IB 

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] 


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Motor Vehicle Safety Act of 2010’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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1 SEC. 2. DEFINITIONS. 

2 As used in this Act, the following definitions apply: 

3 (1) The term ‘‘passenger motor vehicle’’ means a 

4 motor vehicle (as defined in section 30102(a)(6) of 

5 title 49, United States Code) that is rated at less than 

6 10,000 pounds gross vehicular weight. Such term does 

7 not include— 

8 (A) a motorcycle; 

9 (B) a trailer; or 

10 (C) a low speed vehicle (as defined in sec11 tion 571.3 in title 49, Code of Federal Regula12 tions). 

13 (2) The term ‘‘Secretary’’ means the Secretary of 

14 Transportation, acting through the Administrator of 

15 the National Highway Traffic Safety Administration. 

16 TITLE I—VEHICLE ELECTRONICS 

17 AND SAFETY STANDARDS 

18 SEC. 101. ELECTRONICS AND ENGINEERING EXPERTISE. 

19 (a) CENTER FOR VEHICLE ELECTRONICS AND EMERG20 ING TECHNOLOGIES.— 

21 (1) IN GENERAL.—The Secretary shall establish, 

22 within the National Highway Traffic Safety Admin23 istration, a Center for Vehicle Electronics and Emerg24 ing Technologies. The Center shall— 


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1 (A) build, integrate, and aggregate the 

2 agency’s expertise in vehicle electronics and other 

3 new and emerging technologies; 

4 (B) coordinate with all components of the 

5 agency responsible for vehicle safety, including 

6 research and development, rulemaking, and de7 fects investigation; and 

8 (C) conduct research into the use of light9 weight materials in vehicles, including through 

10 the implementation of the Plastic and Composite 

11 Intensive Vehicle Safety Roadmap (Report No. 

12 DOT HS 810 863). 

13 (2) LIMITATION.—Not more than 20 percent of 

14 the funds spent by the Center in a given year may 

15 be spent for the purposes described in paragraph 

16 (1)(C). 

17 (b) HONORS RECRUITMENT PROGRAM.— 

18 (1) ESTABLISHMENT.—The Secretary shall estab19 lish, within the National Highway Traffic Safety Ad20 ministration, an honors program for engineering stu21 dents and other students interested in vehicle safety 

22 that will enable them to train with engineers and 

23 other safety officials for a career in vehicle safety. The 

24 Secretary is authorized to provide a stipend to stu25 dents during their participation in the program. 


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1 (2) TARGETED STUDENT.—The Secretary shall 

2 develop a plan to target and make an aggressive out3 reach to recruit the top 10 percent of science, tech4 nology, engineering and mathematics students attend5 ing— 

6 (A) 1890 Land Grant Institutions (as de7 fined in section 2 of the Agricultural Research, 

8 Extension, and Education Reform Act of 1998 (7 

9 U.S.C. 7061)); 

10 (B) Predominantly Black Institutions (as 

11 defined in section 318 of the Higher Education 

12 Act of 1965 (20 U.S.C. 1059e)); 

13 (C) Tribal Colleges or Universities (as de14 fined in section 316(b) of the Higher Education 

15 Act of 1965 (20 U.S.C. 1059c(b))); and 

16 (D) Hispanic Serving Institutions (as de17 fined in section 318 of the Higher Education Act 

18 of 1965 (20 U.S.C. 059e)). 

19 SEC. 102. BRAKE OVERRIDE STANDARD. 

20 (a) UNINTENDED ACCELERATION.—The Secretary 

21 shall initiate a rulemaking proceeding pursuant to section 

22 30111 of title 49, United States Code, to prescribe or amend 

23 a Federal motor vehicle safety standard that would mitigate 

24 unintended acceleration in passenger motor vehicles. The 

25 standard— 


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1 (1) shall establish performance requirements that 

2 enable a driver to bring a passenger motor vehicle 

3 safely to a full stop by normal braking application 

4 even if the vehicle is simultaneously receiving accel5 erator input signals; 

6 (2) may permit compliance with such require7 ments through a smart pedal system that requires 

8 brake pedal application, after a period of time deter9 mined by the Secretary, to override an accelerator 

10 input signal in order to stop the vehicle; and 

11 (3) may permit vehicles to incorporate a means 

12 by which the driver would be able to temporarily dis13 engage the technology or mechanism required under 

14 paragraph (1) to facilitate operations, such as ma15 neuvering trailers, or other operating conditions, that 

16 may require the simultaneous operation of the service 

17 brake and accelerator pedal. 

18 (b) DEADLINE.—The Secretary shall issue a final rule 

19 under subsection (a) within 1 year after the date of enact20 ment of this Act. 

21 SEC. 103. ACCELERATOR CONTROL SYSTEMS. 

22 (a) IN GENERAL.—The Secretary shall initiate a rule23 making proceeding to amend Federal motor vehicle safety 

24 standard 124 to require that at least 1 redundant circuit 

25 or other mechanism be built into accelerator control sysVerDate Mar 15 2010 20:36 Jul 14, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H5381.RH H5381

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1 tems, including systems controlled by electronic throttle, to 

2 maintain vehicle control in the event of failure or malfunc3 tion in the accelerator control system. 

4 (b) DEADLINE.—The Secretary shall issue a final rule 

5 under subsection (a) within 2 years after the date of enact6 ment of this Act. 

7 (c) COMBINED.—If the Secretary considers it appro8 priate, the Secretary may combine the rulemaking pro9 ceeding required by subsection (a) with the rulemaking pro10 ceeding required by section 102. 

