I 
111TH CONGRESS 
2D SESSION 
H. R. 5381 
To require motor vehicle safety standards relating to vehicle electronics and 
to reauthorize and provide greater transparency, accountability, and safe-
ty 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 
A BILL 
To require motor vehicle safety standards relating to vehicle 
electronics and to reauthorize and provide greater trans-
parency, accountability, and safety authority to the Na-
tional Highway Traffic Safety Administration. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Motor Vehicle Safety Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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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. 
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. 
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. 
SEC. 2. DEFINITIONS. 
As used in this Act, the following definitions apply: 
(1) The term ‘‘passenger motor vehicle’’ means 
a motor vehicle (as defined in section 30102(a)(6) of 
title 49, United States Code) that is rated at less 
than 10,000 pounds gross vehicular weight. Such 
term does not include— 
(A) a motorcycle; 
(B) a trailer; or 
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(C) a low speed vehicle (as defined in sec-
tion 571.3 in title 49, Code of Federal Regula-
tions). 
(2) The term ‘‘Secretary’’ means the Secretary 
of Transportation, acting through the Administrator 
of the National Highway Traffic Safety Administra-
tion. 
TITLE 
I—VEHICLE 
ELEC-
TRONICS AND SAFETY STAND-
ARDS 
SEC. 101. ELECTRONICS AND ENGINEERING EXPERTISE. 
(a) CENTER
FOR
VEHICLE
ELECTRONICS
AND 
EMERGING TECHNOLOGIES.—The Secretary shall estab-
lish, within the National Highway Traffic Safety Adminis-
tration, a Center for Vehicle Electronics and Emerging 
Technologies to build, integrate, and aggregate the agen-
cy’s expertise in vehicle electronics and other new and 
emerging technologies. The center shall coordinate with all 
components of the agency responsible for vehicle safety, 
including research and development, rulemaking, and de-
fects investigation. 
(b) HONORS RECRUITMENT PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish, within the National Highway Traffic Safety 
Administration, an honors program for engineering 
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students and other students interested in vehicle 
safety that will enable them to train with engineers 
and other safety officials for a career in vehicle safe-
ty. The Secretary is authorized to provide a stipend 
to students during their participation in the pro-
gram. 
(2) TARGETED STUDENT.—The Secretary shall 
develop a plan to target and make an aggressive out-
reach to recruit the top 10 percent of science, tech-
nology, engineering and mathematics students at-
tending— 
(A) 1890 Land Grant Institutions (as de-
fined in section 2 of the Agricultural Research, 
Extension, and Education Reform Act of 1998 
(7 U.S.C. 7061)); 
(B) Predominantly Black Institutions (as 
defined in section 318 of the Higher Education 
Act of 1965 (20 U.S.C. 1059e)); 
(C) Tribal Colleges or Universities (as de-
fined in section 316(b) of the Higher Education 
Act of 1965 (20 U.S.C. 1059c(b)); and 
(D) Hispanic Serving Institutions (as de-
fined in section 318 of the Higher Education 
Act of 1965 (20 U.S.C. 059e)). 
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SEC. 102. BRAKE OVERRIDE STANDARD. 
(a) UNINTENDED ACCELERATION.—The Secretary 
shall initiate a rulemaking proceeding pursuant to section 
30111 of title 49, United States Code, to prescribe or 
amend a Federal motor vehicle safety standard that would 
mitigate unintended acceleration in passenger motor vehi-
cles. The standard— 
(1) shall establish performance requirements 
that enable a driver to bring a passenger motor vehi-
cle safely to a full stop by normal braking applica-
tion even if the vehicle is simultaneously receiving 
accelerator input signals; 
(2) may permit compliance with such require-
ments through a smart pedal system that requires 
brake pedal application, after a period of time deter-
mined by the Secretary, to override an accelerator 
input signal in order to stop the vehicle; and 
(3) may permit vehicles to incorporate a means 
by which the driver would be able to temporarily dis-
engage the technology or mechanism required under 
paragraph (1) to facilitate operations, such as ma-
neuvering trailers, or other operating conditions, 
that may require the simultaneous operation of the 
service brake and accelerator pedal. 
