[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6051 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6051

 To amend certain provisions of title 49, United States Code, relating 
            to motor vehicle safety, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2012

Mrs. Bono Mack introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend certain provisions of title 49, United States Code, relating 
            to motor vehicle safety, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Motor Vehicle Safety Act of 2012''.

SEC. 2. PERMIT REMINDER SYSTEM FOR NON-USE OF SAFETY BELTS.

    (a) In General.--Chapter 301 of title 49, United States Code, is 
amended--
            (1) in section 30122, by striking subsection (d); and
            (2) by amending section 30124 to read as follows:
``Sec. 30124. Nonuse of safety belts
    ``A motor vehicle safety standard prescribed under this chapter may 
not require a manufacturer to comply with the standard by using a 
safety belt interlock designed to prevent starting or operating a motor 
vehicle if an occupant is not using a safety belt.''.
    (b) Conforming Amendment.--The analysis for chapter 301 of title 
49, United States Code, is amended by striking the item relating to 
section 30124 and inserting the following:

``30124. Nonuse of safety belts.''.

SEC. 3. ODOMETER REQUIREMENTS.

    (a) Definition.--Section 32702(5) of title 49, United States Code, 
is amended by inserting ``or system of components'' after 
``instrument''.
    (b) Electronic Disclosures of Odometer Information.--Section 32705 
of title 49, United States Code, is amended by adding at the end the 
following:
    ``(g) Electronic Disclosures.--Not later than 18 months after the 
date of enactment of the Motor Vehicle Safety Act of 2012, in carrying 
out this section, the Secretary shall prescribe regulations permitting 
any written disclosures or notices and related matters to be provided 
electronically.''.

SEC. 4. INCREASED PENALTIES AND DAMAGES FOR ODOMETER FRAUD.

    Chapter 327 of title 49, United States Code, is amended--
            (1) in section 32709(a)(1)--
                    (A) by striking ``$2,000'' and inserting 
                ``$10,000''; and
                    (B) by striking ``$100,000'' and inserting 
                ``$1,000,000''; and
            (2) in section 32710(a), by striking ``$1,500'' and 
        inserting ``$10,000''.

SEC. 5. EXTEND PROHIBITIONS ON IMPORTING NONCOMPLIANT VEHICLES AND 
              EQUIPMENT TO DEFECTIVE VEHICLES AND EQUIPMENT.

    Section 30112 of title 49, United States Code, is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(3) Except as provided in this section, section 30114, 
        subsections (i) and (j) of section 30120, and subchapter III, a 
        person may not sell, offer for sale, introduce or deliver for 
        introduction in interstate commerce, or import into the United 
        States any motor vehicle or motor vehicle equipment if the 
        vehicle or equipment contains a defect related to motor vehicle 
        safety about which notice was given under section 30118(c) or 
        an order was issued under section 30118(b). Nothing in this 
        paragraph may be construed to prohibit the importation of a new 
        motor vehicle that receives a required recall remedy before 
        being sold to a consumer in the United States.''; and
            (2) in subsection (b)(2)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by adding ``or'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(C) having no reason to know, despite exercising 
                reasonable care, that a motor vehicle or motor vehicle 
                equipment contains a defect related to motor vehicle 
                safety about which notice was given under section 
                30118(c) or an order was issued under section 
                30118(b);''.

SEC. 6. CONDITIONS ON IMPORTATION OF VEHICLES AND EQUIPMENT.

    Chapter 301 of title 49, United States Code, is amended--
            (1) in the chapter analysis, by striking the item relating 
        to section 30164 and inserting the following:

