(2) including an accounting for the use of Fed-
eral funds obligated or expended in carrying out that 
effort. 
(c) AUTHORIZATION.—From amounts appropriated 
under section 30104 of title 49, United States Code, the Sec-
retary is authorized to expend $8,000,000 during each of 
fiscal years 2011 through 2015 to conduct the research re-
quired under this section. 
TITLE II—TRANSPARENCY AND 
ACCOUNTABILITY 
SEC. 201. PUBLIC AVAILABILITY OF EARLY WARNING DATA. 
(a) IN GENERAL.—Section 30166(m) of title 49, 
United States Code, is amended by in paragraph (4), by 
striking subparagraph (C) and inserting the following: 
‘‘(C) DISCLOSURE.—The information pro-
vided to the Secretary pursuant to this sub-
section 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 regu-
lations regarding public access to information submitted 
pursuant to section 30166(m). The Secretary may establish 
categories of information provided pursuant to such section 
that must be made available to the public and categories 
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that are exempt from public disclosure under section 552(b) 
of title 5, United States Code. 
(c) CONSULTATION.—In conducting the rulemaking re-
quired under subsection (a), the Secretary shall consult with 
the Director of the Office of Government Information Serv-
ices within the National Archives and the Director of the 
Office of Information Policy of the Department of Justice. 
(d) PRESUMPTION AND LIMITATION.—The Secretary 
shall issue the regulations with a presumption in favor of 
maximum public availability of information. The following 
types of information shall not be eligible for protection 
under section 552(b)(4) of title 5, United States Code, and 
shall not be withheld from public disclosure: 
(1) Production information regarding passenger 
motor vehicles, information on incidents involving 
death or injury, and numbers of property damage 
claims. 
(2) Aggregated numbers of consumer complaints. 
(e) NULLIFICATION OF PRIOR REGULATIONS.—Begin-
ning 2 years after the date of the enactment of this Act, 
the regulations establishing early warning reporting class 
determinations in Appendix C of section 512 of title 49, 
Code of Federal Regulations, shall have no force or effect. 
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SEC. 202. IMPROVED NHTSA VEHICLE SAFETY DATABASE. 
(a) IN GENERAL.—Not later than 2 years after the 
date of the enactment of this Act, the Secretary shall im-
prove public accessibility to information on the National 
Highway Traffic Safety Administration’s publicly acces-
sible vehicle safety databases by— 
(1) improving organization and functionality, 
including design features such as drop-down menus, 
and allowing for data to be searched, aggregated, and 
downloaded; 
(2) providing greater consistency in presentation 
of vehicle safety issues; and 
(3) improving searchability about specific vehi-
cles and issues through standardization of commonly 
used search terms. 
(b) VEHICLE RECALL INFORMATION.—The Secretary 
shall require that motor vehicle recall information be made 
available to consumers on the Internet, searchable by vehicle 
identification number in a format that preserves consumer 
privacy. The Secretary may initiate a rulemaking pro-
ceeding to require that such information be available on 
manufacturer websites or through other reasonable means. 
(c) ACCESSIBILITY OF MANUFACTURER COMMUNICA-
TIONS.—Section 30166(f) of title 49, United States Code, 
is amended by inserting ‘‘, and make available on a pub-
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licly accessible Internet website,’’ after ‘‘Secretary of Trans-
portation’’. 
SEC. 203. PROMOTION OF VEHICLE DEFECT REPORTING. 
Section 32302 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(d) MOTOR VEHICLE DEFECT REPORTING INFORMA-
TION.— 
‘‘(1) RULEMAKING REQUIRED.—Within 1 year 
after the date of enactment of the Motor Vehicle Safety 
Act of 2010 the Secretary shall prescribe regulations 
that require passenger motor vehicle manufacturers to 
affix, in the glove compartment or in another readily 
accessible location on the vehicle, a sticker, decal, or 
other device that provides, in simple and understand-
able language, information about how to submit a 
safety-related motor vehicle defect complaint with the 
National Highway Traffic Safety Administration. 
The information may not be placed on the label re-
quired by section 3 of the Automobile Information 
Disclosure Act (15 U.S.C. 1232). 