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(b) DEADLINE.—The Secretary shall issue a final 
rule under subsection (a) within 1 year after the date of 
enactment of this Act. 
SEC. 103. ACCELERATOR CONTROL SYSTEMS. 
(a) IN GENERAL.—The Secretary shall initiate a 
rulemaking proceeding to amend Federal motor vehicle 
safety standard 124 to require that at least 1 redundant 
circuit or other mechanism be built into accelerator control 
systems, including systems controlled by electronic throt-
tle, to maintain vehicle control in the event of failure or 
malfunction in the accelerator control system. 
(b) DEADLINE.—The Secretary shall issue a final 
rule under subsection (a) within 2 years after the date 
of enactment of this Act. 
(c) COMBINED.—If the Secretary considers it appro-
priate, the Secretary may combine the rulemaking pro-
ceeding required by subsection (a) with the rulemaking 
proceeding required by section 102. 
SEC. 104. PEDAL PLACEMENT STANDARD. 
(a) CONSIDERATION OF RULE.—Not later than 18 
months after the date of the enactment of this Act, the 
Secretary shall initiate a rulemaking proceeding pursuant 
to section 30111 of title 49, United States Code, to con-
sider prescribing or amending Federal motor vehicle safety 
standards to prevent the potential obstruction of pedal 
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movement in passenger motor vehicles by establishing 
minimum clearances for passenger motor vehicle foot ped-
als with respect to other pedals and the vehicle floor (in-
cluding aftermarket floor coverings), taking into account 
various pedal mounting configurations. 
(b) DEADLINE FOR DECISION.—If the Secretary de-
termines such safety standards are reasonable, prac-
ticable, and appropriate, the Secretary shall prescribe the 
safety standards described in subsection (a) not later than 
4 years after the date of enactment of this Act. If the 
Secretary determines that no additional safety standards 
are reasonable, practicable, and appropriate the Secretary 
shall transmit a report to the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate describing the reasons such standards were not 
prescribed. 
SEC. 105. ELECTRONIC SYSTEMS PERFORMANCE STAND-
ARD. 
(a) IN GENERAL.—Not later than 2 years after the 
enactment of this Act, the Secretary shall initiate a rule-
making proceeding pursuant to section 30111 of title 49, 
United States Code, to consider requiring electronic sys-
tems in passenger motor vehicles to meet minimum stand-
ards for performance. The Secretary shall consider the 
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findings and recommendations of the National Academy 
of Sciences pursuant to its study of electronic vehicle con-
trols and unintended acceleration. The standard may in-
clude requirements for electronic components, the inter-
action of those electronic components, or the effect of sur-
rounding environments on those electronic systems. 
(b) DEADLINE FOR DECISION.—If the Secretary de-
termines such safety standards are reasonable, prac-
ticable, and appropriate, the Secretary shall prescribe the 
safety standards described in subsection (a) not later than 
4 years after the date of enactment of this Act. If the 
Secretary determines that no additional safety standards 
are reasonable, practicable, and appropriate the Secretary 
shall transmit a report to the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate describing the reasons such standards were not 
prescribed. 
SEC. 106. PUSH-BUTTON IGNITION SYSTEMS STANDARD. 
(a) IN GENERAL.—The Secretary shall initiate a 
rulemaking proceeding pursuant to section 30111 of title 
49, United States Code, to prescribe or amend a Federal 
motor vehicle safety standard for passenger motor vehicles 
equipped with push-button ignition systems, to establish 
the standard operation and function of such systems when 
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used by drivers, including drivers unfamiliar with the vehi-
cle, in an emergency situation when the vehicle is in mo-
tion. 
(b) DEADLINE.—The Secretary shall issue a final 
rule under subsection (a) within 2 years after the date 
of enactment of this Act. 
SEC. 107. TRANSMISSION CONFIGURATION STANDARD. 
