II 

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. 

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 2014’’. 

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. Definition of Secretary. 

TITLE I—TRANSPARENCY AND ACCOUNTABILITY 

Sec. 101. Public availability of early warning data. 


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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. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Transportation, acting through the Adminis4 trator of the National Highway Traffic Safety Administra5 tion. 

6 TITLE I—TRANSPARENCY AND 

7 ACCOUNTABILITY 

8 SEC. 101. PUBLIC AVAILABILITY OF EARLY WARNING DATA. 

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

10 United States Code, is amended— 

11 (1) by striking clause (ii) in paragraph (3)(A) 

12 and inserting the following: 

13 ‘‘(ii) customer satisfaction campaigns, 

14 customer advisories, recalls, consumer 

15 complaints, warranty claims, field reports, 

16 technical service bulletins, or other activity 

17 involving the repair or replacement of 

18 motor vehicles or motor vehicle equip19 ment.’’; and 


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1 (2) by striking subparagraph (C) of paragraph 

2 (4) and inserting the following: 

3 ‘‘(C) DISCLOSURE.—The information pro4 vided to the Secretary pursuant to this sub5 section shall be disclosed publicly unless exempt 

6 from disclosure under section 552(b) of title 

7 5.’’. 

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

9 date of enactment of this Act, the Secretary shall issue 

10 regulations establishing categories of information provided 

11 to the Secretary pursuant to section 30166(m) of title 49, 

12 United States Code that must be made available to the 

13 public. The Secretary may establish categories of informa14 tion that are exempt from public disclosure under section 

15 552(b) of title 5, United States Code. 

16 (c) CONSULTATION.—In conducting the rulemaking 

17 required under subsection (b), the Secretary shall consult 

18 with the Director of the Office of Government Information 

19 Services within the National Archives and the Director of 

20 the Office of Information Policy of the Department of Jus21 tice. 

22 (d) PRESUMPTION AND LIMITATION.—The Secretary 

23 shall issue the regulations with a presumption in favor of 

24 maximum public availability of information. In issuing 

25 regulations under subsection (b), the following types of inVerDate Mar 15 2010 03:43 Jul 08, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2559.IS S2559

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1 formation shall presumptively not be eligible for protection 

2 under section 552(b) of title 5, United States Code: 

3 (1) Vehicle safety defect information related to 

4 incidents involving death or injury. 

5 (2) Aggregated numbers of property damage 

6 claims. 

7 (3) Aggregated numbers of consumer com8 plaints related to potential vehicle defects. 

9 (e) NULLIFICATION OF PRIOR REGULATIONS.—Be10 ginning 2 years after the date of enactment of this Act, 

11 the regulations establishing early warning reporting class 

12 determinations in Appendix C of part 512 of title 49, Code 

13 of Federal Regulations, shall have no force or effect. 

14 SEC. 102. IMPROVED NHTSA VEHICLE SAFETY DATABASE. 

15 Not later than 2 years after the date of enactment 

16 of this Act, the Secretary shall improve public accessibility 

17 to information on the National Highway Traffic Safety 

18 Administration’s publicly accessible vehicle safety data19 bases by— 

20 (1) improving organization and functionality, 

21 including modern web design features, and allowing 

22 for data to be searched, aggregated, and download23 ed; 

24 (2) providing greater consistency in presen25 tation of vehicle safety issues; and 


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1 (3) improving searchability about specific vehi2 cles and issues through standardization of commonly 

3 used search terms. 

4 SEC. 103. CORPORATE RESPONSIBILITY FOR NHTSA RE5 PORTS. 

6 Section 30166(o) of title 49, United States Code, is 

7 amended— 

8 (1) in paragraph (1), by striking ‘‘may’’ and in9 serting ‘‘shall’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(3) DEADLINE.—Not later than 1 year after 

12 the date of enactment of the Motor Vehicle Safety 

13 Act of 2014, the Secretary shall issue a final rule 

14 under paragraph (1).’’. 