11 SEC. 104. PEDAL PLACEMENT STANDARD. 

12 (a) CONSIDERATION OF RULE.—Not later than 18 

13 months after the date of the enactment of this Act, the Sec14 retary shall initiate a rulemaking proceeding pursuant to 

15 section 30111 of title 49, United States Code, to consider 

16 prescribing or amending Federal motor vehicle safety stand17 ards to prevent the potential obstruction of pedal movement 

18 in passenger motor vehicles by establishing minimum clear19 ances for passenger motor vehicle foot pedals with respect 

20 to other pedals and the vehicle floor (including aftermarket 

21 floor coverings), taking into account various pedal mount22 ing configurations. 

23 (b) DEADLINE FOR DECISION.—If the Secretary deter24 mines such safety standards are reasonable, practicable, 

25 and appropriate, the Secretary shall prescribe the safety 


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1 standards described in subsection (a) not later than 4 years 

2 after the date of enactment of this Act. If the Secretary de3 termines that no additional safety standards are reasonable, 

4 practicable, and appropriate the Secretary shall transmit 

5 a report to the Committee on Energy and Commerce of the 

6 House of Representatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate describing the 

8 reasons such standards were not prescribed. 

9 SEC. 105. ELECTRONIC SYSTEMS PERFORMANCE STAND10 ARD. 

11 (a) IN GENERAL.—Not later than 2 years after the en12 actment of this Act, the Secretary shall initiate a rule13 making proceeding pursuant to section 30111 of title 49, 

14 United States Code, to consider requiring electronic systems 

15 in passenger motor vehicles to meet minimum standards for 

16 performance. The Secretary shall consider the findings and 

17 recommendations of the National Academy of Sciences pur18 suant to its study of electronic vehicle controls and unin19 tended acceleration. The standard may include require20 ments for electronic components, the interaction of those 

21 electronic components, or the effect of surrounding environ22 ments on those electronic systems. 

23 (b) DEADLINE FOR DECISION.—If the Secretary deter24 mines such safety standards are reasonable, practicable, 

25 and appropriate, the Secretary shall prescribe the safety 


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1 standards described in subsection (a) not later than 4 years 

2 after the date of enactment of this Act. If the Secretary de3 termines that no additional safety standards are reasonable, 

4 practicable, and appropriate the Secretary shall transmit 

5 a report to the Committee on Energy and Commerce of the 

6 House of Representatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate describing the 

8 reasons such standards were not prescribed. 

9 SEC. 106. PUSH-BUTTON IGNITION SYSTEMS STANDARD. 

10 (a) IN GENERAL.—The Secretary shall initiate a rule11 making proceeding pursuant to section 30111 of title 49, 

12 United States Code, to prescribe or amend a Federal motor 

13 vehicle safety standard for passenger motor vehicles 

14 equipped with push-button ignition systems, to establish the 

15 standard operation and function of such systems when used 

16 by drivers, including drivers unfamiliar with the vehicle, 

17 in an emergency situation when the vehicle is in motion. 

18 (b) DEADLINE.—The Secretary shall issue a final rule 

19 under subsection (a) within 2 years after the date of enact20 ment of this Act. 

21 SEC. 107. TRANSMISSION CONFIGURATION STANDARD. 

22 (a) IN GENERAL.—The Secretary shall initiate a rule23 making proceeding pursuant to section 30111 of title 49, 

24 United States Code, to revise Federal motor vehicle safety 

25 standard 102, to improve the recognition of the gear selector 


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1 positions for drivers, including drivers unfamiliar with the 

2 vehicle, and to improve the conspicuity of the neutral posi3 tion. 

4 (b) DEADLINE.—The Secretary shall issue a final rule 

5 under subsection (a) within 1 year after the date of enact6 ment of this Act. 

7 SEC. 108. VEHICLE EVENT DATA RECORDERS. 

8 (a) REQUIRED EVENT DATA RECORDERS.—Not later 

9 than 6 months after the date of the enactment of this section, 

10 the Secretary shall modify the regulation contained in part 

11 563 of title 49, Code of Federal Regulations, to require that 

12 passenger motor vehicles sold in the United States be 

13 equipped with an event data recorder that meets the re14 quirements for event data recorders set forth in such part. 

15 The Secretary shall require manufacturers to include such 

16 event data recorders in their entire fleet beginning in model 

17 year 2015. 

18 (b) REQUIREMENTS FOR EVENT DATA RECORDERS.— 

19 The Secretary shall initiate a rulemaking proceeding pur20 suant to section 30111 of title 49, United States Code, to 

21 require that the event data recorders required to be installed 

22 in passenger motor vehicles pursuant to subsection (a) con23 tinuously record vehicle operational data that can be stored 

24 and accessed for retrieval and analysis in accordance with 

25 subsections (c) and (d). 


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1 (c) SPECIFICATIONS.—The rule— 

2 (1) shall require such recorders to store data cov3 ering a reasonable time before, during, and after a 

4 crash or airbag deployment, including information on 

5 engine performance, steering, braking, acceleration, 

6 vehicle speed, seat belt use, and airbag deployment 

7 level, deactivation status, deployment time, and de8 ployment stage, and may require such recorders to 

9 store other data, such as data related to vehicle roll10 overs, as the Secretary considers appropriate; 

11 (2) shall require such recorders to store data cov12 ering at least a sufficient period of time to capture 

13 all relevant data from a crash, including vehicle roll14 overs, and shall establish appropriate recording times 

15 for capturing data prior to a crash event; 

16 (3) may require such recorders to capture certain 

17 events such as rapid deceleration and full braking 

18 lasting more than 10 seconds, even if there is not a 

19 crash or airbag deployment; 

20 (4) may not require information recorded or 

21 transmitted by such data recorders to include the ve22 hicle location, except for the purposes of emergency re23 sponse; 


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1 (5) shall require that data stored on such record2 ers be accessible, regardless of vehicle manufacturer or 

3 model, with commercially available equipment; 

4 (6) shall specify any data format requirements 

5 or other requirements, including a standardized data 

6 access port, the Secretary determines appropriate to 

7 facilitate accessibility and analysis; and 

8 (7) shall require that such recorders meet at least 

9 the performance requirements for crash resistance in10 cluded in part 563 of title 49, Code of Federal Regu11 lations (as amended January 14, 2008), and, if the 

12 Secretary determines that these requirements do not 

13 provide adequate temperature, crash, or water resist14 ance, shall establish such additional standards. 