``30164. Service of process; conditions on importation of vehicles and 
                            equipment.'';
        and
            (2) in section 30164--
                    (A) in the section heading, by adding ``; 
                conditions on importation of vehicles and equipment'' 
                at the end; and
                    (B) by adding at the end the following:
    ``(c) Identifying Information.--A manufacturer (including an 
importer) offering a motor vehicle or motor vehicle equipment for 
import shall provide, upon request, such information that is necessary 
to identify and track the products as the Secretary, by rule, may 
specify, including--
            ``(1) the product by name and the manufacturer's address; 
        and
            ``(2) each retailer or distributor to which the 
        manufacturer directly supplied motor vehicles or motor vehicle 
        equipment over which the Secretary has jurisdiction under this 
        chapter.
    ``(d) Regulations on the Import of a Motor Vehicle.--The Secretary 
may issue regulations that--
            ``(1) condition the import of a motor vehicle or motor 
        vehicle equipment on the manufacturer's compliance with--
                    ``(A) the requirements under this section;
                    ``(B) paragraph (1) or (3) of section 30112(a) with 
                respect to such motor vehicle or motor vehicle 
                equipment;
                    ``(C) the provision of reports and records required 
                to be maintained with respect to such motor vehicle or 
                motor vehicle equipment under this chapter;
                    ``(D) a request for inspection of premises, 
                vehicle, or equipment under section 30166;
                    ``(E) an order or voluntary agreement to remedy 
                such vehicle or equipment; or
                    ``(F) any rules implementing the requirements 
                described in this subsection;
            ``(2) provide an opportunity for the manufacturer to 
        present information before the Secretary's determination as to 
        whether the manufacturer's imports should be restricted; and
            ``(3) establish a process by which a manufacturer may 
        petition for reinstatement of its ability to import motor 
        vehicles or motor vehicle equipment.
    ``(e) Exception.--The requirements of subsections (c) and (d) shall 
not apply to original manufacturers (or wholly owned subsidiaries) of 
motor vehicles that, prior to the date of enactment of the Motor 
Vehicle Safety Act of 2012--
            ``(1) have imported motor vehicles into the United States 
        that are certified to comply with all applicable Federal motor 
        vehicle safety standards;
            ``(2) have submitted to the Secretary appropriate 
        manufacturer identification information under part 566 of title 
        49, Code of Federal Regulations; and
            ``(3) if applicable, have identified a current agent for 
        service of process in accordance with part 551 of title 49, 
        Code of Federal Regulations.
    ``(f) Rulemaking.--In issuing regulations under this section, the 
Secretary shall seek to reduce duplicative requirements by coordinating 
with the Department of Homeland Security.''.

SEC. 7. PORT INSPECTIONS; SAMPLES FOR EXAMINATION OR TESTING.

    Section 30166(c) of title 49, United States Code, is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by inserting ``(including 
                at United States ports of entry)'' after ``held for 
                introduction in interstate commerce''; and
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) shall enter into a memorandum of understanding with 
        the Secretary of Homeland Security for inspections and sampling 
        of motor vehicle equipment being offered for import to 
        determine compliance with this chapter or a regulation or order 
        issued under this chapter.''.

SEC. 8. PUBLIC AVAILABILITY OF RECALL INFORMATION.

    (a) Vehicle Recall Information.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transportation shall 
require that the motor vehicle safety recall information--
            (1) be available to the public on the Internet;
            (2) be searchable by vehicle make and model and vehicle 
        identification number;
            (3) be in a format that preserves consumer privacy; and
            (4) includes information about each recall that has not 
        been completed for each vehicle.
    (b) Rulemaking.--The Secretary of Transportation may initiate a 
rulemaking proceeding to require each manufacturer to provide the 
information described in subsection (a), with respect to that 
manufacturer's motor vehicles, on a publicly accessible Internet Web 
site. Any rules promulgated under this subsection--
            (1) shall limit the information that must be made available 
        under this section to include only those recalls issued not 
        more than 15 years prior to the date of enactment of this Act;
            (2) may require information under paragraph (1) to be 
        provided to a dealer or an owner of a vehicle at no charge; and
            (3) shall permit a manufacturer a reasonable period of time 
        after receiving information from a dealer with respect to a 
        vehicle to update the information about the vehicle on the 
        publicly accessible Internet Web site.
    (c) Promotion of Availability of Recall Information.--The Secretary 
of Transportation, in consultation with the heads of other relevant 
agencies, shall promote consumer awareness of the information made 
available to the public pursuant to this section.

SEC. 9. PROMOTION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
              HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC PERSONNEL.

    The Secretary of Transportation shall publicize the means for 
contacting the National Highway Traffic Safety Administration in a 
manner that target mechanics, passenger motor vehicle dealership 
personnel, and manufacturer personnel.

SEC. 10. PUBLIC AVAILABILITY OF COMMUNICATIONS WITH DEALERS.

    Section 30166(f) of title 49, United States Code, is amended--
            (1) by striking ``A manufacturer shall give the Secretary 
        of Transportation'' and inserting the following:
            ``(1) In general.--A manufacturer shall give the Secretary 
        of Transportation, and the Secretary shall make available on a 
        publicly accessible Internet Web site,''; and
            (2) by adding at the end the following:
            ``(2) Index.--Communications required to be submitted to 
        the Secretary under this subsection shall be accompanied by an 
        index to each communication, that--
                    ``(A) identifies the make, model, and model year of 
                the affected vehicles;
                    ``(B) includes a concise summary of the subject 
                matter of the communication; and
                    ``(C) shall be made available by the Secretary to 
                the public on the Internet in a searchable format.''.