15 SEC. 104. REPORTS TO CONGRESS. 

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

17 than 3 years after the date of enactment of this Act, and 

18 biennially thereafter for 6 years, the Office of the Inspec19 tor General of the Department of Transportation shall 

20 complete a study of the utilization of early warning data 

21 by the National Highway Traffic Safety Administration 

22 (referred to in this section as ‘‘NHTSA’’). Each study 

23 shall evaluate the following: 


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1 (1) The number and type of requests for infor2 mation made by NHTSA based on data received in 

3 the early warning reporting system. 

4 (2) The number of safety defect investigations 

5 opened by NHTSA using any information reported 

6 to NHTSA through the early warning reporting sys7 tem. 

8 (3) The nature and vehicle defect category of 

9 each safety defect investigation described in para10 graph (2). 

11 (4) The number of safety defect investigations 

12 described in paragraph (2) that are subsequently 

13 closed without further action. 

14 (5) The duration of each safety defect inves15 tigation described in paragraph (2). 

16 (6) The percentage of the safety defect inves17 tigations described in paragraph (2) that result in a 

18 finding of a safety defect or recall by NHTSA. 

19 (7) Other information the Office of the Inspec20 tor General considers appropriate. 

21 (b) REPORT ON OPERATIONS OF THE COUNCIL FOR

22 VEHICLE ELECTRONICS, VEHICLE SOFTWARE, AND

23 EMERGING TECHNOLOGIES.—Not later than 6 months 

24 after the date of enactment of this Act, the Secretary shall 

25 prepare a report regarding the operations of the Council 


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1 for Vehicle Electronics, Vehicle Software, and Emerging 

2 Technologies. The report shall include information about 

3 the accomplishments of the Council, the role the Council 

4 plays in integrating and aggregating expertise across 

5 NHTSA, and the priorities of the Council over the next 

6 5 years. 

7 (c) SUBMISSION OF REPORTS.—Each study described 

8 in subsection (a) and the report described in subsection 

9 (b) shall be submitted upon completion to the Committee 

10 on Commerce, Science, and Transportation of the Senate 

11 and the Committee on Energy and Commerce of the 

12 House of Representatives. 

13 SEC. 105. ANTI-REVOLVING DOOR. 

14 (a) AMENDMENT.—Subchapter I of chapter 301 of 

15 title 49, United States Code, is amended by adding at the 

16 end the following: 

17 ‘‘§ 30107. Restriction on covered vehicle safety offi18 cials 

19 ‘‘(a) IN GENERAL.—During the 2-year period after 

20 the termination of his or her service or employment, a cov21 ered vehicle safety official may not knowingly make, with 

22 the intent to influence, any communication to or appear23 ance before any officer or employee of the National High24 way Traffic Safety Administration on behalf of any manu25 facturer subject to regulation under this chapter in conVerDate Mar 15 2010 03:43 Jul 08, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2559.IS S2559

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1 nection with any matter involving motor vehicle safety on 

2 which such person seeks official action by any officer or 

3 employee of the National Highway Traffic Safety Admin4 istration. 

5 ‘‘(b) MANUFACTURERS.—It is unlawful for any man6 ufacturer or other person subject to regulation under this 

7 chapter to employ or contract for the services of an indi8 vidual to whom subsection (a) applies during the 2-year 

9 period commencing on the individual’s termination of em10 ployment with the National Highway Traffic Safety Ad11 ministration in a capacity in which the individual is pro12 hibited from serving during that period. 

13 ‘‘(c) SPECIAL RULE FOR DETAILEES.—For purposes 

14 of this section, a person who is detailed from 1 depart15 ment, agency, or other entity to another department, 

16 agency, or other entity shall, during the period such per17 son is detailed, be deemed to be an officer or employee 

18 of both departments, agencies, or such entities. 

19 ‘‘(d) SAVINGS PROVISION.—Nothing in this section 

20 may be construed to expand, contract, or otherwise affect 

21 the application of any waiver or criminal penalties under 

22 section 207 of title 18. 

23 ‘‘(e) EXCEPTION FOR TESTIMONY.—Nothing in this 

24 section may be construed to prevent an individual from 


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1 giving testimony under oath, or from making statements 

2 required to be made under penalty of perjury. 

