[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5381 Reported in House (RH)]

                                                 Union Calendar No. 307
111th CONGRESS
  2d Session
                                H. R. 5381

                          [Report No. 111-536]

     To require motor vehicle safety standards relating to vehicle 
   electronics and to reauthorize and provide greater transparency, 
 accountability, and safety authority to the National Highway Traffic 
                         Safety Administration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2010

  Mr. Waxman (for himself, Mr. Rush, Mr. Dingell, Mr. Stupak, and Mr. 
 Braley of Iowa) introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

                             July 14, 2010

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 25, 
                                 2010]


_______________________________________________________________________

                                 A BILL


 
     To require motor vehicle safety standards relating to vehicle 
   electronics and to reauthorize and provide greater transparency, 
 accountability, and safety authority to the National Highway Traffic 
                         Safety Administration.


 


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

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. Electronics and Engineering Expertise.
Sec. 102. Brake override standard.
Sec. 103. Accelerator control systems.
Sec. 104. Pedal placement standard.
Sec. 105. Electronic systems performance standard.
Sec. 106. Push-button ignition systems standard.
Sec. 107. Transmission configuration standard.
Sec. 108. Vehicle event data recorders.
Sec. 109. Commercial motor vehicle rollover prevention and crash 
                            mitigation.
Sec. 110. Minimum sound requirement.
Sec. 111. Driver alcohol detection system research.

               TITLE II--TRANSPARENCY AND ACCOUNTABILITY

Sec. 201. Public availability of early warning data.
Sec. 202. Improved NHTSA vehicle safety database.
Sec. 203. Promotion of vehicle defect reporting.
Sec. 204. NHTSA hotline for manufacturer, dealer, and mechanic 
                            personnel.
Sec. 205. Corporate responsibility for NHTSA reports.
Sec. 206. Appeal of defect petition rejection.
Sec. 207. Deadlines for rulemaking.
Sec. 208. Reports to Congress.
Sec. 209. Restriction on Covered Vehicle Safety Officials.

                           TITLE III--FUNDING

Sec. 301. Vehicle safety user fee.
Sec. 302. Authorization of appropriations.

                 TITLE IV--ENHANCED SAFETY AUTHORITIES

Sec. 401. Civil penalties.
Sec. 402. Imminent hazard authority.

                     TITLE V--ADDITIONAL PROVISIONS

Sec. 501. Preemption of State law.

SEC. 2. DEFINITIONS.

    As used in this Act, the following definitions apply:
            (1) 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. Such term does not include--
                    (A) a motorcycle;
                    (B) a trailer; or
                    (C) a low speed vehicle (as defined in section 
                571.3 in title 49, Code of Federal Regulations).
            (2) 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. ELECTRONICS AND ENGINEERING EXPERTISE.

    (a) Center for Vehicle Electronics and Emerging Technologies.--
            (1) In general.--The Secretary shall establish, within the 
        National Highway Traffic Safety Administration, a Center for 
        Vehicle Electronics and Emerging Technologies. The Center 
        shall--
                    (A) build, integrate, and aggregate the agency's 
                expertise in vehicle electronics and other new and 
                emerging technologies;
                    (B) coordinate with all components of the agency 
                responsible for vehicle safety, including research and 
                development, rulemaking, and defects investigation; and
                    (C) conduct research into the use of lightweight 
                materials in vehicles, including through the 
                implementation of the Plastic and Composite Intensive 
                Vehicle Safety Roadmap (Report No. DOT HS 810 863).
            (2) Limitation.--Not more than 20 percent of the funds 
        spent by the Center in a given year may be spent for the 
        purposes described in paragraph (1)(C).
    (b) Honors Recruitment Program.--
            (1) Establishment.--The Secretary shall establish, within 
        the National Highway Traffic Safety Administration, an honors 
        program for engineering 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.
            (2) Targeted student.--The Secretary shall develop a plan 
        to target and make an aggressive outreach to recruit the top 10 
        percent of science, technology, engineering and mathematics 
        students attending--
                    (A) 1890 Land Grant Institutions (as defined in 
                section 2 of the Agricultural Research, Extension, and 
                Education Reform Act of 1998 (7 U.S.C. 7061));
                    (B) Predominantly Black Institutions (as defined in 
                section 318 of the Higher Education Act of 1965 (20 
                U.S.C. 1059e));
                    (C) Tribal Colleges or Universities (as defined in 
                section 316(b) of the Higher Education Act of 1965 (20 
                U.S.C. 1059c(b))); and
                    (D) Hispanic Serving Institutions (as defined in 
                section 318 of the Higher Education Act of 1965 (20 
                U.S.C. 059e)).