SEC. 11. PASSENGER MOTOR VEHICLE INFORMATION PROGRAM.

    (a) Definition.--Section 32301 of title 49, United States Code, is 
amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively;
            (2) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) `crash avoidance' means preventing or mitigating a 
        crash;''; and
            (3) in paragraph (2), as redesignated, by striking the 
        period at the end and inserting ``; and''.
    (b) Information Included.--Section 32302(a) of title 49, United 
States Code, is amended--
            (1) in paragraph (2), by inserting ``, crash avoidance, and 
        any other areas the Secretary determines will improve the 
        safety of passenger motor vehicles'' after ``crashworthiness''; 
        and
            (2) by striking paragraph (4).

SEC. 12. 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.--Not later than 1 year after the 
        date of enactment of the Motor Vehicle Safety Act of 2012, the 
        Secretary shall prescribe regulations that require passenger 
        motor vehicle manufacturers--
                    ``(A) to affix, in the glove compartment or in 
                another readily accessible location on the vehicle, a 
                sticker, decal, or other device that provides, in 
                simple and understandable language, information about 
                how to submit a safety-related motor vehicle defect 
                complaint to the National Highway Traffic Safety 
                Administration;
                    ``(B) to prominently print the information 
                described in subparagraph (A) within the owner's 
                manual; and
                    ``(C) to not place such information on the label 
                required under section 3 of the Automobile Information 
                Disclosure Act (15 U.S.C. 1232).
            ``(2) Application.--The requirements under paragraph (1) 
        shall apply to passenger motor vehicles manufactured in any 
        model year beginning more than 1 year after the date on which a 
        final rule is published under paragraph (1).''.

SEC. 13. STUDY OF CRASH DATA COLLECTION.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall submit a report to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Energy and Commerce of the House of 
Representatives regarding the quality of data collected through the 
National Automotive Sampling System, including the Special Crash 
Investigations Program.
    (b) Review.--The Administrator of the National Highway Traffic 
Safety Administration (referred to in this section as the 
``Administration'') shall conduct a comprehensive review of the data 
elements collected from each crash to determine if additional data 
should be collected. The review under this subsection shall include 
input from interested parties, including suppliers, automakers, safety 
advocates, the medical community, and research organizations.
    (c) Contents.--The report issues under this section shall include--
            (1) the analysis and conclusions the Administration can 
        reach from the amount of motor vehicle crash data collected in 
        a given year;
            (2) the additional analysis and conclusions the 
        Administration could reach if more crash investigations were 
        conducted each year;
            (3) the number of investigations per year that would allow 
        for optimal data analysis and crash information;
            (4) the results of the comprehensive review conducted 
        pursuant to subsection (b);
            (5) the incremental costs of collecting and analyzing 
        additional data, as well as data from additional crashes;
            (6) the potential for obtaining private funding for all or 
        a portion of the costs under paragraph (5);
            (7) the potential for recovering any additional costs from 
        high volume users of the data, while continuing to make the 
        data available to the general public free of charge;
            (8) the advantages or disadvantages of expanding collection 
        of non-crash data instead of crash data;
            (9) recommendations for improvements to the 
        Administration's data collection program; and
            (10) the resources needed by the Administration to 
        implement such recommendations.

SEC. 14. UPDATE MEANS OF PROVIDING NOTIFICATION; IMPROVING EFFICACY OF 
              RECALLS.

    (a) Update of Means of Providing Notification.--Section 30119(d) of 
title 49, United States Code, is amended--
            (1) in paragraph (1), by striking ``by first class mail'' 
        and inserting ``in the manner prescribed by the Secretary, by 
        regulation'';
            (2) in paragraph (2)--
                    (A) by striking ``(except a tire) shall be sent by 
                first class mail'' and inserting ``shall be sent in the 
                manner prescribed by the Secretary, by regulation''; 
                and
                    (B) by striking the second sentence;
            (3) in paragraph (3)--
                    (A) by striking the first sentence;
                    (B) by inserting ``to the notification required 
                under paragraphs (1) and (2)'' after ``addition''; and
                    (C) by inserting ``by the manufacturer'' after 
                ``given''; and
            (4) in paragraph (4), by striking ``by certified mail or 
        quicker means if available'' and inserting ``in the manner 
        prescribed by the Secretary, by regulation''.
    (b) Improving Efficacy of Recalls.--Section 30119(e) of title 49, 
United States Code, is amended--
            (1) in the subsection heading, by striking ``Second'' and 
        inserting ``Additional'';
            (2) by striking ``If the Secretary'' and inserting the 
        following:
            ``(1) Second notification.--If the Secretary''; and
            (3) by adding at the end the following:
            ``(2) Additional notifications.--If the Secretary 
        determines, after taking into account the severity of the 
        defect or noncompliance, that the second notification by a 
        manufacturer does not result in an adequate number of motor 
        vehicles or items of replacement equipment being returned for 
        remedy, the Secretary may order the manufacturer--
                    ``(A)(i) to send additional notifications in the 
                manner prescribed by the Secretary, by regulation; or
                    ``(ii) to take additional steps to locate and 
                notify each person registered under State law as the 
                owner or lessee or the most recent purchaser or lessee, 
                as appropriate; and
                    ``(B) to emphasize the magnitude of the safety risk 
                caused by the defect or noncompliance in such 
                notification.''.