3 ‘‘(f) DEFINED TERM.—In this section, the term ‘cov4 ered vehicle safety official’ means any officer or employee 

5 of the National Highway Traffic Safety Administration— 

6 ‘‘(1) who, during the final 12 months of his or 

7 her service or employment with the agency, serves or 

8 served in a technical or legal capacity, and whose job 

9 responsibilities include or included vehicle safety de10 fect investigation, vehicle safety compliance, vehicle 

11 safety rulemaking, or vehicle safety research; and 

12 ‘‘(2) who serves in a supervisory or manage13 ment capacity over an officer or employee described 

14 in paragraph (1). 

15 ‘‘(g) EFFECTIVE DATE.—This section shall apply to 

16 covered vehicle safety officials who terminate service or 

17 employment with the National Highway Traffic Safety 

18 Administration after the date of enactment of the Motor 

19 Vehicle Safety Act of 2014.’’. 

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

21 United States Code, is amended by adding at the end the 

22 following: 

23 ‘‘(5) IMPROPER INFLUENCE.— 

24 ‘‘(A) IN GENERAL.—An individual who vio25 lates section 30107(a) is liable to the United 


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1 States Government for a civil penalty, as deter2 mined under section 216(b) of title 18, for an 

3 offense under section 207 of that title. 

4 ‘‘(B) MANUFACTURERS.—A manufacturer 

5 or other person subject to regulation under this 

6 chapter who violates section 30107(b) is liable 

7 to the United States Government for a civil 

8 penalty equal to the sum of— 

9 ‘‘(i) an amount equal to not less than 

10 $100,000; and 

11 ‘‘(ii) an amount equal to 90 percent of 

12 the annual compensation or fee paid or 

13 payable to the individual with respect to 

14 whom the violation occurred.’’. 

15 (c) CONFORMING AMENDMENT.—The table of con16 tents for chapter 301 of title 49, United States Code, is 

17 amended by inserting after the item relating to section 

18 30106 the following: 

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

19 TITLE II—FUNDING 

20 SEC. 201. VEHICLE SAFETY USER FEE. 

21 (a) AMENDMENT.—Subchapter I of chapter 301 of 

22 title 49, United States Code, as amended by section 

23 105(a), is further amended by adding at the end the fol24 lowing: 


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1 ‘‘§ 30108. Vehicle safety user fee 

2 ‘‘(a) ESTABLISHMENT OF FUND.—There is estab3 lished in the Treasury of the United States a separate ac4 count for the deposit of fees under this section to be 

5 known as the Vehicle Safety Fund. 

6 ‘‘(b) ASSESSMENT AND COLLECTION OF VEHICLE

7 SAFETY FEES.—Beginning 1 year after the date of enact8 ment of the Motor Vehicle Safety Act of 2014, the Sec9 retary shall assess and collect, in accordance with this sec10 tion, a vehicle safety user fee from the manufacturer for 

11 each motor vehicle that is certified as compliant with ap12 plicable motor vehicle safety standards under section 

13 30115. 

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

15 collected under subsection (b) into the Vehicle Safety 

16 Fund established by subsection (a). 

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

18 shall be available to the Secretary, as provided in sub19 section (i), for making expenditures to meet the obliga20 tions of the United States to carry out vehicle safety pro21 grams of the National Highway Traffic Safety Adminis22 tration. 

23 ‘‘(e) VEHICLE SAFETY USER FEE.— 

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

25 The fee assessed under this section for the first 3 

26 years shall be as follows: 


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1 ‘‘(A) $3 for each motor vehicle certified 

2 during the first year in which such fees are as3 sessed. 

4 ‘‘(B) $6 for each motor vehicle certified 

5 during the second year in which such fees are 

6 assessed. 

7 ‘‘(C) $9 for each motor vehicle certified 

8 during the third year in which such fees are as9 sessed. 

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

11 under this section for each motor vehicle certified 

12 after the third year in which such fees are assessed 

13 shall be adjusted by the Secretary by notice pub14 lished in the Federal Register to reflect the total 

15 percentage change that occurred in the Consumer 

16 Price Index for all Urban Consumers for the 12- 

17 month period ending June 30 preceding the fiscal 

18 year for which fees are being established. 

