,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dcfd ,,in ,,the ,,house ,,of ,,representatives ,april #a1 #bjad ,mr4 ,waxman 7for himself1 ,mr4 ,pallone1 ,mr4 ,rush1 ,ms4 ,de,gette1 ,ms4 ,schakowsky1 ,ms4 ,matsui1 ,mrs4 ,christensen1 ,mr4 ,braley of ,iowa1 and ,mr4 ,tonko7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to provide greater transparency1 accountability1 and safety authority to the ,national ,highway ,traffic ,safety ,administration1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,motor ,vehicle ,safety ,act of #bjad4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,title ,i--,,transparency ,,and ,,accountability ,sec4 #aja4 ,additional early warning reporting requirements4 ,sec4 #ajb4 ,public notice of inspection and investigation activities4 ,sec4 #ajc4 ,improved access to ,,nhtsa vehicle safety information4 ,sec4 #ajd4 ,corporate responsibility for ,,nhtsa reports4 ,sec4 #aje4 ,appeal of defect petition rejection4 ,sec4 #ajf4 ,deadlines for rulemaking4 ,sec4 #ajg4 ,reports to ,congress4 ,sec4 #ajh4 ,restriction on ,covered ,vehicle ,safety ,officials4 ,title ,,ii--,funding ,sec4 #bja4 ,vehicle safety user fee4 ,sec4 #bjb4 ,authorization of appropriations4 ,title ,,iii--,,enhanced ,,safety ,,authorities ,sec4 #cja4 ,civil penalties4 ,sec4 #cjb4 ,imminent hazard authority4 ,title ,,iv--,additional ,provisions ,sec4 #dja4 ,preemption of ,state law4 #b4 ,definitions ,in this ,act3 7#a7 ,passenger ,motor vehicle ,the term passenger motor vehicle means a motor vehicle 7as defined in section #cjajb7;a77#f7 of title #di1 ,united ,states ,code7 that is rated at less than #aj1jjj pounds gross vehicular weight4 ,such term does not include-- 7,a7 a motorcycle2 7,b7 a trailer2 or 7,c7 a low speed vehicle 7as defined in section #ega4c of title #di1 ,code of ,federal ,regulations74 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation1 acting through the ,administrator of the ,national ,highway ,traffic ,safety ,administration4 ,i ,,transparency ,,and ,,accountability #aja4 ,additional early warning reporting requirements 7a7 ,data on fatalities ,paragraph 7#c77;,c7 of section #cjaff7m7 of title #di1 ,united ,states ,code is amended-- 7#a7 by striking ,the manufacturer and inserting the following3 7i7 ,in general4--,the manufacturer2 and 7#b7 by adding at the end the following3 7ii7 ,fatal incidents ,if an incident described in clause 7i7 involves fatalities1 the ,secretary shall require the manufacturer to report-- 7,i7 all initial claims or notice documents that notified the manufacturer of the incident2 7,,ii7 any police reports or other documents describing or reconstructing the incident2 and 7,,iii7 any amendments or supplements to the documents described in subclause 7,i71 except for-- 7aa7 medical documents and bills2 7bb7 property damage invoices or estimates2 and 7cc7 documents related to damages4 4 7b7 ,public availability ,paragraph 7#d7 of section #cjaff7m7 of title #di1 ,united ,states ,code1 is amended by striking subparagraph 7,c7 and inserting the following3 7,c7 ,disclosure ,the information provided to the ,secretary pursuant to this subsection shall be disclosed publicly unless exempt from disclosure under section #eeb7;b7 of title #e4 4 7c7 ,regulations ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall issue regulations regarding public access to information submitted pursuant to section #cjaff7m7 of title #di1 ,united ,states ,code4 ,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 #eeb7;b7 of title #e1 ,united ,states ,code4 7d7 ,consultation ,in conducting the rulemaking required under subsection 7c71 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 ,justice4 7e7 ,presumption and limitation ,the ,secretary shall issue the regulations with a presumption in favor of maximum public availability of information4 ,the following types of information shall not be eligible for protection under section #eeb7;b77#d7 of title #e1 ,united ,states ,code1 and shall not be withheld from public disclosure3 7#a7 ,production information regarding passenger motor vehicles1 information on incidents involving death or injury1 and