SEC. 15. EXPANDING CHOICES OF REMEDY AVAILABLE TO MANUFACTURERS OF 
              REPLACEMENT EQUIPMENT.

    Section 30120 of title 49, United States Code, is amended--
            (1) in subsection (a)(1), by amending subparagraph (B) to 
        read as follows:
                    ``(B) if replacement equipment, by repairing the 
                equipment, replacing the equipment with identical or 
                reasonably equivalent equipment, or by refunding the 
                purchase price.'';
            (2) in the heading of subsection (i), by adding ``of New 
        Vehicles or Equipment'' at the end; and
            (3) in the heading of subsection (j), by striking 
        ``Replaced'' and inserting ``Replacement''.

SEC. 16. RECALL OBLIGATIONS AND BANKRUPTCY OF MANUFACTURER.

    (a) In General.--Chapter 301 of title 49, United States Code, is 
amended by inserting the following after section 30120:
``Sec. 30120A. Recall obligations and bankruptcy of a manufacturer
    ``A manufacturer's filing of a petition in bankruptcy under chapter 
11 of title 11, does not negate the manufacturer's duty to comply with 
section 30112 or sections 30115 through 30120 of this title. In any 
bankruptcy proceeding, the manufacturer's obligations under such 
sections shall be treated as a claim of the United States Government 
against such manufacturer, subject to subchapter II of chapter 37 of 
title 31, United States Code, and given priority pursuant to section 
3713(a)(1)(A) of such chapter, notwithstanding section 3713(a)(2), to 
ensure that consumers are adequately protected from any safety defect 
or noncompliance determined to exist in the manufacturer's products. 
This section shall apply equally to actions of a manufacturer taken 
before or after the filing of a petition in bankruptcy.''.
    (b) Conforming Amendment.--The chapter analysis of chapter 301 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 30120 the following:

``30120A. Recall obligations and bankruptcy of a manufacturer.''.

SEC. 17. REPEAL OF INSURANCE REPORTS AND INFORMATION PROVISION.

    Chapter 331 of title 49, United States Code, is amended--
            (1) in the chapter analysis, by striking the item relating 
        to section 33112; and
            (2) by striking section 33112.

SEC. 18. MONRONEY STICKER TO PERMIT ADDITIONAL SAFETY RATING 
              CATEGORIES.

    Section 3(g)(2) of the Automobile Information Disclosure Act (15 
U.S.C. 1232(g)(2)), is amended by inserting ``safety rating categories 
that may include'' after ``refers to''.

SEC. 19. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ELECTRONICS, 
              SOFTWARE, AND ENGINEERING EXPERTISE.

    (a) Council for Vehicle Electronics, Vehicle Software, and Emerging 
Technologies.--
            (1) In general.--The Secretary of Transportation shall 
        establish, within the National Highway Traffic Safety 
        Administration, a Council for Vehicle Electronics, Vehicle 
        Software, and Emerging Technologies (referred to in this 
        section as the ``Council'') to build, integrate, and aggregate 
        the Administration's expertise in passenger motor vehicle 
        electronics and other new and emerging technologies.
            (2) Implementation of roadmap.--The Council shall research 
        the inclusion of emerging lightweight plastic and composite 
        technologies in motor vehicles to increase fuel efficiency, 
        lower emissions, meet fuel economy standards, and enhance 
        passenger motor vehicle safety through continued utilization of 
        the Administration's Plastic and Composite Intensive Vehicle 
        Safety Roadmap (Report No. DOT HS 810 863).
            (3) Intra-agency coordination.--The Council shall 
        coordinate with all components of the Administration 
        responsible for vehicle safety, including research and 
        development, rulemaking, and defects investigation.
    (b) Honors Recruitment Program.--
            (1) Establishment.--The Secretary of Transportation shall 
        establish, within the National Highway Traffic Safety 
        Administration, an honors program for engineering students, 
        computer science students, and other students interested in 
        vehicle safety that will enable such students to train with 
        engineers and other safety officials for a career in vehicle 
        safety.
            (2) Stipend.--The Secretary of Transportation is authorized 
        to provide a stipend to any student during the student's 
        participation in the program established pursuant to paragraph 
        (1).
    (c) Assessment.--The Council, in consultation with affected 
stakeholders, shall periodically assess the implications of emerging 
safety technologies in passenger motor vehicles, including the effect 
of such technologies on consumers, product availability, and cost.