‘‘(2) APPLICATION.—The requirements estab-
lished under paragraph (1) shall apply to passenger 
motor vehicles manufactured in model years begin-
ning more than 1 year after the date on which a final 
rule is published under that paragraph.’’. 
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SEC. 204. NHTSA HOTLINE FOR MANUFACTURER, DEALER, 
AND MECHANIC PERSONNEL. 
The Secretary shall— 
(1) establish a means by which mechanics, auto-
mobile dealership personnel, and automobile manu-
facturer personnel may contact the National Highway 
Traffic Safety Administration directly and confiden-
tially regarding potential passenger automobile safety 
defects; and 
(2) publicize the means for contacting the Na-
tional Highway Traffic Safety Administration in a 
manner that targets mechanics, automobile dealership 
personnel, and manufacturer personnel. 
SEC. 205. CORPORATE RESPONSIBILITY FOR NHTSA RE-
PORTS. 
(a) IN GENERAL.—Section 30166 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(o) CORPORATE RESPONSIBILITY FOR REPORTS.— 
The Secretary shall require, for each company submitting 
information to the Secretary in response to a request for 
information in a safety or compliance investigation under 
this chapter, that a senior official responsible for safety re-
siding in the United States certify that— 
‘‘(1) the signing official has reviewed the submis-
sion; and 
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‘‘(2) based on the official’s knowledge, the sub-
mission does not contain any untrue statement of a 
material fact or omit to state a material fact nec-
essary in order to make the statements made, in light 
of the circumstances under which such statements 
were made, not misleading.’’. 
(b) CIVIL PENALTY.—Section 30165(a) of title 49, 
United States Code, is amended— 
(1) by striking ‘‘A person’’ in paragraph (3) and 
inserting ‘‘Except as provided in paragraph (4), a 
person’’; and 
(2) by adding at the end thereof the following: 
‘‘(4) FALSE, MISLEADING, OR INCOMPLETE RE-
PORTS.—A person who knowingly and willfully sub-
mits materially false, misleading, or incomplete infor-
mation to the Secretary, after certifying the same in-
formation as accurate and complete under the certifi-
cation 
process 
established 
pursuant 
to 
section 
30166(o), shall be subject to a civil penalty of not 
more than $5,000 per day. The maximum penalty 
under this paragraph for a related series of daily vio-
lations is $5,000,000.’’. 
SEC. 206. APPEAL OF DEFECT PETITION REJECTION. 
Section 30162 of title 49, United States Code, is 
amended by adding at the end the following: 
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‘‘(f) JUDICIAL REVIEW.—A decision of the Secretary 
to deny a petition filed under subsection (a)(2) of this sec-
tion is agency action subject to judicial review under chap-
ter 7 of title 5, and such action shall not be considered com-
mitted to agency discretion within the meaning of section 
701(a)(2) of such title. A person aggrieved by the denial 
of a petition may obtain judicial review by filing an action 
in the court of appeals of the United States for the circuit 
in which the person resides or has its principal place of 
business or the United States Court of Appeals for the Dis-
trict of Columbia Circuit not more than 180 days after no-
tice of the denial of the petition is published in the Federal 
Register.’’. 
SEC. 207. DEADLINES FOR RULEMAKING. 
If the Secretary determines that a deadline for a final 
rule under this Act, or an amendment made by this Act, 
cannot be met, the Secretary shall— 
(1) notify the Committee on Energy and Com-
merce of the House of Representatives and the Senate 
Committee on Commerce, Science, and Transpor-
tation and explain why that deadline cannot be met; 
and 
(2) establish a new deadline for that rule. 
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SEC. 208. REPORTS TO CONGRESS. 
(a) STUDY ON EARLY WARNING DATA.—Not later than 
3, 5, 7, and 9 years after the date of enactment of this Act, 
the Office of the Inspector General of the Department of 
Transportation shall complete a study of the utilization of 
Early Warning data by the National Highway Traffic 
Safety Administration (NHTSA). Each study shall evalu-
ate the following: 
(1) The number and type of requests for infor-
mation made by the NHTSA based on data received 
in the Early Warning Reporting system. 