15 (d) LIMITATIONS ON INFORMATION RETRIEVAL.— 

16 (1) OWNERSHIP OF DATA.—The rule issued 

17 under subsection (b) shall provide that any data in 

18 a data recorder required under the rule is the prop19 erty of the owner or lessee of the motor vehicle in 

20 which the data recorder is installed. 

21 (2) PRIVACY.—The rule issued under subsection 

22 (b) shall provide that information recorded or trans23 mitted by such a data recorder may not be retrieved 

24 by a person other than the owner or lessee of the 


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1 motor vehicle in which the recorder is installed un2 less— 

3 (A) a court authorizes retrieval of the infor4 mation in furtherance of a legal proceeding; 

5 (B) the owner or lessee consents to the re6 trieval of the information for any purpose, in7 cluding the purpose of diagnosing, servicing, or 

8 repairing the motor vehicle; or 

9 (C) the information is retrieved by a gov10 ernment motor vehicle safety agency for the pur11 pose of improving motor vehicle safety if the per12 sonally identifiable information of the owner, les13 see, or driver of the vehicle and the vehicle iden14 tification number is not disclosed in connection 

15 with the retrieved information. 

16 (3) TAMPER RESISTANCE.—The rule issued 

17 under subsection (b) shall establish performance re18 quirements for preventing unauthorized access to the 

19 data stored on such event data recorder in order to 

20 protect the security, integrity, and authenticity of the 

21 data. 

22 (e) DISCLOSURE OF EXISTENCE AND PURPOSE OF

23 EVENT DATA RECORDER.—The rule issued under sub24 section (a) shall provide that any owner’s manual or simi25 lar documentation provided to the first purchaser of a pasVerDate Mar 15 2010 20:36 Jul 14, 2010 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H5381.RH H5381

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1 senger motor vehicle for purposes other than resale shall dis2 close that the vehicle is equipped with such a data recorder 

3 and explain the purpose of the recorder. 

4 (f) ACCESS TO EVENT DATA RECORDERS IN DEFECT

5 INVESTIGATIONS.—Section 30166(c)(3)(C) of title 49, 

6 United States Code, is amended by inserting ‘‘, including 

7 any electronic data contained within the vehicle’s diag8 nostic system or event data recorder’’ after ‘‘equipment’’. 

9 (g) DEADLINE FOR RULEMAKING.—The Secretary 

10 shall issue a final rule under subsection (a) not later than 

11 3 years after the date of enactment of this Act. 

12 SEC. 109. COMMERCIAL MOTOR VEHICLE ROLLOVER PRE13 VENTION AND CRASH MITIGATION. 

14 (a) RULEMAKING.—Not later than 6 months after the 

15 date of enactment of this Act, the Secretary shall initiate 

16 a rulemaking proceeding pursuant to section 30111 of title 

17 49, United States Code, to prescribe or amend a Federal 

18 motor vehicle safety standard to reduce commercial motor 

19 vehicle rollover and loss of control crashes and mitigate 

20 deaths and injuries associated with such crashes for air21 braked motor vehicles with a gross vehicle weight rating of 

22 more than 26,000 pounds. 

23 (b) REQUIRED PERFORMANCE STANDARDS.—The rule24 making proceeding initiated under subsection (a) shall es25 tablish standards to reduce the occurrence of rollovers conVerDate Mar 15 2010 20:36 Jul 14, 2010 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H5381.RH H5381

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1 sistent with stability enhancing technologies that address 

2 both rollovers and loss-of-control crashes. 

3 (c) DEADLINE.—The Secretary shall issue a final rule 

4 under subsection (a) not later than 18 months after the date 

5 of enactment of this Act. 

6 SEC. 110. MINIMUM SOUND REQUIREMENT. 

7 (a) RULEMAKING.—Not later than 18 months fol8 lowing the date of enactment of this Act the Secretary shall 

9 initiate a rulemaking proceeding under section 30111 of 

10 title 49, United States Code, to promulgate a motor vehicle 

11 safety standard to establish performance requirements for 

12 an alert sound that allows blind and other pedestrians to 

13 reasonably detect a nearby electric or hybrid vehicle oper14 ating below the cross-over speed, if any. Such standard— 

15 (1) shall require new electric or hybrid vehicles 

16 to provide an alert sound conforming to the require17 ments of the motor vehicle safety standard established 

18 under this subsection; 

19 (2) shall not require either driver or pedestrian 

20 activation of the alert sound; 

21 (3) shall allow the pedestrian to reasonably de22 tect a nearby electric or hybrid vehicle in critical op23 erating scenarios, including but not limited to con24 stant speed, accelerating, and decelerating; 


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1 (4) shall allow manufacturers to provide each ve2 hicle with 1 or more alert sounds that comply with 

3 the motor vehicle safety standard at the time of man4 ufacture; and 

5 (5) shall require manufacturers to provide, with6 in reasonable manufacturing tolerances, the same 

7 alert sound or set of alert sounds for all vehicles of 

8 the same make and model and shall prohibit manu9 facturers from providing any mechanism for anyone 

10 other than the manufacturer or the dealer to disable, 

11 alter, replace, or modify the alert sound or set of alert 

12 sounds, except that the manufacturer or dealer may 

13 alter, replace, or modify the alert sound or set of alert 

14 sounds in order to remedy a defect or non-compliance 

15 with the motor vehicle safety standard. 