SEC. 102. BRAKE OVERRIDE STANDARD.

    (a) Unintended Acceleration.--The Secretary shall initiate a 
rulemaking proceeding pursuant to section 30111 of title 49, United 
States Code, to prescribe or amend a Federal motor vehicle safety 
standard that would mitigate unintended acceleration in passenger motor 
vehicles. The standard--
            (1) shall establish performance requirements 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;
            (2) may permit compliance with such requirements through a 
        smart pedal system that requires brake pedal application, after 
        a period of time determined by the Secretary, to override an 
        accelerator input signal in order to stop the vehicle; and
            (3) may permit vehicles to incorporate a means by which the 
        driver would be able to temporarily disengage the technology or 
        mechanism required under paragraph (1) to facilitate 
        operations, such as maneuvering trailers, or other operating 
        conditions, that may require the simultaneous operation of the 
        service brake and accelerator pedal.
    (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. ACCELERATOR CONTROL SYSTEMS.

    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to amend Federal motor vehicle safety standard 124 to 
require that at least 1 redundant circuit or other mechanism be built 
into accelerator control systems, including systems controlled by 
electronic throttle, to maintain vehicle control in the event of 
failure or malfunction in the accelerator control system.
    (b) Deadline.--The Secretary shall issue a final rule under 
subsection (a) within 2 years after the date of enactment of this Act.
    (c) Combined.--If the Secretary considers it appropriate, the 
Secretary may combine the rulemaking proceeding required by subsection 
(a) with the rulemaking proceeding required by section 102.

SEC. 104. PEDAL PLACEMENT STANDARD.

    (a) Consideration of Rule.--Not later than 18 months after the date 
of the enactment of this Act, the Secretary shall initiate a rulemaking 
proceeding pursuant to section 30111 of title 49, United States Code, 
to consider prescribing or amending Federal motor vehicle safety 
standards to prevent the potential obstruction of pedal movement in 
passenger motor vehicles by establishing minimum clearances for 
passenger motor vehicle foot pedals with respect to other pedals and 
the vehicle floor (including aftermarket floor coverings), taking into 
account various pedal mounting configurations.
    (b) Deadline for Decision.--If the Secretary determines such safety 
standards are reasonable, practicable, and appropriate, the Secretary 
shall prescribe the safety standards described in subsection (a) not 
later than 4 years after the date of enactment of this Act. If the 
Secretary determines that no additional safety standards are 
reasonable, practicable, and appropriate the Secretary shall transmit a 
report to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate describing the reasons such standards were 
not prescribed.

SEC. 105. ELECTRONIC SYSTEMS PERFORMANCE STANDARD.

    (a) In General.--Not later than 2 years after the enactment of this 
Act, the Secretary shall initiate a rulemaking proceeding pursuant to 
section 30111 of title 49, United States Code, to consider requiring 
electronic systems in passenger motor vehicles to meet minimum 
standards for performance. The Secretary shall consider the findings 
and recommendations of the National Academy of Sciences pursuant to its 
study of electronic vehicle controls and unintended acceleration. The 
standard may include requirements for electronic components, the 
interaction of those electronic components, or the effect of 
surrounding environments on those electronic systems.
    (b) Deadline for Decision.--If the Secretary determines such safety 
standards are reasonable, practicable, and appropriate, the Secretary 
shall prescribe the safety standards described in subsection (a) not 
later than 4 years after the date of enactment of this Act. If the 
Secretary determines that no additional safety standards are 
reasonable, practicable, and appropriate the Secretary shall transmit a 
report to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate describing the reasons such standards were 
not prescribed.

SEC. 106. PUSH-BUTTON IGNITION SYSTEMS STANDARD.

    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding pursuant to section 30111 of title 49, United States Code, 
to prescribe or amend a Federal motor vehicle safety standard for 
passenger motor vehicles equipped with push-button ignition systems, to 
establish the standard operation and function of such systems when used 
by drivers, including drivers unfamiliar with the vehicle, in an 
emergency situation when the vehicle is in motion.
    (b) Deadline.--The Secretary shall issue a final rule under 
subsection (a) within 2 years after the date of enactment of this Act.