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

20 payment of fees under this section on a quarterly 

21 basis and not later than one quarter after the date 

22 on which the fee was assessed. 

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

24 the date of enactment of the Motor Vehicle Safety Act of 


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1 2014, the Secretary shall promulgate rules governing the 

2 collection and payment of fees under this section. 

3 ‘‘(g) LIMITATIONS.— 

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

5 shall not be collected for a fiscal year unless appro6 priations for vehicle safety programs of the National 

7 Highway Traffic Safety Administration for that fis8 cal year (excluding the amount of fees appropriated 

9 for that fiscal year) are equal to or greater than the 

10 amount of appropriations for vehicle safety pro11 grams of the National Highway Traffic Safety Ad12 ministration for fiscal year 2014. 

13 ‘‘(2) AUTHORITY.—If the Secretary does not 

14 assess fees under this section during any portion of 

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

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

18 notwithstanding subsection (e)(3). 

19 ‘‘(h) COLLECTION OF UNPAID FEES.—If the Sec20 retary does not receive payment of a fee assessed under 

21 this section within 30 days after it is due, the fee shall 

22 be treated as a claim of the United States Government 

23 subject to subchapter II of chapter 37 of title 31. 

24 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—In addi25 tion to funds authorized to be appropriated under section 


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1 30104, there is authorized to be appropriated from the 

2 Vehicle Safety Fund to the Secretary for the National 

3 Highway Traffic Safety Administration for each fiscal 

4 year in which fees are collected under subsection (b) an 

5 amount equal to the total amount collected during the pre6 vious fiscal year from fees assessed under this section. 

7 Such amounts are authorized to remain available until ex8 pended. 

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

10 authorized under subsection (b) shall be collected and 

11 available for obligation only to the extent and in the 

12 amount provided in advance in appropriations Acts.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 for chapter 301 of title 49, United States Code, as amend15 ed by section 108(e), is further amended by inserting after 

16 the item relating to section 30107 the following: 

‘‘30108. Vehicle safety user fee.’’. 

17 SEC. 202. 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 in 

22 fiscal year 1999 and ending in fiscal year 2011.’’ 

23 and inserting the following: ‘‘and to carry out the 

24 Motor Vehicle Safety Act of 2014— 

25 ‘‘(1) $200,000,000 for fiscal year 2015; 


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1 ‘‘(2) $240,000,000 for fiscal year 2016; and 

2 ‘‘(3) $280,000,000 for fiscal year 2017.’’. 

3 TITLE III—ENHANCED SAFETY 

4 AUTHORITIES 

5 SEC. 301. CIVIL PENALTIES. 

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

7 States Code, is amended— 

8 (1) in subsection (a)(1)— 

9 (A) in the first sentence by striking 

10 ‘‘$5,000’’ and inserting ‘‘$25,000’’; and 

11 (B) by striking the third sentence; and 

12 (2) in subsection (a)(3)— 

13 (A) in the second sentence by striking 

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

15 (B) by striking the third sentence. 

16 (b) 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 

19 the issuance of a final rule under section 31203(b) of the 

20 Moving Ahead for Progress in the 21st Century Act (49 

21 U.S.C. 30165 note). 

22 SEC. 302. IMMINENT HAZARD AUTHORITY. 

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

24 States Code, is amended— 

25 (1) in subsection (b)— 


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1 (A) in paragraph (1), by striking ‘‘(1) The 

2 Secretary may’’ and inserting ‘‘(1) IN GEN3 ERAL.—Except as provided under paragraph 

4 (3), the Secretary may’’; 

5 (B) in paragraph (2), by inserting ‘‘OR6 DERS.—’’ before ‘‘If the Secretary’’; and 

7 (C) by adding after paragraph (2) the fol8 lowing: 

