I 
119TH CONGRESS 
2D SESSION 
H. R. 7389 
To modernize the motor vehicle safety programs of the National Highway 
Traffic Safety Administration, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 5, 2026 
Mr. GUTHRIE introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To modernize the motor vehicle safety programs of the Na-
tional Highway Traffic Safety Administration, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Motor Vehicle Mod-
ernization Act of 2026’’. 
SEC. 2. DEFINITIONS. 
(a) APPLICABILITY OF CERTAIN DEFINITIONS.—The 
definitions in section 30102(a) of title 49, United States 
Code, apply to this Act. 
(b) OTHER DEFINITIONS.—In this Act: 
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(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the National Highway Traffic Safety 
Administration. 
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the National 
Highway Traffic Safety Administration. 
(3) 
ADS-EQUIPPED
VEHICLE.—The 
term 
‘‘ADS-equipped vehicle’’ means a motor vehicle 
equipped with an automated driving system. 
(4) AUTOMATED DRIVING SYSTEM.—The term 
‘‘automated driving system’’— 
(A) means hardware and software that are 
collectively capable of performing the entire dy-
namic driving task on a sustained basis, regard-
less of whether such system is limited to a spe-
cific operational design domain; and 
(B) includes only a system that meets the 
definition of Level 3, Level 4, or Level 5 auto-
mation. 
(5) DYNAMIC DRIVING TASK.—The term ‘‘dy-
namic driving task’’— 
(A) means each real-time operational and 
tactical function required to operate a motor ve-
hicle in on-road traffic; 
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(B) excludes any strategic function, such 
as trip scheduling and selection of a destination 
or waypoint; and 
(C) includes— 
(i) lateral vehicle motion control 
through steering; 
(ii) 
longitudinal 
motion 
control 
through acceleration and deceleration; 
(iii) monitoring of the driving environ-
ment through object and event detection, 
recognition, classification, and response 
preparation; 
(iv) object and event response execu-
tion; 
(v) maneuver planning; and 
(vi) 
enhancement 
of 
conspicuity 
through lighting, sounding the horn, sig-
naling, gesturing, or another indicator. 
(6) LEVEL
1; LEVEL
2; LEVEL
3; LEVEL
4; 
LEVEL 5.—The terms ‘‘Level 1’’, ‘‘Level 2’’, ‘‘Level 
3’’, ‘‘Level 4’’, and ‘‘Level 5’’ have the meaning 
given those terms in the April 2021 edition of the 
J3016 recommended practice of SAE International, 
‘‘Taxonomy and Definitions for Terms Related to 
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Driving Automation Systems for On-Road Motor Ve-
hicles’’. 
(7) NEW CAR ASSESSMENT PROGRAM; NCAP.— 
The terms ‘‘New Car Assessment Program’’ and 
‘‘NCAP’’ mean the program established by the Sec-
retary pursuant to section 32302 of title 49, United 
States Code, to develop comparative information on 
the safety performance of passenger motor vehicle 
safety technologies to assist consumers with pur-
chasing decisions and encourage manufacturers to 
improve the safety of passenger motor vehicles. 
(8) PASSENGER
MOTOR
VEHICLE.—The term 
‘‘passenger motor vehicle’’ has the meaning given 
that term in section 32101 of title 49, United States 
Code. 
(9) 
RELEVANT
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘relevant congressional commit-
tees’’ means the Committee on Energy and Com-
merce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Transportation. 
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SEC. 3. MOTOR VEHICLE SAFETY RULEMAKING AND RE-
SEARCH PRIORITY PLAN. 
(a) PRIORITY PLAN REQUIREMENT.—The Adminis-
trator shall develop, and regularly update, a comprehen-
sive motor vehicle safety rulemaking and research priority 
plan (in this section referred to as the ‘‘priority plan’’). 
