S. 2760 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2760 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mrs. McCaskill introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To extend National Highway Traffic Safety Administration authorizations, and for other purposes. 1. Short title This Act may be cited as the Motor Vehicle and Highway Safety Enhancement Act of 2014. 2. Definition of Secretary In this Act, unless expressly provided otherwise, the term Secretary means the Secretary of Transportation. I Highway safety 101. Authorization of appropriations (a) In general The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Highway safety programs For carrying out section 402 of title 23, United States Code— (A) $241,146,351 for fiscal year 2015; (B) $253,203,669 for fiscal year 2016; (C) $265,863,852 for fiscal year 2017; (D) $279,157,045 for fiscal year 2018; (E) $293,114,898 for fiscal year 2019; and (F) $307,770,643 for fiscal year 2020. (2) Highway safety research and development For carrying out section 403 of title 23, United States Code— (A) $117,000,000 for fiscal year 2015; (B) $122,850,000 for fiscal year 2016; (C) $128,992,500 for fiscal year 2017; (D) $135,442,125 for fiscal year 2018; (E) $142,214,232 for fiscal year 2019; and (F) $149,353,294 for fiscal year 2020. (3) National priority safety programs For carrying out section 405 of title 23, United States Code— (A) $278,705,019 for fiscal year 2015; (B) $292,640,270 for fiscal year 2016; (C) $307,272,283 for fiscal year 2017; (D) $322,635,898 for fiscal year 2018; (E) $338,767,693 for fiscal year 2019; and (F) $355,706,078 for fiscal year 2020. (4) National driver register For the National Highway Traffic Safety Administration to carry out chapter 303 of title 49, United States Code— (A) $5,000,000 for fiscal year 2015; (B) $5,250,000 for fiscal year 2016; (C) $5,512,500 for fiscal year 2017; (D) $5,788,125 for fiscal year 2018; (E) $6,077,532 for fiscal year 2019; and (F) $6,381,409 for fiscal year 2020. (5) High visibility enforcement program For carrying out section 2009 of SAFETEA–LU (23 U.S.C. 402 note)— (A) $29,000,000 for fiscal year 2015; (B) $30,450,000 for fiscal year 2016; (C) $31,972,500 for fiscal year 2017; (D) $33,571,125 for fiscal year 2018; (E) $35,249,682 for fiscal year 2019; and (F) $37,012,167 for fiscal year 2020. (6) Administrative expenses For administrative and related operating expenses of the National Highway Traffic Safety Administration in carrying out chapter 4 of title 23, United States Code, and this title— (A) $28,148,630 for fiscal year 2015; (B) $29,556,062 for fiscal year 2016; (C) $31,033,865 for fiscal year 2017; (D) $32,585,558 for fiscal year 2018; (E) $34,214,836 for fiscal year 2019; and (F) $35,925,587 for fiscal year 2020. (b) Prohibition on other uses Except as otherwise provided in chapter 4 of title 23, United States Code, in this title, and in the amendments made by this title, the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a program under such chapter— (1) shall only be used to carry out such program; and (2) may not be used by States or local governments for construction purposes. (c) Applicability of title 23 Except as otherwise provided in chapter 4 of title 23, United States Code, and in this title, amounts made available under subsection (a) for fiscal years 2015 through 2020 shall be available for obligation in the same manner as if such funds were apportioned or allocated under chapter 1 of title 23, United States Code. (d) Regulatory authority Grants awarded under this title shall be in accordance with regulations issued by the Secretary. (e) State matching requirement If a grant awarded under this title requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during any fiscal year by the State and its political subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any project under this subtitle (other than planning or administration) without regard to whether such expenditures were actually made in connection with such project. (f) Grant application and deadline To receive a grant under this title, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year. 102. Highway safety programs (a) Uniform guidelines Section 402(a)(2)(A) of title 23, United States Code, is amended— (1) by striking and at the end of clause (vi); (2) by redesignating clause (vii) as clause (ix); and (3) by inserting after clause (vi) the following: (vii) to reduce injuries and deaths to older drivers; (viii) to improve emergency medical services response to crash sites; and . (b) Administration of State programs Section 402(b)(1)(F) of title 23, United States Code, is amended— (1) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; and (2) by inserting after clause (ii) the following: (iii) countermeasures designed to decrease deaths and injuries to pedestrians and bicyclists traveling in the roadways; . (c) Restriction Section 402(g) of title 23, United States Code, is amended to read as follows: (g) Restriction Nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines). . 103. Ignition interlock grant criteria Section 405(d)(6) of title 23, United States Code, is amended by amending subparagraph (A) to read as follows: (A) In general The Secretary shall make a separate grant under this subsection to each State that adopts and is enforcing a law that requires any individual convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock installed. The State may provide limited exceptions for circumstances when— (i) a State-certified ignition interlock provider is not available within 100 miles of the individual's residence; (ii) the individual is required to operate an employer's motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual; or (iii) the individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device. . 