[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2559 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2559

 To provide greater transparency, accountability, and safety authority 
 to the National Highway Traffic Safety Administration, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2014

Mr. Rockefeller introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To provide greater transparency, accountability, and safety authority 
 to the National Highway Traffic Safety Administration, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Motor Vehicle 
Safety Act of 2014''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
                TITLE I--TRANSPARENCY AND ACCOUNTABILITY

Sec. 101. Public availability of early warning data.
Sec. 102. Improved NHTSA vehicle safety database.
Sec. 103. Corporate responsibility for NHTSA reports.
Sec. 104. Reports to Congress.
Sec. 105. Anti-revolving door.
                           TITLE II--FUNDING

Sec. 201. Vehicle safety user fee.
Sec. 202. Authorization of appropriations.
                 TITLE III--ENHANCED SAFETY AUTHORITIES

Sec. 301. Civil penalties.
Sec. 302. Imminent hazard authority.
Sec. 303. Used passenger motor vehicle consumer protection.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of 
Transportation, acting through the Administrator of the National 
Highway Traffic Safety Administration.

                TITLE I--TRANSPARENCY AND ACCOUNTABILITY

SEC. 101. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

    (a) In General.--Section 30166(m) of title 49, United States Code, 
is amended--
            (1) by striking clause (ii) in paragraph (3)(A) and 
        inserting the following:
                            ``(ii) customer satisfaction campaigns, 
                        customer advisories, recalls, consumer 
                        complaints, warranty claims, field reports, 
                        technical service bulletins, or other activity 
                        involving the repair or replacement of motor 
                        vehicles or motor vehicle equipment.''; and
            (2) by striking subparagraph (C) of paragraph (4) and 
        inserting the following:
                    ``(C) Disclosure.--The information provided to the 
                Secretary pursuant to this subsection shall be 
                disclosed publicly unless exempt from disclosure under 
                section 552(b) of title 5.''.
    (b) Regulations.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall issue regulations 
establishing categories of information provided to the Secretary 
pursuant to section 30166(m) of title 49, United States Code that must 
be made available to the public. The Secretary may establish categories 
of information that are exempt from public disclosure under section 
552(b) of title 5, United States Code.
    (c) Consultation.--In conducting the rulemaking required under 
subsection (b), the Secretary shall consult with the Director of the 
Office of Government Information Services within the National Archives 
and the Director of the Office of Information Policy of the Department 
of Justice.
    (d) Presumption and Limitation.--The Secretary shall issue the 
regulations with a presumption in favor of maximum public availability 
of information. In issuing regulations under subsection (b), the 
following types of information shall presumptively not be eligible for 
protection under section 552(b) of title 5, United States Code:
            (1) Vehicle safety defect information related to incidents 
        involving death or injury.
            (2) Aggregated numbers of property damage claims.
            (3) Aggregated numbers of consumer complaints related to 
        potential vehicle defects.
    (e) Nullification of Prior Regulations.--Beginning 2 years after 
the date of enactment of this Act, the regulations establishing early 
warning reporting class determinations in Appendix C of part 512 of 
title 49, Code of Federal Regulations, shall have no force or effect.

SEC. 102. IMPROVED NHTSA VEHICLE SAFETY DATABASE.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary shall improve public accessibility to information on the 
National Highway Traffic Safety Administration's publicly accessible 
vehicle safety databases by--
            (1) improving organization and functionality, including 
        modern web design features, and allowing for data to be 
        searched, aggregated, and downloaded;
            (2) providing greater consistency in presentation of 
        vehicle safety issues; and
            (3) improving searchability about specific vehicles and 
        issues through standardization of commonly used search terms.

SEC. 103. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.

    Section 30166(o) of title 49, United States Code, is amended--
            (1) in paragraph (1), by striking ``may'' and inserting 
        ``shall''; and
            (2) by adding at the end the following:
            ``(3) Deadline.--Not later than 1 year after the date of 
        enactment of the Motor Vehicle Safety Act of 2014, the 
        Secretary shall issue a final rule under paragraph (1).''.

SEC. 104. REPORTS TO CONGRESS.

    (a) Study on Early Warning Data.--Not later than 3 years after the 
date of enactment of this Act, and biennially thereafter for 6 years, 
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 (referred to in this 
section as ``NHTSA''). Each study shall evaluate the following:
            (1) The number and type of requests for information made by 
        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 NHTSA through the early 
        warning reporting system.
            (3) The nature and vehicle defect category of each safety 
        defect investigation described in paragraph (2).
            (4) The number of safety defect investigations described in 
        paragraph (2) that are subsequently closed without further 
        action.
            (5) The duration of each safety defect investigation 
        described in paragraph (2).
            (6) The percentage of the safety defect investigations 
        described in paragraph (2) that result in a finding of a safety 
        defect or recall by NHTSA.
            (7) Other information the Office of the Inspector General 
        considers appropriate.
    (b) Report on Operations of the Council for Vehicle Electronics, 
Vehicle Software, and Emerging Technologies.--Not later than 6 months 
after the date of enactment of this Act, the Secretary shall prepare a 
report regarding the operations of the Council for Vehicle Electronics, 
Vehicle Software, and Emerging Technologies. The report shall include 
information about the accomplishments of the Council, the role the 
Council plays in integrating and aggregating expertise across NHTSA, 
and the priorities of the Council over the next 5 years.
    (c) Submission of Reports.--Each study described in subsection (a) 
and the report described in subsection (b) shall be submitted upon 
completion to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Energy and Commerce of the House of 
Representatives.

SEC. 105. ANTI-REVOLVING DOOR.

    (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.--During the 2-year period after the termination 
of his or her service or employment, a covered vehicle safety official 
may not knowingly make, with the intent to influence, any communication 
to or appearance before any officer or employee of the National Highway 
Traffic Safety Administration on behalf of any manufacturer subject to 
regulation under this chapter in connection with any matter involving 
motor vehicle safety on which such person seeks official action by any 
officer or employee of the National Highway Traffic Safety 
Administration.
    ``(b) Manufacturers.--It is unlawful for any manufacturer or other 
person subject to regulation under this chapter to employ or contract 
for the services of an individual to whom subsection (a) applies during 
the 2-year period commencing on the individual's termination of 
employment with the National Highway Traffic Safety Administration in a 
capacity in which the individual is prohibited from serving during that 
period.
    ``(c) Special Rule for Detailees.--For purposes of this section, a 
person who is detailed from 1 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.
    ``(d) Savings Provision.--Nothing in this section may be construed 
to expand, contract, or otherwise affect the application of any waiver 
or criminal penalties under section 207 of title 18.
    ``(e) Exception for Testimony.--Nothing in this section may be 
construed to prevent an individual from giving testimony under oath, or 
from making statements required to be made under penalty of perjury.
    ``(f) Defined Term.--In this section, the term `covered vehicle 
safety official' means any officer or employee of the National Highway 
Traffic Safety Administration--
            ``(1) who, during 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
            ``(2) who serves in a supervisory or management capacity 
        over an officer or employee described in paragraph (1).
    ``(g) Effective Date.--This section shall apply to covered vehicle 
safety officials who terminate service or employment with the National 
Highway Traffic Safety Administration after the date of enactment of 
the Motor Vehicle Safety Act of 2014.''.
    (b) Civil Penalty.--Section 30165(a) of title 49, United States 
Code, is amended by adding at the end the following:
            ``(5) Improper influence.--
                    ``(A) In general.--An individual who violates 
                section 30107(a) is liable to the United States 
                Government for a civil penalty, as determined under 
                section 216(b) of title 18, for an offense under 
                section 207 of that title.
                    ``(B) Manufacturers.--A manufacturer or other 
                person subject to regulation under this chapter who 
                violates section 30107(b) is liable to the United 
                States Government for a civil penalty equal to the sum 
                of--
                            ``(i) an amount equal to not less than 
                        $100,000; and
                            ``(ii) an amount equal to 90 percent of the 
                        annual compensation or fee paid or payable to 
                        the individual with respect to whom the 
                        violation occurred.''.
    (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 II--FUNDING

SEC. 201. VEHICLE SAFETY USER FEE.

    (a) Amendment.--Subchapter I of chapter 301 of title 49, United 
States Code, as amended by section 105(a), is further 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 
2014, 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 under section 30115.
    ``(c) Deposit.--The Secretary shall deposit any fees collected 
under 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 3 years shall be as follows:
                    ``(A) $3 for each motor vehicle certified during 
                the first year in which such fees are assessed.
                    ``(B) $6 for each motor vehicle certified during 
                the second year in which such fees are assessed.
                    ``(C) $9 for each motor vehicle certified during 
                the third year in which such fees are assessed.
            ``(2) Subsequent years.--The fee assessed under this 
        section for each motor 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 2014, the Secretary shall 
promulgate rules governing the collection and payment of fees under 
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 that fiscal year (excluding the amount of 
        fees appropriated for that 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 2014.
            ``(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 the 
        fees, without any modification in the rate, at a later date in 
        that fiscal year notwithstanding subsection (e)(3).
    ``(h) Collection of Unpaid Fees.--If the Secretary does not receive 
payment of a fee assessed under this section within 30 days after it is 
due, the 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 
authorized to be 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 under 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 table of contents for chapter 301 of 
title 49, United States Code, as amended by section 108(e), is further 
amended by inserting after the item relating to section 30107 the 
following:

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

SEC. 202. 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 in fiscal 
        year 1999 and ending in fiscal year 2011.'' and inserting the 
        following: ``and to carry out the Motor Vehicle Safety Act of 
        2014--
            ``(1) $200,000,000 for fiscal year 2015;
            ``(2) $240,000,000 for fiscal year 2016; and
            ``(3) $280,000,000 for fiscal year 2017.''.