(b) PRIORITY PLAN CONTENTS.—Each priority plan 
submitted and published under subsection (c) shall include 
the following: 
(1) A list of each motor vehicle safety rule-
making planned for the 36-month period beginning 
on the date on which the priority plan is submitted 
and published under subsection (c), including the 
following information with respect to each such rule-
making: 
(A) Any statutory authority, mandate, or 
deadline for such rulemaking. 
(B) The status of any research required to 
support such rulemaking and a link to a pub-
licly accessible website that contains such re-
search. 
(C) Whether any motor vehicle safety tech-
nology relevant to such rulemaking has been in-
cluded in the NCAP. 
(D) Whether manufacturers or other enti-
ties with expertise in the engineering and test-
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ing of motor vehicles have developed perform-
ance test criteria for evaluating any such motor 
vehicle safety technology and whether such cri-
teria could be used or modified to meet the ob-
jectives of such rulemaking. 
(E) The timing of expected milestones with 
respect to such rulemaking, including an ad-
vance notice of proposed rulemaking, a notice of 
proposed rulemaking, and a final rule. 
(2) A list of the research priorities that the Ad-
ministration anticipates working on (without regard 
to whether a rulemaking is planned or any research 
has been finalized) during the 36-month period be-
ginning on the date on which the priority plan is 
submitted and published under subsection (c), in-
cluding information on the following: 
(A) The objectives of such research prior-
ities, including an identification of any rule-
making to be supported by a research priority. 
(B) Any information, data, or evidence 
gathered in the NCAP with respect to such re-
search priorities. 
(C) The timing of expected milestones with 
respect to such research priorities. 
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(3) Except with respect to the initial priority 
plan submitted and published under subsection (c), 
a comparison of the contents of the priority plan to 
the contents of the previous version of the priority 
plan submitted and published under subsection (c). 
(4) A list of each motor vehicle safety rule-
making required by an Act of Congress but not in-
cluded in the priority plan and a timeline of when 
the Administration intends to complete each such 
rulemaking. 
(c) SUBMISSION; PUBLICATION.—Not later than 2 
years after the date of the enactment of this Act, and 
every 2 years thereafter, the Administrator shall— 
(1) submit the priority plan to the relevant con-
gressional committees; and 
(2) publish the priority plan on the website of 
the Administration. 
(d) FAILURE TO COMPLY.—If the Administrator fails 
to submit or publish the priority plan under subsection 
(c) by a date required under such subsection, the Adminis-
trator, not later than 30 days after such date, shall submit 
to the relevant congressional committees a written report 
that describes the reasons for such failure and provides 
an updated timeline and plan for submitting or publishing 
the priority plan. 
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SEC. 4. NEW CAR ASSESSMENT PROGRAM REFORM. 
(a) NEW CAR ASSESSMENT PROGRAM OFFICE.— 
(1) ESTABLISHMENT.—The Administrator shall 
establish an office within the Administration to be 
known as the Office of the New Car Assessment 
Program (in this section referred to as the ‘‘NCAP 
Office’’). 
(2) ASSOCIATE
ADMINISTRATOR.—The NCAP 
Office shall be led by an Associate Administrator 
who is selected by the Administrator and who has 
expertise in motor vehicle safety. 
(3) DUTIES.—The duties of the Associate Ad-
ministrator of the NCAP Office shall be the fol-
lowing: 
(A) Advise the Administrator on each func-
tion of the NCAP. 
(B) Administer the NCAP. 
(C) Establish roadmaps for the implemen-
tation of the NCAP under section 32310 of title 
49, United States Code (as amended by para-
graph (4) of this subsection). 
(D) Establish a process for reporting re-
sults of the voluntary performance testing pro-
gram under paragraph (5) of this subsection. 
(E) Conduct consumer education activities 
under paragraph (6) of this subsection. 
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(F) Engage with the NCAP Advisory Com-
mittee established under subsection (b)(1) of 
this section, manufacturers, other relevant 
stakeholders, and the public as the primary rep-
resentative of the NCAP. 