SEC. 107. TRANSMISSION CONFIGURATION STANDARD.

    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding pursuant to section 30111 of title 49, United States Code, 
to revise Federal motor vehicle safety standard 102, to improve the 
recognition of the gear selector positions for drivers, including 
drivers unfamiliar with the vehicle, and to improve the conspicuity of 
the neutral position.
    (b) Deadline.--The Secretary shall issue a final rule under 
subsection (a) within 1 year after the date of enactment of this Act.

SEC. 108. VEHICLE EVENT DATA RECORDERS.

    (a) Required Event Data Recorders.--Not later than 6 months after 
the date of the enactment of this section, the Secretary shall modify 
the regulation contained in part 563 of title 49, Code of Federal 
Regulations, to require that passenger motor vehicles sold in the 
United States be equipped with an event data recorder that meets the 
requirements for event data recorders set forth in such part. The 
Secretary shall require manufacturers to include such event data 
recorders in their entire fleet beginning in model year 2015.
    (b) Requirements for Event Data Recorders.--The Secretary shall 
initiate a rulemaking proceeding pursuant to section 30111 of title 49, 
United States Code, to require that the event data recorders required 
to be installed in passenger motor vehicles pursuant to subsection (a) 
continuously record vehicle operational data that can be stored and 
accessed for retrieval and analysis in accordance with subsections (c) 
and (d).
    (c) Specifications.--The rule--
            (1) shall require such recorders to store data covering a 
        reasonable time before, during, and after a crash or airbag 
        deployment, including information on 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 
        store other data, such as data related to vehicle rollovers, as 
        the Secretary considers appropriate;
            (2) shall require such recorders to store data covering at 
        least a sufficient period of time to capture all relevant data 
        from a crash, including vehicle rollovers, and shall establish 
        appropriate recording times for capturing data prior to a crash 
        event;
            (3) may require such recorders to capture certain events 
        such as rapid deceleration and full braking lasting more than 
        10 seconds, even if there is not a crash or airbag deployment;
            (4) may not require information recorded or transmitted by 
        such data recorders to include the vehicle location, except for 
        the purposes of emergency response;
            (5) shall require that data stored on such recorders be 
        accessible, regardless of vehicle manufacturer or model, with 
        commercially available equipment;
            (6) shall specify any data format requirements or other 
        requirements, including a standardized data access port, the 
        Secretary determines appropriate to facilitate accessibility 
        and analysis; and
            (7) shall require that such recorders meet at least the 
        performance requirements for crash resistance included in part 
        563 of title 49, Code of Federal Regulations (as amended 
        January 14, 2008), and, if the Secretary determines that these 
        requirements do not provide adequate temperature, crash, or 
        water resistance, shall establish such additional standards.
    (d) Limitations on Information Retrieval.--
            (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.
            (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--
                    (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; or
                    (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.
            (3) Tamper resistance.--The rule issued under subsection 
        (b) shall establish performance requirements for preventing 
        unauthorized access to the data stored on such 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 (a) shall provide that any owner's 
manual or similar documentation provided to the first purchaser of a 
passenger motor 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.
    (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''.
    (g) Deadline for Rulemaking.--The Secretary shall issue a final 
rule under subsection (a) not later than 3 years after the date of 
enactment of this Act.

SEC. 109. COMMERCIAL MOTOR VEHICLE ROLLOVER PREVENTION AND CRASH 
              MITIGATION.

    (a) Rulemaking.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall initiate a rulemaking 
proceeding pursuant to section 30111 of title 49, United States Code, 
to prescribe or amend a Federal motor vehicle safety standard to reduce 
commercial motor vehicle rollover and loss of control crashes and 
mitigate deaths and injuries associated with such crashes for air-
braked motor vehicles with a gross vehicle weight rating of more than 
26,000 pounds.
    (b) Required Performance Standards.--The rulemaking proceeding 
initiated under subsection (a) shall establish standards to reduce the 
occurrence of rollovers consistent with stability enhancing 
technologies that address both rollovers and loss-of-control crashes.
    (c) Deadline.--The Secretary shall issue a final rule under 
subsection (a) not later than 18 months after the date of enactment of 
this Act.

SEC. 110. MINIMUM SOUND REQUIREMENT.