SEC. 20. ELECTRONIC SYSTEMS PERFORMANCE.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Transportation shall complete an 
examination of the need for safety standards with regard to electronic 
systems in passenger motor vehicles. In conducting this examination, 
the Secretary of Transportation shall--
            (1) consider the electronic components, the interaction of 
        electronic components, the security needs for those electronic 
        systems to prevent unauthorized access, and the effect of 
        surrounding environments on the electronic systems; and
            (2) allow for public comment.
    (b) Report.--Upon completion of the examination under subsection 
(a), the Secretary of Transportation shall submit a report on the 
highest priority areas for safety with regard to the electronic systems 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Energy and Commerce of the House of 
Representatives.

SEC. 21. CHILD SAFETY SEATS.

    (a) Side Impact Crashes.--Not later than 2 years after the date of 
enactment of this Act, the Secretary of Transportation shall issue a 
final rule amending Federal Motor Vehicle Safety Standard Number 213 to 
improve the protection of children seated in child restraint systems 
during side impact crashes.
    (b) Frontal Impact Test Parameters.--
            (1) Commencement.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        commence a rulemaking proceeding to amend the standard seat 
        assembly specifications under Federal Motor Vehicle Safety 
        Standard Number 213 to better simulate a single representative 
        motor vehicle rear seat.
            (2) Final rule.--Not later than 4 years after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        issue a final rule pursuant to paragraph (1).

SEC. 22. CHILD RESTRAINT ANCHORAGE SYSTEMS.

    (a) Initiation of Rulemaking Proceeding.--Not later than 1 year 
after the date of enactment of this Act, the Secretary of 
Transportation shall initiate a rulemaking proceeding to amend Federal 
Motor Vehicle Safety Standard Number 225 (relating to child restraint 
anchorage systems) to improve the ease of use for lower anchorages and 
tethers in all rear seat seating positions if such anchorages and 
tethers are feasible.
    (b) Final Rule.--
            (1) In general.--Except as provided under paragraph (2) and 
        section 24, the Secretary of Transportation shall issue a final 
        rule under subsection (a) not later than 3 years after the date 
        of enactment of this Act.
            (2) Report.--If the Secretary of Transportation determines 
        that an amendment to the standard referred to in subsection (a) 
        does not meet the requirements and considerations set forth in 
        subsections (a) and (b) of section 30111 of title 49, United 
        States Code, the Secretary of Transportation shall submit a 
        report describing the reasons for not prescribing such a 
        standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.

SEC. 23. REAR SEAT BELT REMINDERS.

    (a) Initiation of Rulemaking Proceeding.--Not later than 2 years 
after the date of enactment of this Act, the Secretary of 
Transportation shall initiate a rulemaking proceeding to amend Federal 
Motor Vehicle Safety Standard Number 208 (relating to occupant crash 
protection) to provide a safety belt use warning system for designated 
seating positions in the rear seat.
    (b) Final Rule.--
            (1) In general.--Except as provided under paragraph (2) and 
        section 24, the Secretary of Transportation shall issue a final 
        rule under subsection (a) not later than 3 years after the date 
        of enactment of this Act.
            (2) Report.--If the Secretary of Transportation determines 
        that an amendment to the standard referred to in subsection (a) 
        does not meet the requirements and considerations set forth in 
        subsections (a) and (b) of section 30111 of title 49, United 
        States Code, the Secretary of Transportation shall submit a 
        report describing the reasons for not prescribing such a 
        standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.

SEC. 24. NEW DEADLINE.

    If the Secretary of Transportation determines that any deadline for 
issuing a final rule under this Act cannot be met, the Secretary of 
Transportation shall--
            (1) provide the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives with an explanation 
        for why such deadline cannot be met; and
            (2) establish a new deadline for that rule.
                                 <all>