104. Highway research and development Section 403 of title 23, United States Code, is amended by inserting at the end the following: (i) Federal share The Federal share of the cost of any project or activity carried out under this section may be up to 100 percent if so specified in the project agreement. . 105. Miscellaneous and technical amendments (a) Highway safety programs Section 402 of title 23, United States Code, is amended— (1) in subsection (b)(1)(C), by striking except as provided in paragraph (3) and inserting except as provided in paragraph (2); (2) in subsection (b)(1)(E)— (A) by striking in which a State and inserting for which a State; and (B) by striking subsection (f) and inserting subsection (k); and (3) in subsection (k)(4), by striking paragraph (2)(A) and inserting paragraph (3)(A). (b) Highway safety research and development Section 403(e) of title 23, United States Code, is amended by inserting of title 49 after chapter 301. (c) National priority safety programs Section 405 of title 23, United States Code, is amended— (1) in subsection (d)(5), by striking section 402(c) and inserting section 402; (2) by striking subsection (f)(2), and inserting the following: (2) Grant amount The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State's apportionment under section 402 for fiscal year 2009, except that the amount of a grant awarded to a State for a fiscal year may not exceed 25 percent of the amount apportioned to the State under section 402 for fiscal year 2009. ; and (3) in subsection (f)(4)(A)(iv), by striking developed under subsection (g). II Motor vehicle safety 201. Authorization of appropriations Section 30104 of title 49, United States Code, is amended— (1) by striking $98,313,500; and (2) by striking to carry out this part in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2011. and inserting the following: to carry out this part— (1) $152,000,000 for fiscal year 2015; (2) $170,240,000 for fiscal year 2016; (3) $190,670,000 for fiscal year 2017; (4) $213,550,000 for fiscal year 2018; (5) $239,175,000 for fiscal year 2019; and (6) $268,000,000 for fiscal year 2020. . 202. Recall obligations under bankruptcy Section 30120A of title 49, United States Code is amended by striking chapter 11 of title 11 and inserting chapter 7 or chapter 11 of title 11. 203. 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— (i) by striking A person that violates any and inserting A person that violates or causes to be violated any; and (ii) by striking $5,000 and inserting $25,000; and (B) by striking the third sentence; and (2) in subsection (a)(3)— (A) in the second sentence by striking $5,000 and inserting $25,000; and (B) by striking the third sentence. (b) 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 rule under section 31203(b) of the Moving Ahead for Progress in the 21st Century Act (49 U.S.C. 30165 note). 204. Criminal penalties Section 30170 of title 49, United States Code, is amended to read as follows: 30170. Criminal penalties (a) In general A person who violates any of section 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, 30141 through 30147, or 30166, or a regulation prescribed thereunder shall be subject to criminal penalties of— (1) if death of an individual results, a fine under title 18, or imprisonment for any term of years or for life, or both; (2) if serious bodily injury to any individual results, a fine under title 18 or imprisonment for not more than 15 years, or both; and (3) in any other case, a fine under title 18, or imprisoned for not more than 5 years, or both. (b) Agents Any individual director, officer, or agent of a corporation who authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of any of the sections described under subsection (a), shall be subject to penalties under this section without regard to any penalties to which that corporation may be subject under subsection (a). (c) Forfeiture of assets In addition to the penalties provided by subsection (a), the penalty for a criminal violation of any of the sections described under subsection (a) may include a forfeiture of assets associated with the violation. (d) Definitions In this section: (1) Criminal violation The term criminal violation means a violation of any of the sections described under subsection (a) for which the violator is sentenced to pay a fine, be imprisoned, or both. (2) Serious bodily injury The term serious bodily injury has the meaning given the term in section 1365 of title 18. . III Rental car safety 301. Short title This title may be cited as the Raechel and Jacqueline Houck Safe Rental Car Act of 2014. 302. Definitions Section 30102(a) of title 49, United States Code, is amended— (1) by redesignating paragraphs (10) and (11) as paragraphs (12) and (13), respectively; (2) by redesignating paragraphs (1) through (9) as paragraphs (2) through (10), respectively; (3) by inserting before paragraph (2), as redesignated, the following: (1) covered rental vehicle means a motor vehicle that— (A) has a gross vehicle weight rating of 10,000 pounds or less; (B) is rented without a driver for an initial term of less than 4 months; and (C) is part of a motor vehicle fleet of 5 or more motor vehicles that are used for rental purposes by a rental company. ; and (4) by inserting after paragraph (10), as redesignated, the following: (11) rental company means a person who— (A) is engaged in the business of renting covered rental vehicles; and (B) uses for rental purposes a motor vehicle fleet of 5 or more covered rental vehicles. . 303. Remedies for defects and noncompliance Section 30120(i) of title 49, United States Code, is amended— (1) in the subsection heading, by adding , or rental at the end; (2) in paragraph (1)— (A) by striking (1) If notification and inserting the following: (1) In general If notification ; (B) by indenting subparagraphs (A) and (B) four ems from the left margin; (C) by inserting or the manufacturer has provided to a rental company notification about a covered rental vehicle in the company’s possession at the time of notification after time of notification; (D) by striking the dealer may sell or lease, and inserting the dealer or rental company may sell, lease, or rent; and (E) in subparagraph (A), by striking sale or lease and inserting sale, lease, or rental agreement; (3) by amending paragraph (2) to read as follows: (2) Rule of construction Nothing in this subsection may be construed to prohibit a dealer or rental company from offering the vehicle or equipment for sale, lease, or rent. ; and (4) by adding at the end the following: (3) Specific rules for rental companies (A) In general Except as otherwise provided under this paragraph, a rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 24 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30118 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail. (B) Special rule for large vehicle fleets Notwithstanding subparagraph (A), if a rental company receives a notice to owner covering more than 5,000 motor vehicles in its fleet, the rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 48 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30118 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail. (C) Special rule for when remedies not immediately available If a notification required under subsection (b) or (c) of section 30118 indicates that the remedy for the defect or noncompliance is not immediately available and specifies actions to temporarily alter the vehicle that eliminate the safety risk posed by the defect or noncompliance, the rental company, after causing the specified actions to be performed, may rent (but may not sell or lease) the motor vehicle. Once the remedy for the rental vehicle becomes available to the rental company, the rental company may not rent the vehicle until the vehicle has been remedied, as provided in subsection (a). (D) Inapplicability to junk automobiles Notwithstanding paragraph (1), this subsection does not prohibit a rental company from selling a covered rental vehicle if such vehicle— (i) meets the definition of a junk automobile under section 201 of the Anti-Car Theft Act of 1992 (49 U.S.C. 30501); (ii) is retitled as a junk automobile pursuant to applicable State law; and (iii) is reported to the National Motor Vehicle Information System, if required under section 204 of such Act (49 U.S.C. 30504). . 304. Making safety devices and elements inoperative Section 30122(b) of title 49, United States Code, is amended by inserting rental company, after dealer, each place it appears. 305. Inspections, investigations, and records Section 30166 of title 49, United States Code, is amended— (1) in subsection (c)(2), by striking or dealer each place it appears and inserting dealer, or rental company; (2) in subsection (e), by striking or dealer each place it appears and inserting dealer, or rental company; and (3) in subsection (f), by striking or to owners and inserting , rental companies, or other owners. 306. Research authority The Secretary of Transportation may conduct a study of— (1) the effectiveness of the amendments made by this title; and (2) other activities of rental companies (as defined in section 30102(a)(11) of title 49, United States Code) related to their use and disposition of motor vehicles that are the subject of a notification required under section 30118 of title 49, United States Code. 307. Study (a) Additional requirement Subsection (b)(2) of section 32206 of the Moving Ahead for Progress in the 21st Century Act (Public Law 112–141; 126 Stat. 785) is amended— (1) in subparagraph (E), by striking and at the end; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: (F) evaluate the completion of safety recall remedies on rental trucks; and . (b) Report Subsection (c) of section 32206 of the Moving Ahead for Progress in the 21st Century Act (Public Law 112–141; 126 Stat. 785) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting such subparagraphs, as so redesignated, an additional two ems from the left margin; (2) by striking (c) Report.—Not later and inserting the following: (c) Reports (1) Initial report Not later ; (3) in subparagraph (A), as redesignated, by striking subsection (b) and inserting subparagraphs (A) through (E) and (G) of subsection (b)(2); and (4) by adding at the end the following: (2) Safety recall remedy report Not later than 1 year after the date of the enactment of the Raechel and Jacqueline Houck Safe Rental Car Act of 2014, the Secretary shall submit a report to the congressional committees set forth in paragraph (1) that contains— (A) the findings of the study conducted pursuant to subsection (b)(2)(F); and (B) any recommendations for legislation that the Secretary determines to be appropriate. . 308. Public comments The Secretary of Transportation shall solicit comments regarding the implementation of this title from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers. 309. Rule of construction Nothing in this title or the amendments made by this title shall— (1) be construed to create or increase any liability, including for loss of use, for a manufacturer as a result of having manufactured or imported a motor vehicle subject to a notification of defect or noncompliance under subsection (b) or (c) of section 30118 of title 49, United States Code; or (2) supersede or otherwise affect the contractual obligations, if any, between such a manufacturer and a rental company (as defined in section 30102(a) of title 49, United States Code, as amended by section 302 of this title). 310. Rulemaking The Secretary of Transportation may promulgate rules, as appropriate, to implement this title and the amendments made by this title. 311. Effective date The amendments made by this title shall take effect on the date that is 180 days after the date of the enactment of this title.