(a) IN GENERAL.—The Secretary shall initiate a 
rulemaking proceeding pursuant to section 30111 of title 
49, United States Code, to revise Federal motor vehicle 
safety standard 102, to improve the recognition of the 
gear selector positions for drivers, including drivers unfa-
miliar with the vehicle, and to improve the conspicuity of 
the neutral position. 
(b) DEADLINE.—The Secretary shall issue a final 
rule under subsection (a) within 1 year after the date of 
enactment of this Act. 
SEC. 108. VEHICLE EVENT DATA RECORDERS. 
(a) REQUIRED EVENT DATA RECORDERS.—Not later 
than 6 months after the date of the enactment of this sec-
tion, the Secretary shall modify the regulation contained 
in part 563 of title 49, Code of Federal Regulations, to 
require that passenger motor vehicles sold in the United 
States be equipped with an event data recorder that meets 
the requirements for event data recorders set forth in such 
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part. The Secretary shall require manufacturers to include 
such event data recorders in their entire fleet beginning 
in model year 2015. 
(b) REQUIREMENTS
FOR EVENT DATA RECORD-
ERS.—The Secretary shall initiate a rulemaking pro-
ceeding pursuant to section 30111 of title 49, United 
States Code, to require that the event data recorders re-
quired to be installed in passenger motor vehicles pursuant 
to subsection (a) continuously record vehicle operational 
data that can be stored and accessed for retrieval and 
analysis in accordance with subsections (c) and (d). 
(c) SPECIFICATIONS.—The rule— 
(1) shall require such recorders to store data 
covering a reasonable time before, during, and after 
a crash or airbag deployment, including information 
on engine performance, steering, braking, accelera-
tion, vehicle speed, seat belt use, and airbag deploy-
ment level, deactivation status, deployment time, and 
deployment stage, and may require such recorders to 
store other data, such as data related to vehicle roll-
overs, as the Secretary considers appropriate; 
(2) shall require such recorders to store data 
covering at least a sufficient period of time to cap-
ture all relevant data from a crash, including vehicle 
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rollovers, and shall establish appropriate recording 
times for capturing data prior to a crash event; 
(3) may require such recorders to capture cer-
tain events such as rapid deceleration and full brak-
ing lasting more than 10 seconds, even if there is 
not a crash or airbag deployment; 
(4) may not require information recorded or 
transmitted by such data recorders to include the ve-
hicle location, except for the purposes of emergency 
response; 
(5) shall require that data stored on such re-
corders be accessible, regardless of vehicle manufac-
turer or model, with commercially available equip-
ment; 
(6) shall specify any data format requirements 
or other requirements, including a standardized data 
access port, the Secretary determines appropriate to 
facilitate accessibility and analysis; and 
(7) shall require that such recorders meet at 
least the performance requirements for crash resist-
ance included in part 563 of title 49, Code of Fed-
eral Regulations (as amended January 14, 2008), 
and, if the Secretary determines that these require-
ments do not provide adequate temperature, crash, 
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or water resistance, shall establish such additional 
standards. 
(d) LIMITATIONS ON INFORMATION RETRIEVAL.— 
(1) OWNERSHIP
OF
DATA.—The rule issued 
under subsection (b) shall provide that any data in 
a data recorder required under the rule is the prop-
erty of the owner or lessee of the motor vehicle in 
which the data recorder is installed. 
(2) PRIVACY.—The rule issued under sub-
section (b) shall provide that information recorded 
or transmitted by such a data recorder may not be 
retrieved by a person other than the owner or lessee 
of the motor vehicle in which the recorder is in-
stalled unless— 
(A) a court authorizes retrieval of the in-
formation in furtherance of a legal proceeding; 
(B) the owner or lessee consents to the re-
trieval of the information for any purpose, in-
cluding the purpose of diagnosing, servicing, or 
repairing the motor vehicle; or 
(C) the information is retrieved by a Gov-
ernment motor vehicle safety agency for the 
purpose of improving motor vehicle safety if the 
personally identifiable information of the owner, 
lessee, or driver of the vehicle and the vehicle 
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identification number is not disclosed in connec-
tion with the retrieved information. 