(2) The number of safety defect investigations 
opened by NHTSA using any information reported to 
the agency through the Early Warning Reporting sys-
tem. 
(3) The nature and vehicle defect category of all 
such safety defect investigations. 
(4) The number of investigations described in 
paragraph (2) that are subsequently closed without 
further action. 
(5) The duration of each investigation described 
in paragraph (2) 
(6) The percentage of each investigation that re-
sult in a finding of a safety defect or recall by the 
agency. 
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(7) Other information the Office of the Inspector 
General deems appropriate. 
(b) REPORT ON OPERATIONS OF THE CENTER FOR VE-
HICLE ELECTRONICS AND EMERGING TECHNOLOGIES.— 
Not later than 3 years after the date of enactment of this 
Act, the Secretary shall report to Congress regarding the 
operations of the Center for Vehicle Electronics and Emerg-
ing Technologies. Such report shall include information 
about the accomplishments of the Center, the role the Center 
plays in integrating and aggregating expertise across 
NHTSA, and priorities of the Center over the next 5 years. 
(c) STUDY OF CRASH DATA COLLECTION.—Not later 
than 1 year after the date of enactment of this Act, the Sec-
retary shall issue a report regarding the quality of data 
collected through the National Automotive Sampling Sys-
tem, including the Special Crash Investigations, and rec-
ommendations for improvements to this data collection pro-
gram. The report shall include information regarding— 
(1) the analysis and conclusions NHTSA can 
reach based on the amount of data collected in a 
given year, and the additional analysis and conclu-
sions NHTSA could reach if more crash investiga-
tions were conducted each year; 
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(2) the number of investigations per year that 
would allow for optimal data analysis and crash in-
formation; 
(3) the results of a comprehensive review of the 
data elements collected from each crash to determine 
if additional data should be collected; which review 
shall include input from interested parties, such as 
suppliers, automakers, safety advocates, the medical 
community and research organizations; and 
(4) the resources that would be necessary for 
NHTSA to implement these recommendations. 
(d) SUBMISSION OF REPORTS.—Each report shall be 
submitted to the Committee on Energy and Commerce of 
the House of Representatives and to the Committee on Com-
merce, Science, and Transportation of the Senate upon 
completion. 
SEC. 209. RESTRICTION ON COVERED VEHICLE SAFETY OF-
FICIALS. 
(a) AMENDMENT.—Subchapter I of chapter 301 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘§ 30107. Restriction on covered vehicle safety officials 
‘‘(a) IN GENERAL.—For a period of 1 year after the 
termination of his or her service or employment, a covered 
vehicle safety official shall not knowingly make, with the 
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search, and any officer or employee of the National High-
way Transportation Safety Administration serving in a su-
pervisory or management capacity over such officers or em-
ployees. 
‘‘(e) SPECIAL RULE FOR DETAILEES.—For purposes 
of this section, a person who is detailed from one depart-
ment, agency, or other entity to another department, agen-
cy, or other entity shall, during the period such person is 
detailed, be deemed to be an officer or employee of both de-
partments, agencies, or such entities. 
‘‘(f) EXCEPTION FOR TESTIMONY.—Nothing in this 
section shall prevent an individual from giving testimony 
under oath, or from making statements required to be made 
under penalty of perjury.’’. 
(b) CIVIL PENALTY.—Section 30165(a) of title 49, 
United States Code, as amended by section 205, is further 
amended by adding at the end the following: 
‘‘(5) SECTION 30107.—A person who violates sec-
tion 30107 shall be subject to a civil penalty of not 
more than $55,000.’’. 
(c) CONFORMING AMENDMENT.—The table of contents 
for chapter 301 of title 49, United States Code, is amended 
by inserting after the item relating to section 30106 the fol-
lowing: 
‘‘30107. Restriction on covered vehicle safety officials.’’. 
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TITLE III—FUNDING 
SEC. 301. VEHICLE SAFETY USER FEE. 
(a) AMENDMENT.—Subchapter I of chapter 301 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘§ 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 enact-
ment of the Motor Vehicle Safety Act of 2010, the Secretary 
shall assess and collect, in accordance with this section, a 
vehicle safety user fee from the manufacturer for each motor 
vehicle that is certified as compliant with applicable motor 
vehicle safety standards pursuant to section 30115. 