    (a) Rulemaking.--Not later than 18 months following the date of 
enactment of this Act the Secretary shall initiate a rulemaking 
proceeding under section 30111 of title 49, United States Code, to 
promulgate a motor vehicle safety standard to establish 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. Such standard--
            (1) shall require new electric or hybrid vehicles to 
        provide an alert sound conforming to the requirements of the 
        motor vehicle safety standard established under this 
        subsection;
            (2) shall not require either driver or pedestrian 
        activation of the alert sound;
            (3) 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, and decelerating;
            (4) shall allow manufacturers to provide each vehicle with 
        1 or more alert sounds that comply with the motor vehicle 
        safety standard at the time of manufacture; and
            (5) shall require manufacturers to provide, within 
        reasonable manufacturing tolerances, the same alert sound or 
        set of alert 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 alert sound or set of 
        alert sounds, except that the manufacturer or dealer may alter, 
        replace, or modify the alert sound or set of alert sounds in 
        order to remedy a defect or non-compliance with the motor 
        vehicle safety standard.
    (b) Consideration.--When conducting the required rulemaking, the 
Secretary shall--
            (1) determine the minimum level of an alert 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 noise impact to streets and 
        communities.
    (c) Phase-in Required.--The motor vehicle safety standard 
prescribed pursuant to subsection (a) 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) Consultation.--When conducting the required study and 
rulemaking, the Secretary shall consult with--
            (1) the Environmental Protection Agency to assure that the 
        motor vehicle safety standard is consistent with existing noise 
        requirements overseen by the Agency;
            (2) consumer groups representing individuals who are blind;
            (3) automobile manufacturers and professional organizations 
        representing them; and
            (4) 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) Deadline.--The Secretary shall issue a final rule under 
subsection (a) not later than 36 months after the date of enactment of 
this Act.
    (f) Study and Report.--Not later than 4 years 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.
    (g) Definitions.--For purposes of the motor vehicle safety standard 
required under this section--
            (1) the term ``alert sound'' means a vehicle-emitted sound 
        that enables pedestrians to discern vehicle presence, 
        direction, location, and operation;
            (2) the term ``cross-over speed'' means the speed at which 
        tire noise, wind resistance, or other factors eliminate the 
        need for a separate alert sound, as determined by the 
        Secretary;
            (3) 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) the term ``electric vehicle'' means a motor vehicle 
        with an electric motor as its sole means of propulsion; and
            (5) the term ``hybrid vehicle'' means a motor vehicle which 
        has more than one means of propulsion.

SEC. 111. DRIVER ALCOHOL DETECTION SYSTEM RESEARCH.

    (a) Research.--The Secretary shall carry out a collaborative 
research effort 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) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit a report annually to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate--
            (1) describing progress in carrying out the collaborative 
        research effort; and
            (2) including an accounting for the use of Federal funds 
        obligated or expended in carrying out that effort.
    (c) Authorization.--From amounts appropriated under section 30104 
of title 49, United States Code, the Secretary is authorized to expend 
$8,000,000 during each of fiscal years 2011 through 2015 to conduct the 
research required under this section.

               TITLE II--TRANSPARENCY AND ACCOUNTABILITY

SEC. 201. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

    (a) In General.--Section 30166(m) of title 49, United States Code, 
is amended by in paragraph (4), by striking subparagraph (C) 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 regarding 
public access to information submitted pursuant to section 30166(m). 
The Secretary may establish categories of information provided pursuant 
to such section that must be made available to the public and 
categories 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. The following types of information shall not be 
eligible for protection under section 552(b)(4) of title 5, United 
States Code, and shall not be withheld from public disclosure:
            (1) Production information regarding passenger motor 
        vehicles, information on incidents involving death or injury, 
        and numbers of property damage claims.
            (2) Aggregated numbers of consumer complaints.
    (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.

SEC. 202. 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 
        design features such as drop-down menus, 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.--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 websites or through other reasonable means.
    (c) Accessibility of Manufacturer Communications.--Section 30166(f) 
of title 49, United States Code, is amended by inserting ``, and make 
available on a publicly accessible Internet website,'' after 
``Secretary of Transportation''.

SEC. 203. 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 with the National 
        Highway Traffic Safety Administration. 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. 204. NHTSA HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC 
              PERSONNEL.