(3) TAMPER
RESISTANCE.—The rule issued 
under subsection (b) shall establish performance re-
quirements for preventing unauthorized access to the 
data stored on such event data recorder in order to 
protect the security, integrity, and authenticity of 
the data. 
(e) DISCLOSURE OF EXISTENCE AND PURPOSE OF 
EVENT DATA RECORDER.—The rule issued under sub-
section (a) shall provide that any owner’s manual or simi-
lar documentation provided to the first purchaser of a pas-
senger motor vehicle for purposes other than resale shall 
disclose that the vehicle is equipped with such a data re-
corder and explain the purpose of the recorder. 
(f) ACCESS TO EVENT DATA RECORDERS IN DEFECT 
INVESTIGATIONS.—Section 30166(c)(3)(C) of title 49, 
United States Code, is amended by inserting ‘‘, including 
any electronic data contained within the vehicle’s diag-
nostic system or event data recorder’’ after ‘‘equipment’’. 
(g) DEADLINE FOR RULEMAKING.—The Secretary 
shall issue a final rule under subsection (a) not later than 
3 years after the date of enactment of this Act. 
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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 
regulations regarding public access to information sub-
mitted 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 that are exempt from public disclosure under 
section 552(b) of title 5, United States Code. 
(c) CONSULTATION.—In conducting the rulemaking 
required under subsection (a), the Secretary shall consult 
with the Director of the Office of Government Information 
Services within the National Archives and the Director of 
the Office of Information Policy of the Department of Jus-
tice. 
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(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 com-
plaints. 
(e) NULLIFICATION OF PRIOR REGULATIONS.—Be-
ginning 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. 
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— 
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(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 presen-
tation 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 vehi-
cle identification number in a format that preserves con-
sumer privacy. The Secretary may initiate a rulemaking 
proceeding 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-
licly accessible Internet Web site,’’ after ‘‘Secretary of 
Transportation’’. 
SEC. 203. PROMOTION OF VEHICLE DEFECT REPORTING. 
Section 32302 of title 49, United States Code, is 
amended by adding at the end the following: 
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‘‘(d) MOTOR VEHICLE DEFECT REPORTING INFOR-
MATION.— 
‘‘(1) RULEMAKING REQUIRED.—Within 1 year 
after the date of enactment of the Motor Vehicle 
Safety Act of 2010 the Secretary shall prescribe reg-
ulations that require passenger motor vehicle manu-
facturers to affix, in the glove compartment or in 
another readily accessible location on the vehicle, a 
sticker, decal, or other device that provides, in sim-
ple and understandable 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 required 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.’’. 
SEC. 204. NHTSA HOTLINE FOR MANUFACTURER, DEALER, 
AND MECHANIC PERSONNEL. 
The Secretary shall— 
(1) establish a means by which mechanics, 
automobile dealership personnel, and automobile 
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manufacturer personnel may contact the National 
Highway Traffic Safety Administration directly and 
confidentially regarding potential passenger auto-
mobile safety defects; and 
(2) publicize the means for contacting the Na-
tional Highway Traffic Safety Administration in a 
manner that targets mechanics, automobile dealer-
ship 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 fol-
lowing: 
‘‘(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 
residing in the United States certify that— 
‘‘(1) the signing official has reviewed the sub-
mission; and 
‘‘(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 
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light of the circumstances under which such state-
ments 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 in-
formation to the Secretary, after certifying the same 
information as accurate and complete under the cer-
tification 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 
violations 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: 
‘‘(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 
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committed to agency discretion within the meaning of sec-
tion 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 District of Columbia Circuit not more than 180 
days after notice 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 Sen-
ate Committee on Commerce, Science, and Trans-
portation and explain why that deadline cannot be 
met; and 
(2) establish a new deadline for that rule. 
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 Depart-
ment of Transportation shall complete a study of the utili-
zation of Early Warning data by the National Highway 
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Traffic Safety Administration (NHTSA). Each study shall 
evaluate 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 
system. 
(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 
result in a finding of a safety defect or recall by the 
agency. 
(7) Other information the Office of the Inspec-
tor General deems appropriate. 