                 TITLE III--ENHANCED SAFETY AUTHORITIES

SEC. 301. 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) by striking the third sentence; and
            (2) in subsection (a)(3)--
                    (A) in the second sentence by striking ``$5,000'' 
                and inserting ``$25,000''; and
                    (B) by striking the third sentence.
    (b) Construction.--Nothing in this section shall be construed as 
preventing the imposition of penalties under section 30165 of title 49, 
United States Code, prior to the issuance of a final rule under section 
31203(b) of the Moving Ahead for Progress in the 21st Century Act (49 
U.S.C. 30165 note).

SEC. 302. IMMINENT HAZARD AUTHORITY.

    (a) In General.--Section 30118 of title 49, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``(1) The 
                Secretary may'' and inserting ``(1) In general.--Except 
                as provided under paragraph (3), the Secretary may'';
                    (B) in paragraph (2), by inserting ``Orders.--'' 
                before ``If the Secretary''; and
                    (C) by adding after paragraph (2) the following:
            ``(3) Imminent hazards.--
                    ``(A) Decisions and orders.--If the Secretary 
                decides that a defect or noncompliance, or combination 
                of both, under subsection (a) presents an imminent 
                hazard, the Secretary--
                            ``(i) shall notify the manufacturer of a 
                        motor vehicle or replacement equipment 
                        immediately under subsection (a); and
                            ``(ii) shall order the manufacturer of the 
                        motor vehicle or replacement equipment to 
                        immediately--
                                    ``(I) give notification under 
                                section 30119 of this title to the 
                                owners, purchasers, and dealers of the 
                                vehicle or equipment of the imminent 
                                hazard; and
                                    ``(II) remedy the defect or 
                                noncompliance under section 30120 of 
                                this title;
                            ``(iii) notwithstanding section 30119 or 
                        30120, may order the time for notification, 
                        means of providing notification, earliest 
                        remedy date, and time the owner or purchaser 
                        has to present the motor vehicle or equipment, 
                        including a tire, for remedy; and
                            ``(iv) may include in an order under this 
                        subparagraph any other terms or conditions that 
                        the Secretary determines necessary to abate the 
                        imminent hazard.
                    ``(B) Opportunity for administrative review.--
                Subsequent to the issuance of an order under 
                subparagraph (A), opportunity for administrative review 
                shall be provided in accordance with section 554 of 
                title 5, except that such review shall occur not later 
                than 10 days after issuance of such order.
                    ``(C) Definition of imminent hazard.--In this 
                paragraph, the term `imminent hazard' means any 
                condition which substantially increases the likelihood 
                of serious injury or death if not remedied 
                immediately.''; and
            (2) in subsection (c), by inserting ``or electronic mail'' 
        after ``certified mail''.

SEC. 303. USED PASSENGER MOTOR VEHICLE CONSUMER PROTECTION.

    (a) In General.--Section 30120 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(k) Limitation on Sale or Lease of Used Passenger Motor 
Vehicles.--
            ``(1) A dealer may not sell or lease a used passenger motor 
        vehicle until--
                    ``(A) the dealer clearly and conspicuously notifies 
                the purchaser or lessee, in writing, of any 
                notifications of a defect or noncompliance under 
                section 30118(b) or section 30118(c) of this title with 
                respect to the used passenger motor vehicle that have 
                not been remedied; and
                    ``(B) the purchaser or lessee acknowledges, in 
                writing, the receipt of the notification under 
                subparagraph (A).
            ``(2) Paragraph (1) shall not apply if--
                    ``(A) the defect or noncompliance is remedied under 
                section 30120 of this title before delivery under the 
                sale or lease; or
                    ``(B) notification of the defect or noncompliance 
                is required under section 30118(b), but enforcement of 
                the order is set aside in a civil action to which 
                30121(d) applies.
            ``(3) This subsection shall not apply to a dealer if the 
        recall information regarding a used passenger motor vehicle was 
        not accessible at the time of sale or lease using the means 
        established by the Secretary under section 31301 of the Moving 
        Ahead for Progress in the 21st Century Act (49 U.S.C. 30166 
        note).
            ``(4) In this subsection, notwithstanding section 
        30102(a)(1) of this title--
                    ``(A) the term `dealer' means a person that has 
                sold at least 10 motor vehicles to 1 or more consumers 
                during the prior 12 months; and
                    ``(B) the term `used passenger motor vehicle' means 
                a motor vehicle that has previously been purchased 
                other than for resale.
            ``(5) By rule, the Secretary may exempt the auctioning of a 
        used passenger motor vehicle from the requirements of this 
        section to the extent that the exemption does not harm public 
        safety.''.
    (b) Effective Date.--This section shall take effect 18 months after 
the date of enactment of this Act.
                                 <all>