9 ‘‘(3) IMMINENT HAZARDS.— 

10 ‘‘(A) DECISIONS AND ORDERS.—If the 

11 Secretary decides that a defect or noncompli12 ance, or combination of both, under subsection 

13 (a) presents an imminent hazard, the Sec14 retary— 

15 ‘‘(i) shall notify the manufacturer of a 

16 motor vehicle or replacement equipment 

17 immediately under subsection (a); and 

18 ‘‘(ii) shall order the manufacturer of 

19 the motor vehicle or replacement equip20 ment to immediately— 

21 ‘‘(I) give notification under sec22 tion 30119 of this title to the owners, 

23 purchasers, and dealers of the vehicle 

24 or equipment of the imminent hazard; 

25 and 


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1 ‘‘(II) remedy the defect or non2 compliance under section 30120 of 

3 this title; 

4 ‘‘(iii) notwithstanding section 30119 

5 or 30120, may order the time for notifica6 tion, means of providing notification, ear7 liest remedy date, and time the owner or 

8 purchaser has to present the motor vehicle 

9 or equipment, including a tire, for remedy; 

10 and 

11 ‘‘(iv) may include in an order under 

12 this subparagraph any other terms or con13 ditions that the Secretary determines nec14 essary to abate the imminent hazard. 

15 ‘‘(B) OPPORTUNITY FOR ADMINISTRATIVE

16 REVIEW.—Subsequent to the issuance of an 

17 order under subparagraph (A), opportunity for 

18 administrative review shall be provided in ac19 cordance with section 554 of title 5, except that 

20 such review shall occur not later than 10 days 

21 after issuance of such order. 

22 ‘‘(C) DEFINITION OF IMMINENT HAZ23 ARD.—In this paragraph, the term ‘imminent 

24 hazard’ means any condition which substanVerDate Mar 15 2010 03:43 Jul 08, 2014 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2559.IS S2559

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1 tially increases the likelihood of serious injury 

2 or death if not remedied immediately.’’; and 

3 (2) in subsection (c), by inserting ‘‘or electronic 

4 mail’’ after ‘‘certified mail’’. 

5 SEC. 303. USED PASSENGER MOTOR VEHICLE CONSUMER 

6 PROTECTION. 

7 (a) IN GENERAL.—Section 30120 of title 49, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘(k) LIMITATION ON SALE OR LEASE OF USED PAS11 SENGER MOTOR VEHICLES.— 

12 ‘‘(1) A dealer may not sell or lease a used pas13 senger motor vehicle until— 

14 ‘‘(A) the dealer clearly and conspicuously 

15 notifies the purchaser or lessee, in writing, of 

16 any notifications of a defect or noncompliance 

17 under section 30118(b) or section 30118(c) of 

18 this title with respect to the used passenger 

19 motor vehicle that have not been remedied; and 

20 ‘‘(B) the purchaser or lessee acknowledges, 

21 in writing, the receipt of the notification under 

22 subparagraph (A). 

23 ‘‘(2) Paragraph (1) shall not apply if— 


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1 ‘‘(A) the defect or noncompliance is rem2 edied under section 30120 of this title before 

3 delivery under the sale or lease; or 

4 ‘‘(B) notification of the defect or non5 compliance is required under section 30118(b), 

6 but enforcement of the order is set aside in a 

7 civil action to which 30121(d) applies. 

8 ‘‘(3) This subsection shall not apply to a dealer 

9 if the recall information regarding a used passenger 

10 motor vehicle was not accessible at the time of sale 

11 or lease using the means established by the Sec12 retary under section 31301 of the Moving Ahead for 

13 Progress in the 21st Century Act (49 U.S.C. 30166 

14 note). 

15 ‘‘(4) In this subsection, notwithstanding section 

16 30102(a)(1) of this title— 

17 ‘‘(A) the term ‘dealer’ means a person that 

18 has sold at least 10 motor vehicles to 1 or more 

19 consumers during the prior 12 months; and 

20 ‘‘(B) the term ‘used passenger motor vehi21 cle’ means a motor vehicle that has previously 

22 been purchased other than for resale. 

23 ‘‘(5) By rule, the Secretary may exempt the 

24 auctioning of a used passenger motor vehicle from 


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1 the requirements of this section to the extent that 

2 the exemption does not harm public safety.’’. 

3 (b) EFFECTIVE DATE.—This section shall take effect 

4 18 months after the date of enactment of this Act. 

Æ 


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