(b) REPORT ON OPERATIONS OF THE CENTER FOR 
VEHICLE
ELECTRONICS
AND
EMERGING
TECH-
NOLOGIES.—Not later than 3 years after the date of en-
actment of this Act, the Secretary shall report to Congress 
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regarding the operations of the Center for Vehicle Elec-
tronics and Emerging Technologies. Such report shall in-
clude information about the accomplishments of the Cen-
ter, the role the Center plays in integrating and aggre-
gating expertise across NHTSA, and priorities of the Cen-
ter 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 
Secretary 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 
program. The report shall include information regard-
ing— 
(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; 
(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 
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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 
Commerce, Science, and Transportation of the Senate 
upon completion. 
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: 
‘‘§ 30107. Vehicle Safety User Fee 
‘‘(a) ESTABLISHMENT OF FUND.—There is estab-
lished in the Treasury of the United States a separate ac-
count 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 Sec-
retary shall assess and collect, in accordance with this sec-
tion, a vehicle safety user fee from the manufacturer for 
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each motor vehicle that is certified as compliant with ap-
plicable motor vehicle safety standards pursuant to section 
30115. 
‘‘(c) DEPOSIT.—The Secretary shall deposit any fees 
collected pursuant to subsection (b) into the Vehicle Safe-
ty Fund established by subsection (a). 
‘‘(d) USE.—Amounts in the Vehicle Safety Fund 
shall be available to the Secretary, as provided in sub-
section (i), for making expenditures to meet the obliga-
tions of the United States to carry out vehicle safety pro-
grams of the National Highway Traffic Safety Adminis-
tration. 
‘‘(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 
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adjusted by the Secretary by notice published in the 
Federal Register to reflect the total percentage 
change that occurred in the Consumer Price Index 
for all Urban Consumers for the 12-month period 
ending June 30 preceding the fiscal year for which 
fees are being established. 
‘‘(3) PAYMENT.—The Secretary shall require 
payment of fees under this section on a quarterly 
basis and not later than one quarter after the date 
on which the fee was assessed. 
‘‘(f) RULEMAKING.—Not later than 9 months after 
the date of enactment of the Motor Vehicle Safety Act of 
2010, 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 appro-
priations for vehicle safety programs of the National 
Highway Traffic Safety Administration for such fis-
cal year (excluding the amount of fees appropriated 
for such fiscal year) are equal to or greater than the 
amount of appropriations for vehicle safety pro-
grams of the National Highway Traffic Safety Ad-
ministration for fiscal year 2010. 
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‘‘(2) AUTHORITY.—If the Secretary does not 
assess fees under this section during any portion of 
a fiscal year because of paragraph (1), the Secretary 
may assess and collect such fees, without any modi-
fication in the rate, at a later date in such fiscal 
year notwithstanding the provisions of subsection 
(e)(3) relating 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 
Government subject to subchapter II of chapter 37 of title 
31. 
‘‘(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 collected 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 
authorized to remain available until expended. 
‘‘(j) CREDITING AND AVAILABILITY OF FEES.—Fees 
authorized under subsection (b) shall be collected and 
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available 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: 
‘‘30107. 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 
‘‘(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’’; 
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(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 
considered. This shall include, where appropriate, the na-
ture of the defect or noncompliance, the severity of the 
risk of injury, the occurrence or absence of injury, the 
number of motor vehicles or items of motor vehicle equip-
ment distributed with the defect or noncompliance, the ex-
istence 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 ad-
verse economic impacts on small businesses, and such 
other factors as appropriate.’’. 
(b) CIVIL PENALTY CRITERIA.—Not later than 1 
year after the date of enactment of this Act, and in ac-
cordance with the procedures of section 553 of title 5, 
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United States Code, the Secretary shall issue a final regu-
lation providing its interpretation of the penalty factors 
described in section 30165(c) of title 49, United States 
Code, as added by subsection (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 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 Sec-
retary shall expedite proceedings for a decision and 
order under paragraph (1) and shall, as appropriate, 
issue an imminent hazard order.’’. 
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