(G) Evaluate and make determinations on 
including passenger motor vehicle safety tech-
nologies in the NCAP, including by— 
(i) evaluating the reported results 
pursuant to paragraph (5) of this sub-
section; and 
(ii) evaluating recommendations made 
by the NCAP Advisory Committee pursu-
ant to subsection (b)(6)(D) of this section. 
(H) Carry out any other related duties as 
determined appropriate by the Administrator. 
(4) NEW
CAR
ASSESSMENT
PROGRAM
ROAD-
MAP.—Section 32310 of title 49, United States 
Code, is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘4’’ and inserting ‘‘3’’; 
and 
(ii) by striking ‘‘the Secretary of 
Transportation (referred to in this section 
as the ‘Secretary’)’’ and inserting ‘‘the As-
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sociate Administrator, in consultation with 
the NCAP Advisory Committee,’’; 
(B) in subsection (c)(3)(C), by striking 
‘‘Secretary’’ and inserting ‘‘Associate Adminis-
trator’’; 
(C) in subsection (d), by striking ‘‘Sec-
retary’’ each place it appears and inserting ‘‘As-
sociate Administrator’’; 
(D) in subsection (e), by striking ‘‘Sec-
retary’’ each place it appears and inserting ‘‘As-
sociate Administrator’’; and 
(E) by adding at the end the following: 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) ASSOCIATE
ADMINISTRATOR.—The term 
‘Associate Administrator’ means the Associate Ad-
ministrator selected under section 4(a)(2) of the 
Motor Vehicle Modernization Act of 2026. 
‘‘(2) NCAP ADVISORY COMMITTEE.—The term 
‘NCAP Advisory Committee’ means the NCAP Advi-
sory Committee established under section 4(b)(1) of 
the Motor Vehicle Modernization Act of 2026.’’. 
(5) VOLUNTARY PERFORMANCE TESTING PRO-
GRAM.—Not later than 1 year after the date of the 
enactment of this Act, the Associate Administrator 
of the NCAP Office shall establish a voluntary proc-
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ess under which a manufacturer may test the per-
formance of passenger motor vehicles of the manu-
facturer and report the results to the Associate Ad-
ministrator. 
(6) CONSUMER EDUCATION ACTIVITIES.— 
(A) REQUIREMENT.—The Associate Ad-
ministrator of the NCAP Office, in coordination 
with the Associate Administrator for Commu-
nications and Consumer Information, shall con-
duct consumer education activities to promote 
information developed under the NCAP and in-
crease consumer awareness of passenger motor 
vehicle safety technologies. 
(B) CONTENTS.—Consumer education ac-
tivities carried out under subparagraph (A) may 
include the following: 
(i) Development and distribution of 
written educational materials. 
(ii) Creation, production, and dissemi-
nation of public awareness campaigns, in-
cluding through print, broadcast, digital, 
and social media platforms. 
(iii) Purchase of advertising time and 
space in any media, including television, 
radio, digital, and print. 
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(iv) Establishment and maintenance 
of websites, mobile applications, and other 
online content. 
(v) Engagement with community- 
based and national consumer motor vehicle 
safety organizations. 
(C) REPORT.—Not later than 2 years after 
the date of the enactment of this Act, and every 
2 years thereafter, the Associate Administrator 
of the NCAP Office shall submit to the relevant 
congressional committees a report that details 
the consumer education activities conducted 
under this paragraph, including, with respect to 
such activities, information on— 
(i) expenditures; 
(ii) target audiences reached; and 
(iii) any performance metrics used to 
evaluate the efficacy of such activities. 
(b) NEW CAR ASSESSMENT PROGRAM ADVISORY 
COMMITTEE.— 
(1) ESTABLISHMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Ad-
ministrator shall establish the NCAP Advisory Com-
mittee (in this subsection referred to as the ‘‘Com-
mittee’’) to provide independent advice and rec-
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ommendations to the Secretary, the Administrator, 
and the Associate Administrator of the NCAP Office 
on matters related to the functions of the NCAP Of-
fice. 
(2) MEMBERS.—The Committee shall be com-
posed of 18 members, appointed by the Adminis-
trator, as follows: 
(A) 2 representatives of national consumer 
motor vehicle safety organizations. 
