II 113th CONGRESS 2d Session S. 2559 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. Short title; table of contents (a) Short title This Act may be cited as the Motor Vehicle Safety Act of 2014 . (b) Table of contents The table of contents for 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. 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. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration. I Transparency and accountability 101. Public availability of early warning data (a) In general Section 30166(m) of title 49, United States Code, is amended— (1) by striking clause (ii) in paragraph (3)(A) and inserting the following: (ii) customer satisfaction campaigns, customer advisories, recalls, consumer complaints, warranty claims, field reports, technical service bulletins, or other activity involving the repair or replacement of motor vehicles or motor vehicle equipment. ; and (2) by striking subparagraph (C) of paragraph (4) and inserting the following: (C) Disclosure The information provided to the Secretary pursuant to this subsection 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 establishing categories of information provided to the Secretary pursuant to section 30166(m) of title 49, United States Code that must be made available to the public. The Secretary may establish categories of information 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 (b), 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 Justice. (d) Presumption and limitation The Secretary shall issue the regulations with a presumption in favor of maximum public availability of information. In issuing regulations under subsection (b), the following types of information shall presumptively not be eligible for protection under section 552(b) of title 5, United States Code: (1) Vehicle safety defect information related to incidents involving death or injury. (2) Aggregated numbers of property damage claims. (3) Aggregated numbers of consumer complaints related to potential vehicle defects. (e) Nullification of prior regulations Beginning 2 years after the date of enactment of this Act, the regulations establishing early warning reporting class determinations in Appendix C of part 512 of title 49, Code of Federal Regulations, shall have no force or effect. 102. Improved NHTSA vehicle safety database Not later than 2 years after the date of enactment of this Act, the Secretary shall improve public accessibility to information on the National Highway Traffic Safety Administration’s publicly accessible vehicle safety databases by— (1) improving organization and functionality, including modern web design features, 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 vehicles and issues through standardization of commonly used search terms. 103. Corporate responsibility for NHTSA reports Section 30166(o) of title 49, United States Code, is amended— (1) in paragraph (1), by striking may and inserting shall ; and (2) by adding at the end the following: (3) Deadline Not later than 1 year after the date of enactment of the Motor Vehicle Safety Act of 2014 , the Secretary shall issue a final rule under paragraph (1). . 104. Reports to Congress (a) Study on early warning data Not later than 3 years after the date of enactment of this Act, and biennially thereafter for 6 years, 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 (referred to in this section as NHTSA ). Each study shall evaluate the following: (1) The number and type of requests for information made by 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 NHTSA through the early warning reporting system. (3) The nature and vehicle defect category of each safety defect investigation described in paragraph (2). (4) The number of safety defect investigations described in paragraph (2) that are subsequently closed without further action. (5) The duration of each safety defect investigation described in paragraph (2). (6) The percentage of the safety defect investigations described in paragraph (2) that result in a finding of a safety defect or recall by NHTSA. (7) Other information the Office of the Inspector General considers appropriate. (b) Report on operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies Not later than 6 months after the date of enactment of this Act, the Secretary shall prepare a report regarding the operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies. The report shall include information about the accomplishments of the Council, the role the Council plays in integrating and aggregating expertise across NHTSA, and the priorities of the Council over the next 5 years. (c) Submission of reports Each study described in subsection (a) and the report described in subsection (b) shall be submitted upon completion to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. 105. Anti-revolving door (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 During the 2-year period after the termination of his or her service or employment, a covered vehicle safety official may not knowingly make, with the intent to influence, any communication to or appearance before any officer or employee of the National Highway Traffic Safety Administration on behalf of any manufacturer subject to regulation under this chapter in connection with any matter involving motor vehicle safety on which such person seeks official action by any officer or employee of the National Highway Traffic Safety Administration. (b) Manufacturers It is unlawful for any manufacturer or other person subject to regulation under this chapter to employ or contract for the services of an individual to whom subsection (a) applies during the 2-year period commencing on the individual’s termination of employment with the National Highway Traffic Safety Administration in a capacity in which the individual is prohibited from serving during that period. (c) Special rule for detailees For purposes of this section, a person who is detailed from 1 department, agency, or other entity to another department, agency, or other entity shall, during the period such person is detailed, be deemed to be an officer or employee of both departments, agencies, or such entities. (d) Savings provision Nothing in this section may be construed to expand, contract, or otherwise affect the application of any waiver or criminal penalties under section 207 of title 18. (e) Exception for testimony Nothing in this section may be construed to prevent an individual from giving testimony under oath, or from making statements required to be made under penalty of perjury. (f) Defined term In this section, the term covered vehicle safety official means any officer or employee of the National Highway Traffic Safety Administration— (1) who, during the final 12 months of his or her service or employment with the agency, serves or served in a technical or legal capacity, and whose job responsibilities include or included vehicle safety defect investigation, vehicle safety compliance, vehicle safety rulemaking, or vehicle safety research; and (2) who serves in a supervisory or management capacity over an officer or employee described in paragraph (1). (g) Effective date This section shall apply to covered vehicle safety officials who terminate service or employment with the National Highway Traffic Safety Administration after the date of enactment of the Motor Vehicle Safety Act of 2014 . . (b) Civil penalty Section 30165(a) of title 49, United States Code, is amended by adding at the end the following: (5) Improper influence (A) In general An individual who violates section 