    The Secretary shall--
            (1) establish a means by which mechanics, automobile 
        dealership personnel, and automobile manufacturer personnel may 
        contact the National Highway Traffic Safety Administration 
        directly and confidentially regarding potential passenger 
        automobile safety defects; and
            (2) publicize the means for contacting the National Highway 
        Traffic Safety Administration in a manner that targets 
        mechanics, automobile dealership personnel, and manufacturer 
        personnel.

SEC. 205. 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.--The Secretary shall 
require, for each company submitting information to the Secretary in 
response to a request for information in a safety or compliance 
investigation under this chapter, that a senior official responsible 
for safety residing in the United States certify that--
            ``(1) the signing official has reviewed the submission; and
            ``(2) based on the official'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.''.
    (b) Civil Penalty.--Section 30165(a) of title 49, United States 
Code, is amended--
            (1) by striking ``A person'' in paragraph (3) and inserting 
        ``Except as provided in paragraph (4), a person''; and
            (2) 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 
        $5,000 per day. The maximum penalty under this paragraph for a 
        related series of daily violations is $5,000,000.''.

SEC. 206. APPEAL OF DEFECT PETITION REJECTION.

    Section 30162 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Judicial Review.--A decision of the Secretary to deny a 
petition filed under subsection (a)(2) of this section is agency action 
subject to judicial review under chapter 7 of title 5, and such action 
shall not be considered committed to agency discretion within the 
meaning of section 701(a)(2) of such title. A person aggrieved by the 
denial of a petition may obtain judicial review by filing an action in 
the 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 not more 
than 180 days after notice of the denial of the petition is published 
in the Federal Register.''.

SEC. 207. 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 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
            (2) establish a new deadline for that rule.

SEC. 208. REPORTS TO CONGRESS.

    (a) Study on Early Warning Data.--Not later than 3, 5, 7, and 9 
years after the date of enactment of this Act, the Office of the 
Inspector General of the Department of Transportation shall complete a 
study of the utilization of Early Warning data by the National Highway 
Traffic Safety Administration (NHTSA). Each study shall evaluate the 
following:
            (1) The number and type of requests for information made by 
        the NHTSA based on data received in the Early Warning Reporting 
        system.
            (2) The number of safety defect investigations opened by 
        NHTSA using any information reported to the agency through the 
        Early Warning Reporting system.
            (3) The nature and vehicle defect category of all such 
        safety defect investigations.
            (4) The number of investigations described in paragraph (2) 
        that are subsequently closed without further action.
            (5) The duration of each investigation described in 
        paragraph (2)
            (6) The percentage of each investigation that result in a 
        finding of a safety defect or recall by the agency.
            (7) Other information the Office of the Inspector General 
        deems appropriate.
    (b) Report on Operations of the Center for Vehicle Electronics and 
Emerging Technologies.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall report to Congress regarding 
the operations of the Center for Vehicle Electronics and Emerging 
Technologies. Such report shall include information about the 
accomplishments of the Center, the role the Center plays in integrating 
and aggregating expertise across NHTSA, and priorities of the Center 
over the next 5 years.
    (c) Study of Crash Data Collection.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall issue a report 
regarding the quality of data collected through the National Automotive 
Sampling System, including the Special Crash Investigations, and 
recommendations for improvements to this data collection program. The 
report shall include information regarding--
            (1) the analysis and conclusions NHTSA can reach based on 
        the amount of data collected in a given year, and the 
        additional analysis and conclusions NHTSA could reach if more 
        crash investigations were conducted each year;
            (2) the number of investigations per year that would allow 
        for optimal data analysis and crash information;
            (3) the results of a comprehensive review of the data 
        elements collected from each crash to determine if additional 
        data should be collected; which review shall include input from 
        interested parties, such as suppliers, automakers, safety 
        advocates, the medical community and research organizations; 
        and
            (4) the resources that would be necessary for NHTSA to 
        implement these recommendations.
    (d) Submission of Reports.--Each report shall be submitted to the 
Committee on Energy and Commerce of the House of Representatives and to 
the Committee on Commerce, Science, and Transportation of the Senate 
upon completion.

SEC. 209. RESTRICTION ON COVERED VEHICLE SAFETY OFFICIALS.