(B) 2 representatives of institutions of 
higher education (as defined in section 102 of 
the Higher Education Act of 1965 (20 U.S.C. 
1002)) with expertise in motor vehicle safety. 
(C) 4 representatives of manufacturers of 
passenger motor vehicles. 
(D) 2 representatives of manufacturers of 
motor vehicle equipment. 
(E) 1 representative of technology pro-
viders. 
(F) 1 representative of the property and 
casualty insurance industry. 
(G) 1 representative of State highway safe-
ty offices. 
(H) 2 members with expertise in public 
health, data science, or human factors. 
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(I) 1 representative of a disability advocacy 
organization. 
(J) 2 representatives of families or organi-
zations that advocate on behalf of victims of ac-
cidents involving motor vehicles. 
(3) TERMS.— 
(A) IN
GENERAL.—Each member ap-
pointed to the Committee— 
(i) shall serve an initial term of 4 
years (or until the Committee terminates 
under paragraph (8), if earlier); and 
(ii) may be reappointed for 1 subse-
quent term of 4 years (or until the Com-
mittee terminates under paragraph (8), if 
earlier). 
(B) EXCEPTION.—Notwithstanding sub-
paragraph (A)(i), with respect to the first 18 
members appointed to the Committee, 9 shall 
be chosen by the Administrator to serve an ini-
tial term of 2 years. 
(4) RATE OF PAY.—Each member of the Com-
mittee shall serve without pay. 
(5) TRAVEL EXPENSES.—Each member of the 
Committee shall receive travel expenses, including 
per diem in lieu of subsistence, in accordance with 
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applicable provisions under subchapter I of chapter 
57 of title 5, United States Code. 
(6) DUTIES.—The duties of the Committee 
shall be the following: 
(A) Provide recommendations to the Sec-
retary, the Administrator, and the Associate 
Administrator of the NCAP Office to improve 
the NCAP. 
(B) Review, assess, and evaluate passenger 
motor vehicle safety technologies with the po-
tential to reduce traffic injuries and fatalities. 
(C) Solicit and review information, data, 
research, and evidence with respect to pas-
senger motor vehicle safety technologies from 
public and private sources, including industry 
stakeholders, researchers, national consumer 
motor vehicle safety organizations, and Federal 
agencies (as determined appropriate by the Ad-
ministrator). 
(D) Recommend passenger motor vehicle 
safety technologies to be evaluated by the Asso-
ciate Administrator of the NCAP Office for in-
clusion in the NCAP. 
(7) REPORT.—Not later than 4 years after the 
date of the enactment of this Act, and in consulta-
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tion with the Administration, manufacturers, na-
tional consumer motor vehicle safety organizations, 
experts in academia, and other relevant stake-
holders, the Committee shall submit to the relevant 
congressional committees a report that assesses the 
feasibility of establishing a public-private partner-
ship, a nonprofit organization, or any other similar 
entity to develop, update, and operate the functions 
of the NCAP, including by assessing the following 
with respect to such a partnership or entity: 
(A) Governance considerations. 
(B) Structure. 
(C) Efficacy in educating consumers on 
and encouraging manufacturers to include new 
safety features in passenger motor vehicles. 
(D) Impact on motor vehicle safety. 
(E) Passenger motor vehicle safety ratings 
used internationally that are similar to the 
NCAP. 
(F) Expected cost of such a partnership or 
entity as compared to the cost of maintaining 
the NCAP under the Administration. 
(G) Sustainable funding mechanisms. 
(H) Processes for ensuring the NCAP (or 
any partnership or entity responsible for devel-
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oping, updating, and operating the functions of 
the NCAP) informs the development of motor 
vehicle safety standards prescribed under chap-
ter 301 of title 49, United States Code. 
(I) Monroney label considerations. 
(J) Costs associated with participation by 
manufacturers in the NCAP, including any al-
ternatives for manufacturers to self-report in-
formation related to passenger motor vehicle 
safety ratings from the manufacturers. 