16 (b) CONSIDERATION.—When conducting the required 

17 rulemaking, the Secretary shall— 

18 (1) determine the minimum level of an alert 

19 sound emitted from a motor vehicle that is necessary 

20 to provide blind and other pedestrians with the infor21 mation needed to reasonably detect a nearby electric 

22 or hybrid vehicle operating at or below the cross-over 

23 speed, if any; 


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1 (2) determine the performance requirements for 

2 an alert sound that is recognizable to a pedestrian as 

3 a motor vehicle in operation; and 

4 (3) consider the overall noise impact to streets 

5 and communities. 

6 (c) PHASE-IN REQUIRED.—The motor vehicle safety 

7 standard prescribed pursuant to subsection (a) shall estab8 lish a phase-in period for compliance, as determined by the 

9 Secretary, and shall require full compliance with the re10 quired motor vehicle safety standard for motor vehicles 

11 manufactured on or after September 1 of the calendar year 

12 that begins 3 years after the date on which the final rule 

13 is issued. 

14 (d) CONSULTATION.—When conducting the required 

15 study and rulemaking, the Secretary shall consult with— 

16 (1) the Environmental Protection Agency to as17 sure that the motor vehicle safety standard is con18 sistent with existing noise requirements overseen by 

19 the Agency; 

20 (2) consumer groups representing individuals 

21 who are blind; 

22 (3) automobile manufacturers and professional 

23 organizations representing them; and 

24 (4) technical standardization organizations re25 sponsible for measurement methods such as the SociVerDate Mar 15 2010 20:36 Jul 14, 2010 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\H5381.RH H5381

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1 ety of Automotive Engineers, the International Orga2 nization for Standardization, and the United Nations 

3 Economic Commission for Europe, World Forum for 

4 Harmonization of Vehicle Regulations. 

5 (e) DEADLINE.—The Secretary shall issue a final rule 

6 under subsection (a) not later than 36 months after the date 

7 of enactment of this Act. 

8 (f) STUDY AND REPORT.—Not later than 4 years after 

9 the date of enactment of this Act, the Secretary shall com10 plete a study and report to Congress as to whether there 

11 exists a safety need to apply the motor vehicle safety stand12 ard required by subsection (a) to conventional motor vehi13 cles. In the event that the Secretary determines there exists 

14 a safety need, the Secretary shall initiate rulemaking under 

15 section 30111 of title 49, United States Code to extend the 

16 standard to conventional motor vehicles. 

17 (g) DEFINITIONS.—For purposes of the motor vehicle 

18 safety standard required under this section— 

19 (1) the term ‘‘alert sound’’ means a vehicle-emit20 ted sound that enables pedestrians to discern vehicle 

21 presence, direction, location, and operation; 

22 (2) the term ‘‘cross-over speed’’ means the speed 

23 at which tire noise, wind resistance, or other factors 

24 eliminate the need for a separate alert sound, as de25 termined by the Secretary; 


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1 (3) the term ‘‘conventional motor vehicle’’ means 

2 a motor vehicle powered by a gasoline, diesel, or alter3 native fueled internal combustion engine as its sole 

4 means of propulsion; 

5 (4) the term ‘‘electric vehicle’’ means a motor ve6 hicle with an electric motor as its sole means of pro7 pulsion; and 

8 (5) the term ‘‘hybrid vehicle’’ means a motor ve9 hicle which has more than one means of propulsion. 

10 SEC. 111. DRIVER ALCOHOL DETECTION SYSTEM RE11 SEARCH. 

12 (a) RESEARCH.—The Secretary shall carry out a col13 laborative research effort to continue to explore the feasi14 bility and the potential benefits of, and the public policy 

15 challenges associated with, more widespread deployment of 

16 in-vehicle technology to prevent alcohol-impaired driving. 

17 (b) REPORT.—Not later than 1 year after the date of 

18 the enactment of this Act, the Secretary shall submit a re19 port annually to the Committee on Energy and Commerce 

20 of the House of Representatives and the Committee on Com21 merce, Science, and Transportation of the Senate— 

22 (1) describing progress in carrying out the col23 laborative research effort; and 


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1 (2) including an accounting for the use of Fed2 eral funds obligated or expended in carrying out that 

3 effort. 

4 (c) AUTHORIZATION.—From amounts appropriated 

5 under section 30104 of title 49, United States Code, the Sec6 retary is authorized to expend $8,000,000 during each of 

7 fiscal years 2011 through 2015 to conduct the research re8 quired under this section. 

9 TITLE II—TRANSPARENCY AND 

10 ACCOUNTABILITY 

11 SEC. 201. PUBLIC AVAILABILITY OF EARLY WARNING DATA. 

12 (a) IN GENERAL.—Section 30166(m) of title 49, 

13 United States Code, is amended by in paragraph (4), by 

14 striking subparagraph (C) and inserting the following: 

15 ‘‘(C) DISCLOSURE.—The information pro16 vided to the Secretary pursuant to this sub17 section shall be disclosed publicly unless exempt 

18 from disclosure under section 552(b) of title 5.’’. 

19 (b) REGULATIONS.—Not later than 2 years after the 

20 date of enactment of this Act, the Secretary shall issue regu21 lations regarding public access to information submitted 

22 pursuant to section 30166(m). The Secretary may establish 

23 categories of information provided pursuant to such section 

24 that must be made available to the public and categories 


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1 that are exempt from public disclosure under section 552(b) 

2 of title 5, United States Code. 

3 (c) CONSULTATION.—In conducting the rulemaking re4 quired under subsection (a), the Secretary shall consult with 

5 the Director of the Office of Government Information Serv6 ices within the National Archives and the Director of the 

7 Office of Information Policy of the Department of Justice. 

8 (d) PRESUMPTION AND LIMITATION.—The Secretary 

9 shall issue the regulations with a presumption in favor of 

10 maximum public availability of information. The following 

11 types of information shall not be eligible for protection 

12 under section 552(b)(4) of title 5, United States Code, and 

13 shall not be withheld from public disclosure: 

14 (1) Production information regarding passenger 

15 motor vehicles, information on incidents involving 

16 death or injury, and numbers of property damage 

17 claims. 