    (a) Amendment.--Subchapter I of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 30107. Restriction on covered vehicle safety officials
    ``(a) In General.--For a period of 1 year after the termination of 
his or her service or employment, a covered vehicle safety official 
shall not knowingly make, with the intent to influence, any 
communication to or appearance before any officer or employee of the 
National Highway Transportation Safety Administration on behalf of any 
manufacturer subject to regulation under this chapter in connection 
with any matter involving vehicle safety on which such person seeks 
official action by any officer or employee of the National Highway 
Transportation Safety Administration.
    ``(b) No Effect on Section 207.--This section does not expand, 
contract, or otherwise affect the application of any waiver or criminal 
penalties under section 207 of title 18, United States Code.
    ``(c) Effective Date.--This section shall apply to covered vehicle 
safety officials who terminate service or employment with the National 
Highway Transportation Safety Administration after the date of 
enactment of the Motor Vehicle Safety Act of 2010.
    ``(d) Definition.--In this section, the term `covered vehicle 
safety official' means any officer or employee of the National Highway 
Transportation Safety Administration who, within the final 12 months of 
his or her service or employment with the agency, serves or served in a 
technical or legal capacity, and whose job responsibilities include or 
included vehicle safety defect investigation, vehicle safety 
compliance, vehicle safety rulemaking, or vehicle safety research, and 
any officer or employee of the National Highway Transportation Safety 
Administration serving in a supervisory or management capacity over 
such officers or employees.
    ``(e) Special Rule for Detailees.--For purposes of this section, a 
person who is detailed from one department, agency, or other entity to 
another department, agency, or other entity shall, during the period 
such person is detailed, be deemed to be an officer or employee of both 
departments, agencies, or such entities.
    ``(f) Exception for Testimony.--Nothing in this section shall 
prevent an individual from giving testimony under oath, or from making 
statements required to be made under penalty of perjury.''.
    (b) Civil Penalty.--Section 30165(a) of title 49, United States 
Code, as amended by section 205, is further amended by adding at the 
end the following:
            ``(5) Section 30107.--A person who violates section 30107 
        shall be subject to a civil penalty of not more than 
        $55,000.''.
    (c) 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 covered vehicle safety officials.''.

                           TITLE III--FUNDING

SEC. 301. VEHICLE SAFETY USER FEE.

    (a) Amendment.--Subchapter I of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 30108. Vehicle safety user fee
    ``(a) Establishment of Fund.--There is established in the Treasury 
of the United States a separate account for the deposit of fees under 
this section to be known as the Vehicle Safety Fund.
    ``(b) Assessment and Collection of Vehicle Safety Fees.--Beginning 
1 year after the date of enactment of the Motor Vehicle Safety Act of 
2010, the Secretary shall assess and collect, in accordance with this 
section, a vehicle safety user fee from the manufacturer for each motor 
vehicle that is certified as compliant with applicable motor vehicle 
safety standards pursuant to section 30115.
    ``(c) Deposit.--The Secretary shall deposit any fees collected 
pursuant to subsection (b) into the Vehicle Safety Fund established by 
subsection (a).
    ``(d) Use.--Amounts in the Vehicle Safety Fund shall be available 
to the Secretary, as provided in subsection (i), for making 
expenditures to meet the obligations of the United States to carry out 
vehicle safety programs of the National Highway Traffic Safety 
Administration.
    ``(e) Vehicle Safety User Fee.--
            ``(1) First, second, and third year fees.--The fee assessed 
        under this section for the first three years shall be as 
        follows:
                    ``(A) $3 for each vehicle certified during the 
                first year in which such fees are assessed.
                    ``(B) $6 for each vehicle certified during the 
                second year in which such fees are assessed.
                    ``(C) $9 for each vehicle certified during the 
                third year in which such fees are assessed.
            ``(2) Subsequent years.--The fee assessed under this 
        section for each vehicle certified after the third year in 
        which such fees are assessed shall be adjusted by the Secretary 
        by notice published in the Federal Register to reflect the 
        total percentage change that occurred in the Consumer Price 
        Index for all Urban Consumers for the 12 month period ending 
        June 30 preceding the fiscal year for which fees are being 
        established.
            ``(3) Payment.--The Secretary shall require payment of fees 
        under this section on a quarterly basis and not later than one 
        quarter after the date on which the fee was assessed.
    ``(f) Rulemaking.--Not later than 9 months after the date of 
enactment of the Motor Vehicle Safety Act of 2010, the Secretary shall 
promulgate rules governing the collection and payment of fees pursuant 
to this section.
    ``(g) Limitations.--
            ``(1) In general.--Fees under this section shall not be 
        collected for a fiscal year unless appropriations for vehicle 
        safety programs of the National Highway Traffic Safety 
        Administration for such fiscal year (excluding the amount of 
        fees appropriated for such fiscal year) are equal to or greater 
        than the amount of appropriations for vehicle safety programs 
        of the National Highway Traffic Safety Administration for 
        fiscal year 2010.
            ``(2) Authority.--If the Secretary does not assess fees 
        under this section during any portion of a fiscal year because 
        of paragraph (1), the Secretary may assess and collect such 
        fees, without any modification in the rate, at a later date in 
        such fiscal year notwithstanding the provisions of subsection 
        (e)(3) relating to the date fees are to be paid.
    ``(h) Collection of Unpaid Fees.--In any case where the Secretary 
does not receive payment of a fee assessed under this section within 30 
days after it is due, such fee shall be treated as a claim of the 
United States Government subject to subchapter II of chapter 37 of 
title 31.
    ``(i) Authorization of Appropriations.--In addition to funds 
appropriated under section 30104, there is authorized to be 
appropriated from the Vehicle Safety Fund to the Secretary for the 
National Highway Traffic Safety Administration for each fiscal year in 
which fees are collected under subsection (b) an amount equal to the 
total amount collected during the previous fiscal year from fees 
assessed pursuant to this section. Such amounts are authorized to 
remain available until expended.
    ``(j) Crediting and Availability of Fees.--Fees authorized under 
subsection (b) shall be collected and available for obligation only to 
the extent and in the amount provided in advance in appropriations 
Acts.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 30106 the following:

