicle safety standard at the time of manufacture. Further, the Secretary shall require manufacturers to provide, within reasonable manufacturing tolerances, the same sound or set of sounds for all vehicles of the same make and model and shall prohibit manufacturers from providing any mechanism for anyone other than the manufacturer or the dealer to disable, alter, replace, or modify the sound or set of sounds, except that the manufacturer or dealer may alter, replace, or modify the sound or set of sounds in order to remedy a defect or non-compliance with the motor vehicle safety standard. The Secretary shall promulgate the required motor vehicle safety standard pursuant to this subsection not later than 36 months after the date of enactment of this Act.

    (b) Consideration- When conducting the required rulemaking, the Secretary shall--

      (1) determine the minimum level of sound emitted from a motor vehicle that is necessary to provide blind and other pedestrians with the information needed to reasonably detect a nearby electric or hybrid vehicle operating at or below the cross-over speed, if any;

      (2) determine the performance requirements for an alert sound that is recognizable to a pedestrian as a motor vehicle in operation; and

      (3) consider the overall community noise impact.

    (c) Phase-in Required- The motor vehicle safety standard prescribed pursuant to subsection (a) of this section shall establish a phase-in period for compliance, as determined by the Secretary, and shall require full compliance with the required motor vehicle safety standard for motor vehicles manufactured on or after September 1 of the calendar year that begins 3 years after the date on which the final rule is issued.

    (d) Required Consultation- When conducting the required study and rulemaking, the Secretary shall--

      (1) consult with the Environmental Protection Agency to assure that the motor vehicle safety standard is consistent with existing noise requirements overseen by that Agency;

      (2) consult consumer groups representing individuals who are blind;

      (3) consult with automobile manufacturers and professional organizations representing them; and

      (4) consult technical standardization organizations responsible for measurement methods such as the Society of Automotive Engineers, the International Organization for Standardization, and the United Nations Economic Commission for Europe, World Forum for Harmonization of Vehicle Regulations.

    (e) Required Study and Report to Congress- Not later than 48 months after the date of enactment of this Act, the Secretary shall complete a study and report to Congress as to whether there exists a safety need to apply the motor vehicle safety standard required by subsection (a) to conventional motor vehicles. In the event that the Secretary determines there exists a safety need, the Secretary shall initiate rulemaking under section 30111 of title 49, United States Code, to extend the standard to conventional motor vehicles.

SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out this title.

TITLE VI--IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH

SEC. 601. SHORT TITLE.

    This title may be cited as the ‘Research of Alcohol Detection Systems for Stopping Alcohol-related Fatalities Everywhere Act of 2010’ or the ‘ROADS SAFE Act of 2010’.

SEC. 602. FINDINGS.

    Congress finds the following:

      (1) Alcohol-impaired driving fatalities represent approximately 1/3 of all highway fatalities in the United States in a given year.

      (2) In 2008, there were 11,773 alcohol-impaired driving fatalities.

      (3) An estimated 9,000 road traffic deaths could be prevented every year if alcohol detection technologies were more widely used to prevent alcohol-impaired drivers from operating their vehicles.

      (4) The National Highway Traffic Safety Administration has partnered with automobile manufacturers to develop alcohol detection technologies that could be installed in vehicles to prevent drunk driving.

      (5) Alcohol detection technologies will not be widely accepted by the public unless they are moderately priced, absolutely reliable, and set at a level that would not prevent a driver whose blood alcohol content is less than the legal limit from operating a vehicle.

SEC. 603. DRIVER ALCOHOL DETECTION SYSTEM FOR SAFETY RESEARCH.

    (a) In General- The Administrator of the National Highway Traffic Safety Administration shall carry out a collaborative research effort under chapter 301 of title 49, United States Code, to continue to explore the feasibility and the potential benefits of, and the public policy challenges associated with, more widespread deployment of in-vehicle technology to prevent alcohol-impaired driving.

    (b) Reports- The Administrator shall submit a report annually to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce--

      (1) describing progress in carrying out the collaborative research effort; and

      (2) including an accounting for the use of Federal funds obligated or expended in carrying out that effort.

SEC. 604. DEFINTIONS.

    In this title:

      (1) Alcohol-impaired driving- The term ‘alcohol-impaired driving’ means operation of a motor vehicle (as defined in section 30102(a)(6) of title 49, United States Code) by an individual whose blood alcohol content is at or above the legal limit.

      (2) Legal limit- The term ‘legal limit’ means a blood alcohol concentration of 0.08 percent or greater (as specified by chapter 163 of title 23, United States Code) or such other percentage limitation as may be established by applicable Federal, State, or local law.

SEC. 605. APPLICATION WITH OTHER LAWS.

    Nothing in this title shall be construed to modify or otherwise affect any Federal, State, or local government law, civil or criminal, with respect to the operation of a motor vehicle.

SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General- There are authorized to be appropriated to the Secretary of Transportation $12,000,000 for each of fiscal years 2011 through 2015 to carry out the collaborative research effort under section 603(a).

    (b) Excess Funds- Any amounts appropriated pursuant to subsection (a) that are not needed to carry out collaborative research under section 603(a) may be used by the Secretary for highway safety research in accordance with chapter 301 of title 49, United States Code, and chapter 403 of title 23, United States Code.

Calendar No. 653

111th CONGRESS

2d Session

S. 3302

A BILL

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


November 29, 2010

Reported with an amendment in the nature of a substitute