(K) Processes for ensuring the independ-
ence of the partnership or entity. 
(8) TERMINATION.—The Committee shall ter-
minate on the date that is 10 years after the date 
on which the Committee is established under para-
graph (1). 
(9) FACA.—Chapter 10 of title 5, United 
States Code (commonly referred to as the ‘‘Federal 
Advisory Committee Act’’), shall not apply to the 
Committee. 
(c) GAO STUDY.—Not later than 3 years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the relevant congres-
sional committees a report that— 
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(1) evaluates the implementation of this section, 
including the amendments made by this section; and 
(2) provides recommendations for the Adminis-
trator and the relevant congressional committees to 
improve the implementation of this section, including 
the amendments made by this section. 
(d) PASSENGER MOTOR VEHICLE SAFETY RATING 
DEFINED.—In this section, the term ‘‘passenger motor ve-
hicle safety rating’’ means a system to evaluate and com-
pare in an objective manner passenger motor vehicle safe-
ty technologies using stars, medals, points, or other simi-
lar indicators. 
SEC. 5. REVIEW OF MOTOR VEHICLE SAFETY STANDARDS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, and every 4 years there-
after, the Administrator shall conduct a review of the 
motor vehicle safety standards prescribed under chapter 
301 of title 49, United States Code, to determine, in ac-
cordance with this section, if any such standards should 
be revised or eliminated. 
(b) DETERMINATIONS.— 
(1) IN GENERAL.—In making a determination 
under subsection (a) with respect to whether a 
motor vehicle safety standard should be revised or 
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eliminated, the Administrator shall consider the fol-
lowing: 
(A) The extent to which such standard sat-
isfies the purpose described in section 30101 of 
title 49, United States Code. 
(B) Safety information, data, and evidence 
related to such standard. 
(C) Information on advances in motor ve-
hicle technology related to such standard. 
(D) Costs for manufacturers related to 
such standard. 
(E) Changes in technical standards related 
to such standard. 
(F) International policy developments re-
lated to such standard. 
(2) PUBLIC
FEEDBACK.—In reviewing motor 
vehicle safety standards under subsection (a), the 
Administrator shall— 
(A) solicit public feedback through a re-
quest for information; and 
(B) provide a period for public comment 
on the responses to such request for informa-
tion. 
(c) CONSISTENCY WITH MOTOR VEHICLE SAFETY.— 
The Administrator may only make a determination under 
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this section that a motor vehicle safety standard should 
be revised or eliminated if the Administrator determines 
that doing so is consistent with motor vehicle safety. 
(d) REPORTS.—Upon the completion of each review 
conducted under subsection (a), the Administrator shall— 
(1) submit to the relevant congressional com-
mittees a report on the results of such review; and 
(2) incorporate, into the first priority plan sub-
mitted and published under section 3(c) after the 
completion of such review, any recommendations of 
the Administrator with respect to revising or elimi-
nating a motor vehicle safety standard. 
SEC. 6. RULEMAKING ACCOUNTABILITY REPORT. 
Section 24210 of the Infrastructure Investment and 
Jobs Act (49 U.S.C. 308 note) is amended— 
(1) in subsection (a), by striking paragraph (2) 
and inserting the following: 
‘‘(2) is associated with the National Highway 
Traffic Safety Administration and— 
‘‘(A) is carried out pursuant to— 
‘‘(i) MAP–21; 
‘‘(ii) the FAST Act; 
‘‘(iii) this Act; or 
‘‘(iv) the Motor Vehicle Modernization 
Act of 2026; or 
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‘‘(B) is included in the most recent Unified 
Agenda of Federal Regulatory and Deregula-
tory Actions and is required by an Act of Con-
gress.’’; and 
(2) in subsection (b)— 
(A) in paragraph (1)(A), by striking ‘‘an 
explanation’’ and inserting ‘‘if such deadline 
has passed, an explanation’’; 
(B) in paragraph (1)(B), by striking 
‘‘and’’ at the end; 
(C) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(3) a description of substantive activities con-
ducted, including any relevant research conducted, 
and rulemaking milestones completed with respect to 
the covered rulemaking.’’. 