``30108. Vehicle safety user fee.''.

SEC. 302. 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 IV--ENHANCED SAFETY AUTHORITIES

SEC. 401. 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 ``$200,000,000'';
            (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 ``$200,000,000''; and
            (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. This shall include, where appropriate, 
the nature of the defect or noncompliance, 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, the 
appropriateness of such penalty in relation to the size of the business 
of the person charged, recognizing the potential for undue adverse 
economic impacts on small businesses, 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 added 
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 rule pursuant to 
subsection (b).

SEC. 402. IMMINENT HAZARD AUTHORITY.

    (a) In General.--Section 30118(b) of title 49, United States Code, 
is amended by adding at the end the following:
            ``(3) Imminent hazard orders.--If the Secretary of 
        Transportation in making a decision under subsection (a) also 
        initially decides that such defect or noncompliance presents a 
        substantial likelihood of death or serious injury to the 
        public, the Secretary shall notify such manufacturer. The 
        opportunity for the manufacturer to present information, views, 
        and arguments in accordance with paragraph (1) shall be 
        provided as soon as practicable but not later than 10 calendar 
        days after the initial decision. The Secretary shall expedite 
        proceedings for a decision and order under paragraph (1) and 
        shall, as appropriate, issue an imminent hazard order.''.
    (b) Procedures.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall issue procedures for the issuance and 
enforcement of imminent hazard orders under section 30118(b)(3) of 
title 49, United States Code (as added by subsection (a)), consistent 
with the provisions of chapter 301 of such title and the Administrative 
Procedures Act.

                     TITLE V--ADDITIONAL PROVISIONS

SEC. 501. PREEMPTION OF STATE LAW.

    (a) Congressional Authorization Required.--Notwithstanding any 
other provision of law, the Secretary shall not publish a rule pursuant 
to section 30111 of title 49, United States Code, that addresses the 
issue of preemption of State law seeking damages for personal injury, 
death, or property damage unless Congress expressly authorizes the 
Secretary to address such preemption.
    (b) Preemption Language.--Any language addressing the issue of 
preemption contained within regulations issued by the Secretary 
pursuant to section 30111 of title 49, United States Code, during the 
years 2005 through 2008 shall not be considered in determining whether 
any such rule preempts any action under State law seeking damages for 
personal injury, death, or property damage unless Congress expressly 
authorizes the Secretary to address such preemption.
                                                 Union Calendar No. 307

111th CONGRESS

  2d Session

                               H. R. 5381

                          [Report No. 111-536]

_______________________________________________________________________

                                 A BILL

     To require motor vehicle safety standards relating to vehicle 
   electronics and to reauthorize and provide greater transparency, 
 accountability, and safety authority to the National Highway Traffic 
                         Safety Administration.

_______________________________________________________________________

                             July 14, 2010

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed