,,ii #aacth ,,congress #b;d ,session ,s4 #bgfj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjad ,mrs4 ,mc,caskill introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to extend ,national ,highway ,traffic ,safety ,administration authorizations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,motor ,vehicle and ,highway ,safety ,enhancement ,act of #bjad4 #b4 ,definition of ,secretary ,in this ,act1 unless expressly provided otherwise1 the term ,secretary means the ,secretary of ,transportation4 ,i ,highway safety #aja4 ,authorization of appropriations 7a7 ,in general ,the following sums are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,highway safety programs ,for carrying out section #djb of title #bc1 ,united ,states ,code-- 7,a7 #bda1adf1cea for fiscal year #bjae2 7,b7 #bec1bjc1ffi for fiscal year #bjaf2 7,c7 #bfe1hfc1heb for fiscal year #bjag2 7,d7 #bgi1aeg1jde for fiscal year #bjah2 7,e7 #bic1aad1hih for fiscal year #bjai2 and 7,f7 #cjg1ggj1fdc for fiscal year #bjbj4 7#b7 ,highway safety research and development ,for carrying out section #djc of title #bc1 ,united ,states ,code-- 7,a7 #aag1jjj1jjj for fiscal year #bjae2 7,b7 #abb1hej1jjj for fiscal year #bjaf2 7,c7 #abh1iib1ejj for fiscal year #bjag2 7,d7 #ace1ddb1abe for fiscal year #bjah2 7,e7 #adb1bad1bcb for fiscal year #bjai2 and 7,f7 #adi1cec1bid for fiscal year #bjbj4 7#c7 ,national priority safety programs ,for carrying out section #dje of title #bc1 ,united ,states ,code-- 7,a7 #bgh1gje1jai for fiscal year #bjae2 7,b7 #bib1fdj1bgj for fiscal year #bjaf2 7,c7 #cjg1bgb1bhc for fiscal year #bjag2 7,d7 #cbb1fce1hih for fiscal year #bjah2 7,e7 #cch1gfg1fic for fiscal year #bjai2 and 7,f7 #cee1gjf1jgh for fiscal year #bjbj4 7#d7 ,national driver register ,for the ,national ,highway ,traffic ,safety ,administration to carry out chapter #cjc of title #di1 ,united ,states ,code-- 7,a7 #e1jjj1jjj for fiscal year #bjae2 7,b7 #e1bej1jjj for fiscal year #bjaf2 7,c7 #e1eab1ejj for fiscal year #bjag2 7,d7 #e1ghh1abe for fiscal year #bjah2 7,e7 #f1jgg1ecb for fiscal year #bjai2 and 7,f7 #f1cha1dji for fiscal year #bjbj4 7#e7 ,high visibility enforcement program ,for carrying out section #bjji of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note7-- 7,a7 #bi1jjj1jjj for fiscal year #bjae2 7,b7 #cj1dej1jjj for fiscal year #bjaf2 7,c7 #ca1igb1ejj for fiscal year #bjag2 7,d7 #cc1ega1abe for fiscal year #bjah2 7,e7 #ce1bdi1fhb for fiscal year #bjai2 and 7,f7 #cg1jab1afg for fiscal year #bjbj4 7#f7 ,administrative expenses ,for administrative and related operating expenses of the ,national ,highway ,traffic ,safety ,administration in carrying out chapter #d of title #bc1 ,united ,states ,code1 and this title-- 7,a7 #bh1adh1fcj for fiscal year #bjae2 7,b7 #bi1eef1jfb for fiscal year #bjaf2 7,c7 #ca1jcc1hfe for fiscal year #bjag2 7,d7 #cb1ehe1eeh for fiscal year #bjah2 7,e7 #cd1bad1hcf for fiscal year #bjai2 and 7,f7 #ce1ibe1ehg for fiscal year #bjbj4 7b7 ,prohibition on other uses ,except as otherwise provided in chapter #d of title #bc1 ,united ,states ,code1 in this title1 and in the amendments made by this title1 the amounts made available from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for a program under such chapter-- 7#a7 shall only be used to carry out such program2 and 7#b7 may not be used by ,states or local governments for construction purposes4 7c7 ,applicability of title #bc ,except as otherwise provided in chapter #d of title #bc1 ,united ,states ,code1 and in this title1 amounts made available under subsection 7a7 for fiscal years #bjae through #bjbj shall be available for obligation in the same manner as if such funds were apportioned or allocated under chapter #a of title #bc1 ,united ,states ,code4 7d7 ,regulatory authority ,grants awarded under this title shall be in accordance with regulations issued by the ,secretary4 7e7 ,state matching requirement ,if a grant awarded under this title requires a ,state to share in the cost1 the aggregate of all expenditures for highway safety activities made during any fiscal year by the ,state and its political subdivisions 7exclusive of ,federal funds7 for carrying out the grant 7other than planning and administration7 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 7other than planning or administration7 without regard to whether such expenditures were actually made in connection with such project4 7f7 ,grant application and deadline ,to receive a grant under this title1 a ,state shall submit an application1 and the ,secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year4 #ajb4 ,highway safety programs 7a7 ,uniform guidelines ,section #djb7;a77#b77;,a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking and at the end of clause 7vi72 7#b7 by redesignating clause 7vii7 as clause 7ix72 and 7#c7 by inserting after clause 7vi7 the following3 7vii7 to reduce injuries and deaths to older drivers2 7viii7 to improve emergency medical services response to crash sites2 and 4 7b7 ,administration of ,state programs ,section #djb7;b77#a77;,f7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating clauses 7iii7 through 7v7 as clauses 7iv7 through 7vi71 respectively2 and 7#b7 by inserting after clause 7ii7 the following3 7iii7 countermeasures designed to decrease deaths and injuries to pedestrians and bicyclists traveling in the roadways2 4 7c7 ,restriction ,section #djb7;g7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7g7 ,restriction ,nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction1 maintenance1 or design 7other than design of safety features of highways to be incorporated into guidelines74 4 #ajc4 ,ignition interlock grant criteria ,section #dje7;d77#f7 of title #bc1 ,united ,states ,code1 is amended by amending subparagraph 7,a7 to read as follows3 7,a7 ,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 installed4 ,the ,state may provide limited exceptions for circumstances when-- 7i7 a ,state-certified ignition interlock provider is not available within #ajj miles of the individual's residence2 7ii7 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 individual2 or 7iii7 the individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device4 4 #ajd4 ,highway research and development ,section #djc of title #bc1 ,united ,states ,code1 is amended by inserting at the end the following3 7i7 ,federal share ,the ,federal share of the cost of any project or activity carried out under this section may be up to #ajj percent if so specified in the project agreement4 4 #aje4 ,miscellaneous and technical amendments 7a7 ,highway safety programs ,section #djb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#a77;,c71 by striking except as provided in paragraph 7#c7 and inserting except as provided in paragraph 7#b72 7#b7 in subsection 7b77#a77;,e7-- 7,a7 by striking in which a ,state and inserting for which a ,state2 and 7,b7 by striking subsection 7f7 and inserting subsection 7k72 and 7#c7 in subsection 7k77#d71 by striking paragraph 7#b77;,a7 and inserting paragraph 7#c77;,a74 7b7 ,highway safety research and development ,section #djc7;e7 of title #bc1 ,united ,states ,code1 is amended by inserting of title #di after chapter #cja4 7c7 ,national priority safety programs ,section #dje of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d77#e71 by striking section #djb7;c7 and inserting section #djb2 7#b7 by striking subsection 7f77#b71 and inserting the following3 7#b7 ,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 #djb for fiscal year #bjji1 except that the amount of a grant awarded to a ,state for a fiscal year may not exceed #be percent of the amount apportioned to the ,state under section #djb for fiscal year #bjji4 2 and 7#c7 in subsection 7f77#d77;,a77iv71 by striking developed under subsection 7g74 ,,ii ,motor vehicle safety #bja4 ,authorization of appropriations ,section #cjajd of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking #ih1cac1ejj2 and 7#b7 by striking to carry out this part in each fiscal year beginning in fiscal year #aiii and ending in fiscal year #bjaa4 and inserting the following3 to carry out this part-- 7#a7 #aeb1jjj1jjj for fiscal year #bjae2 7#b7 #agj1bdj1jjj for fiscal year #bjaf2 7#c7 #aij1fgj1jjj for fiscal year #bjag2 7#d7 #bac1eej1jjj for fiscal year #bjah2 7#e7 #bci1age1jjj for fiscal year #bjai2 and 7#f7 #bfh1jjj1jjj for fiscal year #bjbj4 4 #bjb4 ,recall obligations under bankruptcy ,section #cjabj;,a of title #di1 ,united ,states ,code is amended by striking chapter #aa of title #aa and inserting chapter #g or chapter #aa of title #aa4 #bjc4 ,civil penalties 7a7 ,in general ,section #cjafe of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in the first sentence-- 7i7 by striking ,a person that violates any and inserting ,a person that violates or causes to be violated any2 and 7ii7 by striking #e1jjj and inserting #be1jjj2 and 7,b7 by striking the third sentence2 and 7#b7 in subsection 7a77#c7-- 7,a7 in the second sentence by striking #e1jjj and inserting #be1jjj2 and 7,b7 by striking the third sentence4 7b7 ,construction ,nothing in this section shall be construed as preventing the imposition of penalties under section #cjafe of title #di1 ,united ,states ,code1 prior to the issuance of a final rule under section #cabjc7;b7 of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#di ,u4,s4,c4 #cjafe note74 #bjd4 ,criminal penalties ,section #cjagj of title #di1 ,united ,states ,code1 is amended to read as follows3 #cjagj4 ,criminal penalties 7a7 ,in general ,a person who violates any of section #cjaab1 #cjaae1 #cjaag through #cjabb1 #cjabc7;a71 #cjabe7;c71 #cjabg1 #cjada through #cjadg1 or #cjaff1 or a regulation prescribed thereunder shall be subject to criminal penalties of-- 7#a7 if death of an individual results1 a fine under title #ah1 or imprisonment for any term of years or for life1 or both2 7#b7 if serious bodily injury to any individual results1 a fine under title #ah or imprisonment for not more than #ae years1 or both2 and 7#c7 in any other case1 a fine under title #ah1 or imprisoned for not more than #e years1 or both4 7b7 ,agents ,any individual director1 officer1 or agent of a corporation who authorizes1 orders1 or performs any of the acts or practices constituting in whole or in part a violation of any of the sections described under subsection 7a71 shall be subject to penalties under this section without regard to any penalties to which that corporation may be subject under subsection 7a74 7c7 ,forfeiture of assets ,in addition to the penalties provided by subsection 7a71 the penalty for a criminal violation of any of the sections described under subsection 7a7 may include a forfeiture of assets associated with the violation4 7d7 ,definitions ,in this section3 7#a7 ,criminal violation ,the term criminal violation means a violation of any of the sections described under subsection 7a7 for which the violator is sentenced to pay a fine1 be imprisoned1 or both4 7#b7 ,serious bodily injury ,the term serious bodily injury has the meaning given the term in section #acfe of title #ah4 4 ,,iii ,rental car safety #cja4 ,short title ,this title may be cited as the ,raechel and ,jacqueline ,houck ,safe ,rental ,car ,act of #bjad4 #cjb4 ,definitions ,section #cjajb7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#aj7 and 7#aa7 as paragraphs 7#ab7 and 7#ac71 respectively2 7#b7 by redesignating paragraphs 7#a7 through 7#i7 as paragraphs 7#b7 through 7#aj71 respectively2 7#c7 by inserting before paragraph 7#b71 as redesignated1 the following3 7#a7 covered rental vehicle means a motor vehicle that-- 7,a7 has a gross vehicle weight rating of #aj1jjj pounds or less2 7,b7 is rented without a driver for an initial term of less than #d months2 and 7,c7 is part of a motor vehicle fleet of #e or more motor vehicles that are used for rental purposes by a rental company4 2 and 7#d7 by inserting after paragraph 7#aj71 as redesignated1 the following3 7#aa7 rental company means a person who-- 7,a7 is engaged in the business of renting covered rental vehicles2 and 7,b7 uses for rental purposes a motor vehicle fleet of #e or more covered rental vehicles4 4 #cjc4 ,remedies for defects and noncompliance ,section #cjabj7;i7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading1 by adding 1 or rental at the end2 7#b7 in paragraph 7#a7-- 7,a7 by striking 7#a7 ,if notification and inserting the following3 7#a7 ,in general ,if notification 2 7,b7 by indenting subparagraphs 7,a7 and 7,b7 four ems from the left margin2 7,c7 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 notification2 7,d7 by striking the dealer may sell or lease1 and inserting the dealer or rental company may sell1 lease1 or rent2 and 7,e7 in subparagraph 7,a71 by striking sale or lease and inserting sale1 lease1 or rental agreement2 7#c7 by amending paragraph 7#b7 to read as follows3 7#b7 ,rule of construction ,nothing in this subsection may be construed to prohibit a dealer or rental company from offering the vehicle or equipment for sale1 lease1 or rent4 2 and 7#d7 by adding at the end the following3 7#c7 ,specific rules for rental companies 7,a7 ,in general ,except as otherwise provided under this paragraph1 a rental company shall comply with the limitations on sale1 lease1 or rental set forth in subparagraph 7,c7 and paragraph 7#a7 as soon as practicable1 but not later than #bd hours after the earliest receipt of the notice to owner under subsection 7b7 or 7c7 of section #cjaah 7including the vehicle identification number for the covered vehicle7 by the rental company1 whether by electronic means or first class mail4 7,b7 ,special rule for large vehicle fleets ,notwithstanding subparagraph 7,a71 if a rental company receives a notice to owner covering more than #e1jjj motor vehicles in its fleet1 the rental company shall comply with the limitations on sale1 lease1 or rental set forth in subparagraph 7,c7 and paragraph 7#a7 as soon as practicable1 but not later than #dh hours after the earliest receipt of the notice to owner under subsection 7b7 or 7c7 of section #cjaah 7including the vehicle identification number for the covered vehicle7 by the rental company1 whether by electronic means or first class mail4 7,c7 ,special rule for when remedies not immediately available ,if a notification required under subsection 7b7 or 7c7 of section #cjaah 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 noncompliance1 the rental company1 after causing the specified actions to be performed1 may rent 7but may not sell or lease7 the motor vehicle4 ,once the remedy for the rental vehicle becomes available to the rental company1 the rental company may not rent the vehicle until the vehicle has been remedied1 as provided in subsection 7a74 7,d7 ,inapplicability to junk automobiles ,notwithstanding paragraph 7#a71 this subsection does not prohibit a rental company from selling a covered rental vehicle if such vehicle-- 7i7 meets the definition of a junk automobile under section #bja of the ,anti-,car ,theft ,act of #aiib 7#di ,u4,s4,c4 #cjeja72 7ii7 is retitled as a junk automobile pursuant to applicable ,state law2 and 7iii7 is reported to the ,national ,motor ,vehicle ,information ,system1 if required under section #bjd of such ,act 7#di ,u4,s4,c4 #cjejd74 4 #cjd4 ,making safety devices and elements inoperative ,section #cjabb7;b7 of title #di1 ,united ,states ,code1 is amended by inserting rental company1 after dealer1 each place it appears4 #cje4 ,inspections1 investigations1 and records ,section #cjaff of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#b71 by striking or dealer each place it appears and inserting dealer1 or rental company2 7#b7 in subsection 7e71 by striking or dealer each place it appears and inserting dealer1 or rental company2 and 7#c7 in subsection 7f71 by striking or to owners and inserting 1 rental companies1 or other owners4 #cjf4 ,research authority ,the ,secretary of ,transportation may conduct a study of-- 7#a7 the effectiveness of the amendments made by this title2 and 7#b7 other activities of rental companies 7as defined in section #cjajb7;a77#aa7 of title #di1 ,united ,states ,code7 related to their use and disposition of motor vehicles that are the subject of a notification required under section #cjaah of title #di1 ,united ,states ,code4 #cjg4 ,study 7a7 ,additional requirement ,subsection 7b77#b7 of section #cbbjf of the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada2 #abf ,stat4 #ghe7 is amended-- 7#a7 in subparagraph 7,e71 by striking and at the end2 7#b7 by redesignating subparagraph 7,f7 as subparagraph 7,g72 and 7#c7 by inserting after subparagraph 7,e7 the following3 7,f7 evaluate the completion of safety recall remedies on rental trucks2 and 4 7b7 ,report ,subsection 7c7 of section #cbbjf of the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada2 #abf ,stat4 #ghe7 is amended-- 7#a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting such subparagraphs1 as so redesignated1 an additional two ems from the left margin2 7#b7 by striking 7c7 ,report4--,not later and inserting the following3 7c7 ,reports 7#a7 ,initial report ,not later 2 7#c7 in subparagraph 7,a71 as redesignated1 by striking subsection 7b7 and inserting subparagraphs 7,a7 through 7,e7 and 7,g7 of subsection 7b77#b72 and 7#d7 by adding at the end the following3 7#b7 ,safety recall remedy report ,not later than #a year after the date of the enactment of the ,raechel and ,jacqueline ,houck ,safe ,rental ,car ,act of #bjad1 the ,secretary shall submit a report to the congressional committees set forth in paragraph 7#a7 that contains-- 7,a7 the findings of the study conducted pursuant to subsection 7b77#b77;,f72 and 7,b7 any recommendations for legislation that the ,secretary determines to be appropriate4 4 #cjh4 ,public comments ,the ,secretary of ,transportation shall solicit comments regarding the implementation of this title from members of the public1 including rental companies1 consumer organizations1 automobile manufacturers1 and automobile dealers4 #cji4 ,rule of construction ,nothing in this title or the amendments made by this title shall-- 7#a7 be construed to create or increase any liability1 including for loss of use1 for a manufacturer as a result of having manufactured or imported a motor vehicle subject to a notification of defect or noncompliance under subsection 7b7 or 7c7 of section #cjaah of title #di1 ,united ,states ,code2 or 7#b7 supersede or otherwise affect the contractual obligations1 if any1 between such a manufacturer and a rental company 7as defined in section #cjajb7;a7 of title #di1 ,united ,states ,code1 as amended by section #cjb of this title74 #caj4 ,rulemaking ,the ,secretary of ,transportation may promulgate rules1 as appropriate1 to implement this title and the amendments made by this title4 #caa4 ,effective date ,the amendments made by this title shall take effect on the date that is #ahj days after the date of the enactment of this title4