18 (2) Aggregated numbers of consumer complaints. 

19 (e) NULLIFICATION OF PRIOR REGULATIONS.—Begin20 ning 2 years after the date of the enactment of this Act, 

21 the regulations establishing early warning reporting class 

22 determinations in Appendix C of section 512 of title 49, 

23 Code of Federal Regulations, shall have no force or effect. 


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1 SEC. 202. IMPROVED NHTSA VEHICLE SAFETY DATABASE. 

2 (a) IN GENERAL.—Not later than 2 years after the 

3 date of the enactment of this Act, the Secretary shall im4 prove public accessibility to information on the National 

5 Highway Traffic Safety Administration’s publicly acces6 sible vehicle safety databases by— 

7 (1) improving organization and functionality, 

8 including design features such as drop-down menus, 

9 and allowing for data to be searched, aggregated, and 

10 downloaded; 

11 (2) providing greater consistency in presentation 

12 of vehicle safety issues; and 

13 (3) improving searchability about specific vehi14 cles and issues through standardization of commonly 

15 used search terms. 

16 (b) VEHICLE RECALL INFORMATION.—The Secretary 

17 shall require that motor vehicle recall information be made 

18 available to consumers on the Internet, searchable by vehicle 

19 identification number in a format that preserves consumer 

20 privacy. The Secretary may initiate a rulemaking pro21 ceeding to require that such information be available on 

22 manufacturer websites or through other reasonable means. 

23 (c) ACCESSIBILITY OF MANUFACTURER COMMUNICA24 TIONS.—Section 30166(f) of title 49, United States Code, 

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1 licly accessible Internet website,’’ after ‘‘Secretary of Trans2 portation’’. 

3 SEC. 203. PROMOTION OF VEHICLE DEFECT REPORTING. 

4 Section 32302 of title 49, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(d) MOTOR VEHICLE DEFECT REPORTING INFORMA7 TION.— 

8 ‘‘(1) RULEMAKING REQUIRED.—Within 1 year 

9 after the date of enactment of the Motor Vehicle Safety 

10 Act of 2010 the Secretary shall prescribe regulations 

11 that require passenger motor vehicle manufacturers to 

12 affix, in the glove compartment or in another readily 

13 accessible location on the vehicle, a sticker, decal, or 

14 other device that provides, in simple and understand15 able language, information about how to submit a 

16 safety-related motor vehicle defect complaint with the 

17 National Highway Traffic Safety Administration. 

18 The information may not be placed on the label re19 quired by section 3 of the Automobile Information 

20 Disclosure Act (15 U.S.C. 1232). 

21 ‘‘(2) APPLICATION.—The requirements estab22 lished under paragraph (1) shall apply to passenger 

23 motor vehicles manufactured in model years begin24 ning more than 1 year after the date on which a final 

25 rule is published under that paragraph.’’. 


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1 SEC. 204. NHTSA HOTLINE FOR MANUFACTURER, DEALER, 

2 AND MECHANIC PERSONNEL. 

3 The Secretary shall— 

4 (1) establish a means by which mechanics, auto5 mobile dealership personnel, and automobile manu6 facturer personnel may contact the National Highway 

7 Traffic Safety Administration directly and confiden8 tially regarding potential passenger automobile safety 

9 defects; and 

10 (2) publicize the means for contacting the Na11 tional Highway Traffic Safety Administration in a 

12 manner that targets mechanics, automobile dealership 

13 personnel, and manufacturer personnel. 

14 SEC. 205. CORPORATE RESPONSIBILITY FOR NHTSA RE15 PORTS. 

16 (a) IN GENERAL.—Section 30166 of title 49, United 

17 States Code, is amended by adding at the end the following: 

18 ‘‘(o) CORPORATE RESPONSIBILITY FOR REPORTS.— 

19 The Secretary shall require, for each company submitting 

20 information to the Secretary in response to a request for 

21 information in a safety or compliance investigation under 

22 this chapter, that a senior official responsible for safety re23 siding in the United States certify that— 

24 ‘‘(1) the signing official has reviewed the submis25 sion; and 


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1 ‘‘(2) based on the official’s knowledge, the sub2 mission does not contain any untrue statement of a 

3 material fact or omit to state a material fact nec4 essary in order to make the statements made, in light 

5 of the circumstances under which such statements 

6 were made, not misleading.’’. 

7 (b) CIVIL PENALTY.—Section 30165(a) of title 49, 

8 United States Code, is amended— 

9 (1) by striking ‘‘A person’’ in paragraph (3) and 

10 inserting ‘‘Except as provided in paragraph (4), a 

11 person’’; and 

12 (2) by adding at the end thereof the following: 

13 ‘‘(4) FALSE, MISLEADING, OR INCOMPLETE RE14 PORTS.—A person who knowingly and willfully sub15 mits materially false, misleading, or incomplete infor16 mation to the Secretary, after certifying the same in17 formation as accurate and complete under the certifi18 cation process established pursuant to section 

19 30166(o), shall be subject to a civil penalty of not 

20 more than $5,000 per day. The maximum penalty 

21 under this paragraph for a related series of daily vio22 lations is $5,000,000.’’. 