‘‘(c) DEPOSIT.—The Secretary shall deposit any fees 
collected pursuant to subsection (b) into the Vehicle Safety 
Fund established by subsection (a). 
‘‘(d) USE.—Amounts in the Vehicle Safety Fund shall 
be available to the Secretary, as provided in subsection (i), 
for making expenditures to meet the obligations of the 
United States to carry out vehicle safety programs of the 
National Highway Traffic Safety Administration. 
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‘‘(e) VEHICLE SAFETY USER FEE.— 
‘‘(1) FIRST, SECOND, AND THIRD YEAR FEES.— 
The fee assessed under this section for the first three 
years shall be as follows: 
‘‘(A) $3 for each vehicle certified during the 
first year in which such fees are assessed. 
‘‘(B) $6 for each vehicle certified during the 
second year in which such fees are assessed. 
‘‘(C) $9 for each vehicle certified during the 
third year in which such fees are assessed. 
‘‘(2) SUBSEQUENT
YEARS.—The fee assessed 
under this section for each vehicle certified after the 
third year in which such fees are assessed shall be ad-
justed by the Secretary by notice published in the 
Federal Register to reflect the total percentage change 
that occurred in the Consumer Price Index for all 
Urban Consumers for the 12 month period ending 
June 30 preceding the fiscal year for which fees are 
being established. 
‘‘(3) PAYMENT.—The Secretary shall require 
payment of fees under this section on a quarterly 
basis and not later than one quarter after the date on 
which the fee was assessed. 
‘‘(f) RULEMAKING.—Not later than 9 months after the 
date of enactment of the Motor Vehicle Safety Act of 2010, 
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the Secretary shall promulgate rules governing the collection 
and payment of fees pursuant to this section. 
‘‘(g) LIMITATIONS.— 
‘‘(1) IN GENERAL.—Fees under this section shall 
not be collected for a fiscal year unless appropriations 
for vehicle safety programs of the National Highway 
Traffic Safety Administration for such fiscal year 
(excluding the amount of fees appropriated for such 
fiscal year) are equal to or greater than the amount 
of appropriations for vehicle safety programs of the 
National Highway Traffic Safety Administration for 
fiscal year 2010. 
‘‘(2) AUTHORITY.—If the Secretary does not as-
sess fees under this section during any portion of a 
fiscal year because of paragraph (1), the Secretary 
may assess and collect such fees, without any modi-
fication in the rate, at a later date in such fiscal year 
notwithstanding the provisions of subsection (e)(3) re-
lating to the date fees are to be paid. 
‘‘(h) COLLECTION OF UNPAID FEES.—In any case 
where the Secretary does not receive payment of a fee as-
sessed under this section within 30 days after it is due, such 
fee shall be treated as a claim of the United States Govern-
ment subject to subchapter II of chapter 37 of title 31. 
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‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to funds appropriated under section 30104, there is 
authorized to be appropriated from the Vehicle Safety Fund 
to the Secretary for the National Highway Traffic Safety 
Administration for each fiscal year in which fees are col-
lected under subsection (b) an amount equal to the total 
amount collected during the previous fiscal year from fees 
assessed pursuant to this section. Such amounts are author-
ized to remain available until expended. 
‘‘(j) CREDITING AND AVAILABILITY OF FEES.—Fees 
authorized under subsection (b) shall be collected and avail-
able for obligation only to the extent and in the amount 
provided in advance in appropriations Acts.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by inserting after the item relating to 
section 30106 the following: 
‘‘30108. Vehicle safety user fee.’’. 
SEC. 302. AUTHORIZATION OF APPROPRIATIONS. 
Section 30104 of title 49, United States Code, is 
amended— 
(1) by striking ‘‘$98,313,500’’; and 
(2) by striking ‘‘in each fiscal year beginning’’ 
and all that follows and inserting ‘‘and to carry out 
the Motor Vehicle Safety Act of 2010— 
‘‘(1) $200,000,000 for fiscal year 2011; 
‘‘(2) $240,000,000 for fiscal year 2012; and 
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‘‘(3) $280,000,000 for fiscal year 2013.’’. 