30107(a) is liable to the United States Government for a civil penalty, as determined under section 216(b) of title 18, for an offense under section 207 of that title. (B) Manufacturers A manufacturer or other person subject to regulation under this chapter who violates section 30107(b) is liable to the United States Government for a civil penalty equal to the sum of— (i) an amount equal to not less than $100,000; and (ii) an amount equal to 90 percent of the annual compensation or fee paid or payable to the individual with respect to whom the violation occurred. . (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 following: 30107. Restriction on covered vehicle safety officials. . II Funding 201. Vehicle safety user fee (a) Amendment Subchapter I of chapter 301 of title 49, United States Code, as amended by section 105(a), is further 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 enactment of the Motor Vehicle Safety Act of 2014 , 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 under section 30115. (c) Deposit The Secretary shall deposit any fees collected under 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. (e) Vehicle safety user fee (1) First, second, and third year fees The fee assessed under this section for the first 3 years shall be as follows: (A) $3 for each motor vehicle certified during the first year in which such fees are assessed. (B) $6 for each motor vehicle certified during the second year in which such fees are assessed. (C) $9 for each motor vehicle certified during the third year in which such fees are assessed. (2) Subsequent years The fee assessed under this section for each motor vehicle certified after the third year in which such fees are assessed shall be 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 2014 , the Secretary shall promulgate rules governing the collection and payment of fees under 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 that fiscal year (excluding the amount of fees appropriated for that 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 2014. (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 the fees, without any modification in the rate, at a later date in that fiscal year notwithstanding subsection (e)(3). (h) Collection of unpaid fees If the Secretary does not receive payment of a fee assessed under this section within 30 days after it is due, the 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 addition to funds authorized to be 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 under 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 available for obligation only to the extent and in the amount provided in advance in appropriations Acts. . (b) Clerical amendment The table of contents for chapter 301 of title 49, United States Code, as amended by section 108(e), is further amended by inserting after the item relating to section 30107 the following: 30108. Vehicle safety user fee. . 202. 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 in fiscal year 1999 and ending in fiscal year 2011. and inserting the following: and to carry out the Motor Vehicle Safety Act of 2014 — (1) $200,000,000 for fiscal year 2015; (2) $240,000,000 for fiscal year 2016; and (3) $280,000,000 for fiscal year 2017. . III Enhanced safety authorities 301. 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) by striking the third sentence; and (2) in subsection (a)(3)— (A) in the second sentence by striking $5,000 and inserting $25,000 ; and (B) by striking the third sentence. (b) 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 under section 31203(b) of the Moving Ahead for Progress in the 21st Century Act ( 49 U.S.C. 30165 note). 302. Imminent hazard authority (a) In general Section 30118 of title 49, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by striking (1) The Secretary may and inserting (1) In general .—Except as provided under paragraph (3), the Secretary may ; (B) in paragraph (2), by inserting Orders .— before If the Secretary ; and (C) by adding after paragraph (2) the following: (3) Imminent hazards (A) Decisions and orders If the Secretary decides that a defect or noncompliance, or combination of both, under subsection (a) presents an imminent hazard, the Secretary— (i) shall notify the manufacturer of a motor vehicle or replacement equipment immediately under subsection (a); and (ii) shall order the manufacturer of the motor vehicle or replacement equipment to immediately— (I) give notification under section 30119 of this title to the owners, purchasers, and dealers of the vehicle or equipment of the imminent hazard; and (II) remedy the defect or noncompliance under section 30120 of this title; (iii) notwithstanding section 30119 or 30120, may order the time for notification, means of providing notification, earliest remedy date, and time the owner or purchaser has to present the motor vehicle or equipment, including a tire, for remedy; and (iv) may include in an order under this subparagraph any other terms or conditions that the Secretary determines necessary to abate the imminent hazard. (B) Opportunity for administrative review Subsequent to the issuance of an order under subparagraph (A), opportunity for administrative review shall be provided in accordance with section 554 of title 5, except that such review shall occur not later than 10 days after issuance of such order. (C) Definition of imminent hazard In this paragraph, the term imminent hazard means any condition which substantially increases the likelihood of serious injury or death if not remedied immediately. ; and (2) in subsection (c), by inserting or electronic mail after certified mail . 303. Used passenger motor vehicle consumer protection (a) In general Section 30120 of title 49, United States Code, is amended by adding at the end the following: (k) Limitation on Sale or Lease of Used Passenger Motor Vehicles (1) A dealer may not sell or lease a used passenger motor vehicle until— (A) the dealer clearly and conspicuously notifies the purchaser or lessee, in writing, of any notifications of a defect or noncompliance under section 30118(b) or section 30118(c) of this title with respect to the used passenger motor vehicle that have not been remedied; and (B) the purchaser or lessee acknowledges, in writing, the receipt of the notification under subparagraph (A). (2) Paragraph (1) shall not apply if— (A) the defect or noncompliance is remedied under section 30120 of this title before delivery under the sale or lease; or (B) notification of the defect or noncompliance is required under section 30118(b), but enforcement of the order is set aside in a civil action to which 30121(d) applies. (3) This subsection shall not apply to a dealer if the recall information regarding a used passenger motor vehicle was not accessible at the time of sale or lease using the means established by the Secretary under section 31301 of the Moving Ahead for Progress in the 21st Century Act ( 49 U.S.C. 30166 note). (4) In this subsection, notwithstanding section 30102(a)(1) of this title— (A) the term dealer means a person that has sold at least 10 motor vehicles to 1 or more consumers during the prior 12 months; and (B) the term used passenger motor vehicle means a motor vehicle that has previously been purchased other than for resale. (5) By rule, the Secretary may exempt the auctioning of a used passenger motor vehicle from the requirements of this section to the extent that the exemption does not harm public safety. . (b) Effective date This section shall take effect 18 months after the date of enactment of this Act.