23 SEC. 206. APPEAL OF DEFECT PETITION REJECTION. 

24 Section 30162 of title 49, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(f) JUDICIAL REVIEW.—A decision of the Secretary 

2 to deny a petition filed under subsection (a)(2) of this sec3 tion is agency action subject to judicial review under chap4 ter 7 of title 5, and such action shall not be considered com5 mitted to agency discretion within the meaning of section 

6 701(a)(2) of such title. A person aggrieved by the denial 

7 of a petition may obtain judicial review by filing an action 

8 in the court of appeals of the United States for the circuit 

9 in which the person resides or has its principal place of 

10 business or the United States Court of Appeals for the Dis11 trict of Columbia Circuit not more than 180 days after no12 tice of the denial of the petition is published in the Federal 

13 Register.’’. 

14 SEC. 207. DEADLINES FOR RULEMAKING. 

15 If the Secretary determines that a deadline for a final 

16 rule under this Act, or an amendment made by this Act, 

17 cannot be met, the Secretary shall— 

18 (1) notify the Committee on Energy and Com19 merce of the House of Representatives and the Senate 

20 Committee on Commerce, Science, and Transpor21 tation and explain why that deadline cannot be met; 

22 and 

23 (2) establish a new deadline for that rule. 


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1 SEC. 208. REPORTS TO CONGRESS. 

2 (a) STUDY ON EARLY WARNING DATA.—Not later than 

3 3, 5, 7, and 9 years after the date of enactment of this Act, 

4 the Office of the Inspector General of the Department of 

5 Transportation shall complete a study of the utilization of 

6 Early Warning data by the National Highway Traffic 

7 Safety Administration (NHTSA). Each study shall evalu8 ate the following: 

9 (1) The number and type of requests for infor10 mation made by the NHTSA based on data received 

11 in the Early Warning Reporting system. 

12 (2) The number of safety defect investigations 

13 opened by NHTSA using any information reported to 

14 the agency through the Early Warning Reporting sys15 tem. 

16 (3) The nature and vehicle defect category of all 

17 such safety defect investigations. 

18 (4) The number of investigations described in 

19 paragraph (2) that are subsequently closed without 

20 further action. 

21 (5) The duration of each investigation described 

22 in paragraph (2) 

23 (6) The percentage of each investigation that re24 sult in a finding of a safety defect or recall by the 

25 agency. 


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1 (7) Other information the Office of the Inspector 

2 General deems appropriate. 

3 (b) REPORT ON OPERATIONS OF THE CENTER FOR VE4 HICLE ELECTRONICS AND EMERGING TECHNOLOGIES.— 

5 Not later than 3 years after the date of enactment of this 

6 Act, the Secretary shall report to Congress regarding the 

7 operations of the Center for Vehicle Electronics and Emerg8 ing Technologies. Such report shall include information 

9 about the accomplishments of the Center, the role the Center 

10 plays in integrating and aggregating expertise across 

11 NHTSA, and priorities of the Center over the next 5 years. 

12 (c) STUDY OF CRASH DATA COLLECTION.—Not later 

13 than 1 year after the date of enactment of this Act, the Sec14 retary shall issue a report regarding the quality of data 

15 collected through the National Automotive Sampling Sys16 tem, including the Special Crash Investigations, and rec17 ommendations for improvements to this data collection pro18 gram. The report shall include information regarding— 

19 (1) the analysis and conclusions NHTSA can 

20 reach based on the amount of data collected in a 

21 given year, and the additional analysis and conclu22 sions NHTSA could reach if more crash investiga23 tions were conducted each year; 


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1 (2) the number of investigations per year that 

2 would allow for optimal data analysis and crash in3 formation; 

4 (3) the results of a comprehensive review of the 

5 data elements collected from each crash to determine 

6 if additional data should be collected; which review 

7 shall include input from interested parties, such as 

8 suppliers, automakers, safety advocates, the medical 

9 community and research organizations; and 

10 (4) the resources that would be necessary for 

11 NHTSA to implement these recommendations. 

12 (d) SUBMISSION OF REPORTS.—Each report shall be 

13 submitted to the Committee on Energy and Commerce of 

14 the House of Representatives and to the Committee on Com15 merce, Science, and Transportation of the Senate upon 

16 completion. 

17 SEC. 209. RESTRICTION ON COVERED VEHICLE SAFETY OF18 FICIALS. 

19 (a) AMENDMENT.—Subchapter I of chapter 301 of title 

20 49, United States Code, is amended by adding at the end 

21 the following: 

22 ‘‘§ 30107. Restriction on covered vehicle safety officials 

23 ‘‘(a) IN GENERAL.—For a period of 1 year after the 

24 termination of his or her service or employment, a covered 

25 vehicle safety official shall not knowingly make, with the 


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1 intent to influence, any communication to or appearance 

2 before any officer or employee of the National Highway 

3 Transportation Safety Administration on behalf of any 

4 manufacturer subject to regulation under this chapter in 

5 connection with any matter involving vehicle safety on 

6 which such person seeks official action by any officer or em7 ployee of the National Highway Transportation Safety Ad8 ministration. 

9 ‘‘(b) NO EFFECT ON SECTION 207.—This section does 

10 not expand, contract, or otherwise affect the application of 

11 any waiver or criminal penalties under section 207 of title 

12 18, United States Code. 

13 ‘‘(c) EFFECTIVE DATE.—This section shall apply to 

14 covered vehicle safety officials who terminate service or em15 ployment with the National Highway Transportation Safe16 ty Administration after the date of enactment of the Motor 

17 Vehicle Safety Act of 2010. 

18 ‘‘(d) DEFINITION.—In this section, the term ‘covered 

19 vehicle safety official’ means any officer or employee of the 

20 National Highway Transportation Safety Administration 

21 who, within the final 12 months of his or her service or 

22 employment with the agency, serves or served in a technical 

23 or legal capacity, and whose job responsibilities include or 

24 included vehicle safety defect investigation, vehicle safety 

25 compliance, vehicle safety rulemaking, or vehicle safety reVerDate Mar 15 2010 20:36 Jul 14, 2010 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\H5381.RH H5381

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1 search, and any officer or employee of the National High2 way Transportation Safety Administration serving in a su3 pervisory or management capacity over such officers or em4 ployees. 