TITLE IV—ENHANCED SAFETY 
AUTHORITIES 
SEC. 401. CIVIL PENALTIES. 
(a) IN GENERAL.—Section 30165 of title 49, United 
States Code, is amended— 
(1) in subsection (a)(1)— 
(A) in the first sentence by striking 
‘‘$5,000’’ and inserting ‘‘$25,000’’; and 
(B) in the third sentence, by striking 
‘‘$15,000,000’’ and inserting ‘‘$200,000,000’’; 
(2) in subsection (a)(3)— 
(A) in the second sentence by striking 
‘‘$5,000’’ and inserting ‘‘$25,000’’ ; and 
(B) in the third sentence, by striking 
‘‘$15,000,000’’ and inserting ‘‘$200,000,000’’; 
and 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) RELEVANT FACTORS IN DETERMINING AMOUNT 
OF
PENALTY
OR
COMPROMISE.—In determining the 
amount of a civil penalty or compromise, the nature, cir-
cumstances, extent, and gravity of the violation shall be con-
sidered. This shall include, where appropriate, the nature 
of the defect or noncompliance, the severity of the risk of 
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injury, the occurrence or absence of injury, the number of 
motor vehicles or items of motor vehicle equipment distrib-
uted with the defect or noncompliance, the existence of an 
imminent hazard, the appropriateness of such penalty in 
relation to the size of the business of the person charged, 
recognizing the potential for undue adverse economic im-
pacts on small businesses, and such other factors as appro-
priate.’’. 
(b) CIVIL PENALTY CRITERIA.—Not later than 1 year 
after the date of enactment of this Act, and in accordance 
with the procedures of section 553 of title 5, United States 
Code, the Secretary shall issue a final regulation providing 
its interpretation of the penalty factors described in section 
30165(c) of title 49, United States Code, as added by sub-
section (a). 
(c) CONSTRUCTION.—Nothing in this section shall be 
construed as preventing the imposition of penalties under 
section 30165 of title 49, United States Code, prior to the 
issuance of a final rule pursuant to subsection (b). 
SEC. 402. IMMINENT HAZARD AUTHORITY. 
(a) IN GENERAL.—Section 30118(b) of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(3) IMMINENT HAZARD ORDERS.—If the Sec-
retary of Transportation in making a decision under 
subsection (a) also initially decides that such defect or 
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noncompliance presents a substantial likelihood of 
death or serious injury to the public, the Secretary 
shall notify such manufacturer. The opportunity for 
the manufacturer to present information, views, and 
arguments in accordance with paragraph (1) shall be 
provided as soon as practicable but not later than 10 
calendar days after the initial decision. The Secretary 
shall expedite proceedings for a decision and order 
under paragraph (1) and shall, as appropriate, issue 
an imminent hazard order.’’. 
(b) PROCEDURES.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall issue pro-
cedures for the issuance and enforcement of imminent haz-
ard orders under section 30118(b)(3) of title 49, United 
States Code (as added by subsection (a)), consistent with 
the provisions of chapter 301 of such title and the Adminis-
trative Procedures Act. 
TITLE V—ADDITIONAL 
PROVISIONS 
SEC. 501. PREEMPTION OF STATE LAW. 
(a) CONGRESSIONAL AUTHORIZATION REQUIRED.— 
Notwithstanding any other provision of law, the Secretary 
shall not publish a rule pursuant to section 30111 of title 
49, United States Code, that addresses the issue of preemp-
tion of State law seeking damages for personal injury, 
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death, or property damage unless Congress expressly au-
thorizes the Secretary to address such preemption. 
(b) PREEMPTION LANGUAGE.—Any language address-
ing the issue of preemption contained within regulations 
issued by the Secretary pursuant to section 30111 of title 
49, United States Code, during the years 2005 through 2008 
shall not be considered in determining whether any such 
rule preempts any action under State law seeking damages 
for personal injury, death, or property damage unless Con-
gress expressly authorizes the Secretary to address such pre-
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 
to vehicle electronics and to reauthorize and pro-
vide greater transparency, accountability, and 
safety authority to the National Highway Traffic 
Safety Administration. 
JULY 14, 2010 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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