SEC. 7. PROJECT SCHEDULE MANAGEMENT PRACTICES. 
(a) RULEMAKINGS.—The Administrator shall update 
the procedures associated with rulemakings related to 
motor vehicle safety to ensure— 
(1) the use of recognized project schedule man-
agement practices; and 
(2) adherence to applicable Federal standards 
with respect to such practices. 
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(b) REPORTS.—The Administrator shall update the 
procedures associated with satisfying reporting require-
ments related to motor vehicle safety to ensure— 
(1) the use of recognized project schedule man-
agement practices; and 
(2) adherence to applicable Federal standards 
with respect to such practices. 
(c) GAO STUDY.— 
(1) STUDY.—The Comptroller General of the 
United States shall conduct a study to assess the 
implementation of this section by the Administrator. 
(2) REPORT.—Not later than 5 years after the 
date of the enactment of this Act, the Comptroller 
General shall submit to the relevant congressional 
committees a report on the results of the study con-
ducted under paragraph (1). 
SEC. 8. GENERAL EXEMPTIONS. 
(a) PROCESS GUIDANCE.—Not later than 1 year 
after the date of the enactment of this Act, the Adminis-
trator shall issue guidance to establish and make available 
processes, including performance-based or risk-based as-
sessments, by which a manufacturer may demonstrate an 
equivalent safety level for purposes of clause (ii) or (iv) 
of section 30113(b)(3)(B) of title 49, United States Code. 
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(b) ELIGIBILITY.—Section 30113(d) of title 49, 
United States Code, is amended by striking ‘‘2,500 vehi-
cles’’ and inserting ‘‘90,000 vehicles’’. 
(c) MAXIMUM PERIOD.—Section 30113(e) of title 49, 
United States Code, is amended to read as follows: 
‘‘(e) MAXIMUM PERIOD.—An exemption or renewal 
under subsection (b)(3)(B) of this section may be granted 
for not more than 5 years.’’. 
(d) DEADLINE.—Section 30113 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(i) DEADLINE.— 
‘‘(1) IN GENERAL.—The Secretary shall issue a 
decision with respect to a complete application for 
an exemption submitted under this section not later 
than 1 year after the date on which the Secretary 
receives such application. 
‘‘(2) FAILURE
TO
MEET
DEADLINE.—If the 
Secretary does not issue a decision with respect to 
a complete application within the period required 
under paragraph (1), the application shall be 
deemed approved unless the Secretary provides to 
the applicant during such period written justification 
that identifies the manner in which the application 
is incomplete.’’. 
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SEC. 9. TESTING AND EVALUATION OF MOTOR VEHICLE 
EQUIPMENT. 
Section 30112(b)(10) of title 49, United States Code, 
is amended— 
(1) in the matter preceding subparagraph (A), 
by inserting ‘‘or motor vehicle equipment’’ after 
‘‘motor vehicle’’ each place the term appears; and 
(2) in subparagraph (A), by inserting ‘‘or motor 
vehicle equipment’’ after ‘‘motor vehicles’’. 
SEC. 10. RECALL RATE IMPROVEMENT. 
(a) STUDY.—The Administrator shall conduct a 
study to identify factors that result in a motor vehicle in-
volved in a recall not receiving the service necessary to 
remedy the issue that is the subject of such recall. 
(b) IMPLEMENTATION.—The Administrator, using 
existing authorities, shall take appropriate actions to— 
(1) address factors identified under subsection 
(a); and 
(2) improve the efforts of the Administration, 
manufacturers, and third parties with respect to in-
creasing the rate at which motor vehicles involved in 
a recall receive the service necessary to remedy the 
issue that is the subject of such recall. 
(c) REPORTS.— 
(1) INITIAL REPORT.—Not later than 1 year 
after the date of the enactment of this Act, the Ad-
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