5 ‘‘(e) SPECIAL RULE FOR DETAILEES.—For purposes 

6 of this section, a person who is detailed from one depart7 ment, agency, or other entity to another department, agen8 cy, or other entity shall, during the period such person is 

9 detailed, be deemed to be an officer or employee of both de10 partments, agencies, or such entities. 

11 ‘‘(f) EXCEPTION FOR TESTIMONY.—Nothing in this 

12 section shall prevent an individual from giving testimony 

13 under oath, or from making statements required to be made 

14 under penalty of perjury.’’. 

15 (b) CIVIL PENALTY.—Section 30165(a) of title 49, 

16 United States Code, as amended by section 205, is further 

17 amended by adding at the end the following: 

18 ‘‘(5) SECTION 30107.—A person who violates sec19 tion 30107 shall be subject to a civil penalty of not 

20 more than $55,000.’’. 

21 (c) CONFORMING AMENDMENT.—The table of contents 

22 for chapter 301 of title 49, United States Code, is amended 

23 by inserting after the item relating to section 30106 the fol24 lowing: 

‘‘30107. Restriction on covered vehicle safety officials.’’. 


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1 TITLE III—FUNDING 

2 SEC. 301. VEHICLE SAFETY USER FEE. 

3 (a) AMENDMENT.—Subchapter I of chapter 301 of title 

4 49, United States Code, is amended by adding at the end 

5 the following: 

6 ‘‘§ 30108. Vehicle safety user fee 

7 ‘‘(a) ESTABLISHMENT OF FUND.—There is established 

8 in the Treasury of the United States a separate account 

9 for the deposit of fees under this section to be known as 

10 the Vehicle Safety Fund. 

11 ‘‘(b) ASSESSMENT AND COLLECTION OF VEHICLE

12 SAFETY FEES.—Beginning 1 year after the date of enact13 ment of the Motor Vehicle Safety Act of 2010, the Secretary 

14 shall assess and collect, in accordance with this section, a 

15 vehicle safety user fee from the manufacturer for each motor 

16 vehicle that is certified as compliant with applicable motor 

17 vehicle safety standards pursuant to section 30115. 

18 ‘‘(c) DEPOSIT.—The Secretary shall deposit any fees 

19 collected pursuant to subsection (b) into the Vehicle Safety 

20 Fund established by subsection (a). 

21 ‘‘(d) USE.—Amounts in the Vehicle Safety Fund shall 

22 be available to the Secretary, as provided in subsection (i), 

23 for making expenditures to meet the obligations of the 

24 United States to carry out vehicle safety programs of the 

25 National Highway Traffic Safety Administration. 


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1 ‘‘(e) VEHICLE SAFETY USER FEE.— 

2 ‘‘(1) FIRST, SECOND, AND THIRD YEAR FEES.— 

3 The fee assessed under this section for the first three 

4 years shall be as follows: 

5 ‘‘(A) $3 for each vehicle certified during the 

6 first year in which such fees are assessed. 

7 ‘‘(B) $6 for each vehicle certified during the 

8 second year in which such fees are assessed. 

9 ‘‘(C) $9 for each vehicle certified during the 

10 third year in which such fees are assessed. 

11 ‘‘(2) SUBSEQUENT YEARS.—The fee assessed 

12 under this section for each vehicle certified after the 

13 third year in which such fees are assessed shall be ad14 justed by the Secretary by notice published in the 

15 Federal Register to reflect the total percentage change 

16 that occurred in the Consumer Price Index for all 

17 Urban Consumers for the 12 month period ending 

18 June 30 preceding the fiscal year for which fees are 

19 being established. 

20 ‘‘(3) PAYMENT.—The Secretary shall require 

21 payment of fees under this section on a quarterly 

22 basis and not later than one quarter after the date on 

23 which the fee was assessed. 

24 ‘‘(f) RULEMAKING.—Not later than 9 months after the 

25 date of enactment of the Motor Vehicle Safety Act of 2010, 


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1 the Secretary shall promulgate rules governing the collection 

2 and payment of fees pursuant to this section. 

3 ‘‘(g) LIMITATIONS.— 

4 ‘‘(1) IN GENERAL.—Fees under this section shall 

5 not be collected for a fiscal year unless appropriations 

6 for vehicle safety programs of the National Highway 

7 Traffic Safety Administration for such fiscal year 

8 (excluding the amount of fees appropriated for such 

9 fiscal year) are equal to or greater than the amount 

10 of appropriations for vehicle safety programs of the 

11 National Highway Traffic Safety Administration for 

12 fiscal year 2010. 

13 ‘‘(2) AUTHORITY.—If the Secretary does not as14 sess fees under this section during any portion of a 

15 fiscal year because of paragraph (1), the Secretary 

16 may assess and collect such fees, without any modi17 fication in the rate, at a later date in such fiscal year 

18 notwithstanding the provisions of subsection (e)(3) re19 lating to the date fees are to be paid. 

20 ‘‘(h) COLLECTION OF UNPAID FEES.—In any case 

21 where the Secretary does not receive payment of a fee as22 sessed under this section within 30 days after it is due, such 

23 fee shall be treated as a claim of the United States Govern24 ment subject to subchapter II of chapter 37 of title 31. 


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1 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—In addi2 tion to funds appropriated under section 30104, there is 

3 authorized to be appropriated from the Vehicle Safety Fund 

4 to the Secretary for the National Highway Traffic Safety 

5 Administration for each fiscal year in which fees are col6 lected under subsection (b) an amount equal to the total 

7 amount collected during the previous fiscal year from fees 

8 assessed pursuant to this section. Such amounts are author9 ized to remain available until expended. 

10 ‘‘(j) CREDITING AND AVAILABILITY OF FEES.—Fees 

11 authorized under subsection (b) shall be collected and avail12 able for obligation only to the extent and in the amount 

13 provided in advance in appropriations Acts.’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for such 

15 chapter is amended by inserting after the item relating to 

16 section 30106 the following: 

‘‘30108. Vehicle safety user fee.’’. 

17 SEC. 302. AUTHORIZATION OF APPROPRIATIONS. 

18 Section 30104 of title 49, United States Code, is 

19 amended— 

20 (1) by striking ‘‘$98,313,500’’; and 

21 (2) by striking ‘‘in each fiscal year beginning’’ 

22 and all that follows and inserting ‘‘and to carry out 

23 the Motor Vehicle Safety Act of 2010— 

24 ‘‘(1) $200,000,000 for fiscal year 2011; 

25 ‘‘(2) $240,000,000 for fiscal year 2012; and 


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1 ‘‘(3) $280,000,000 for fiscal year 2013.’’. 

2 TITLE IV—ENHANCED SAFETY 

3 AUTHORITIES 

4 SEC. 401. CIVIL PENALTIES. 

5 (a) IN GENERAL.—Section 30165 of title 49, United 

6 States Code, is amended— 

7 (1) in subsection (a)(1)— 

8 (A) in the first sentence by striking 

9 ‘‘$5,000’’ and inserting ‘‘$25,000’’; and 

10 (B) in the third sentence, by striking 

11 ‘‘$15,000,000’’ and inserting ‘‘$200,000,000’’; 

12 (2) in subsection (a)(3)— 

13 (A) in the second sentence by striking 

14 ‘‘$5,000’’ and inserting ‘‘$25,000’’ ; and 

15 (B) in the third sentence, by striking 

16 ‘‘$15,000,000’’ and inserting ‘‘$200,000,000’’; 

17 and 

18 (3) by striking subsection (c) and inserting the 

19 following: 

20 ‘‘(c) RELEVANT FACTORS IN DETERMINING AMOUNT

21 OF PENALTY OR COMPROMISE.—In determining the 

22 amount of a civil penalty or compromise, the nature, cir23 cumstances, extent, and gravity of the violation shall be con24 sidered. This shall include, where appropriate, the nature 

25 of the defect or noncompliance, the severity of the risk of 


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1 injury, the occurrence or absence of injury, the number of 

2 motor vehicles or items of motor vehicle equipment distrib3 uted with the defect or noncompliance, the existence of an 

4 imminent hazard, the appropriateness of such penalty in 

5 relation to the size of the business of the person charged, 

6 recognizing the potential for undue adverse economic im7 pacts on small businesses, and such other factors as appro8 priate.’’. 

9 (b) CIVIL PENALTY CRITERIA.—Not later than 1 year 

10 after the date of enactment of this Act, and in accordance 

11 with the procedures of section 553 of title 5, United States 

12 Code, the Secretary shall issue a final regulation providing 

13 its interpretation of the penalty factors described in section 

14 30165(c) of title 49, United States Code, as added by sub15 section (a). 

16 (c) CONSTRUCTION.—Nothing in this section shall be 

17 construed as preventing the imposition of penalties under 

18 section 30165 of title 49, United States Code, prior to the 

19 issuance of a final rule pursuant to subsection (b). 

20 SEC. 402. IMMINENT HAZARD AUTHORITY. 

21 (a) IN GENERAL.—Section 30118(b) of title 49, United 

22 States Code, is amended by adding at the end the following: 

23 ‘‘(3) IMMINENT HAZARD ORDERS.—If the Sec24 retary of Transportation in making a decision under 

25 subsection (a) also initially decides that such defect or 


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1 noncompliance presents a substantial likelihood of 

2 death or serious injury to the public, the Secretary 

3 shall notify such manufacturer. The opportunity for 

4 the manufacturer to present information, views, and 

5 arguments in accordance with paragraph (1) shall be 

6 provided as soon as practicable but not later than 10 

7 calendar days after the initial decision. The Secretary 

8 shall expedite proceedings for a decision and order 

9 under paragraph (1) and shall, as appropriate, issue 

10 an imminent hazard order.’’. 

11 (b) PROCEDURES.—Not later than 2 years after the 

12 date of enactment of this Act, the Secretary shall issue pro13 cedures for the issuance and enforcement of imminent haz14 ard orders under section 30118(b)(3) of title 49, United 

15 States Code (as added by subsection (a)), consistent with 

16 the provisions of chapter 301 of such title and the Adminis17 trative Procedures Act. 

18 TITLE V—ADDITIONAL 

19 PROVISIONS 

20 SEC. 501. PREEMPTION OF STATE LAW. 

21 (a) CONGRESSIONAL AUTHORIZATION REQUIRED.— 

22 Notwithstanding any other provision of law, the Secretary 

23 shall not publish a rule pursuant to section 30111 of title 

24 49, United States Code, that addresses the issue of preemp25 tion of State law seeking damages for personal injury, 


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1 death, or property damage unless Congress expressly au2 thorizes the Secretary to address such preemption. 

3 (b) PREEMPTION LANGUAGE.—Any language address4 ing the issue of preemption contained within regulations 

5 issued by the Secretary pursuant to section 30111 of title 

6 49, United States Code, during the years 2005 through 2008 

7 shall not be considered in determining whether any such 

8 rule preempts any action under State law seeking damages 

9 for personal injury, death, or property damage unless Con10 gress expressly authorizes the Secretary to address such pre11 emption. 


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Union Calendar No. 307 

111TH CONGRESS 

2D SESSION H. R. 5381 

[Report No. 111–536] 

A BILL 

To require motor vehicle safety standards relating 

Safety Administration. safety authority to the National Highway Traffic vide greater transparency, accountability, and to vehicle electronics and to reauthorize and proJULY 14, 2010 

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


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