numbers of property damage claims4 7#b7 ,aggregated numbers of consumer complaints4 7f7 ,nullification of prior regulations ,beginning #b years after the date of enactment of this ,act1 the regulations establishing early warning reporting class determinations in ,appendix ,c of section #eab of title #di1 ,code of ,federal ,regulations1 shall have no force or effect4 #ajb4 ,public notice of inspection and investigation activities ,the ,secretary shall provide public notice of all inspection and investigation activities conducted by the ,secretary under section #cjaff of title #di1 ,united ,states ,code1 and make any such notice1 and notice of any enforcement or other action taken as a result of an inspection or investigation available on the website of the ,national ,highway ,traffic ,safety ,administration immediately after such notice is issued4 #ajc4 ,improved access to ,,nhtsa vehicle safety information ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall improve public accessibility to information on the website of the ,national ,highway ,traffic ,safety ,administration regarding vehicle safety1 including ,early ,warning data1 studies1 investigations1 inspections1 incident reports1 and other materials1 by-- 7#a7 improving organization and functionality and allowing for data to be searched1 aggregated1 and downloaded2 7#b7 providing greater consistency in presentation of vehicle safety issues2 and 7#c7 improving searchability about specific vehicles and issues through standardization of commonly used search terms and the integration of databases to enable all to be simultaneously searched using the same keyword search function4 #ajd4 ,corporate responsibility for ,,nhtsa reports ,paragraph 7#a7 of section #cjaff7o7 of title #di1 ,united ,states ,code1 is amended by striking may and inserting shall4 #aje4 ,appeal of defect petition rejection ,section #cjafb of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,judicial review ,a decision of the ,secretary to deny a petition filed under subsection 7a77#b7 of this section is agency action subject to judicial review under chapter #g of title #e1 and such action shall not be considered committed to agency discretion within the meaning of section #gja7;a77#b7 of such title4 ,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 #ahj days after notice of the denial of the petition is published in the ,federal ,register4 4 #ajf4 ,deadlines for rulemaking ,if the ,secretary determines that a deadline for a final rule under this ,act1 or an amendment made by this ,act1 cannot be met1 the ,secretary shall-- 7#a7 notify the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,senate ,committee on ,commerce1 ,science1 and ,transportation and explain why that deadline cannot be met2 and 7#b7 establish a new deadline for that rule4 #ajg4 ,reports to ,congress 7a7 ,study on early warning data ,not later than #c1 #e1 #g1 and #i years after the date of enactment of this ,act1 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 7,,nhtsa74 ,each study shall evaluate the following3 7#a7 ,the number and type of requests for information made by ,,nhtsa based on data received in the ,early ,warning ,reporting system4 7#b7 ,the number of safety defect investigations opened by ,,nhtsa using any information reported to the agency through the ,early ,warning ,reporting system4 7#c7 ,the nature and vehicle defect category of all such safety defect investigations4 7#d7 ,the number of investigations described in paragraph 7#b7 that are subsequently closed without further action4 7#e7 ,the duration of each investigation described in paragraph 7#b74 7#f7 ,the percentage of each investigation that result in a finding of a safety defect or recall by the agency4 7#g7 ,other information the ,office of the ,inspector ,general determines to be appropriate4 7b7 ,report on operations of the ,council for ,vehicle ,electronics1 ,vehicle ,software1 and ,emerging ,technologies ,not later than #f months after the date of enactment of this ,act1 the ,secretary shall report to ,congress regarding the operations of the ,council for ,vehicle ,electronics1 ,vehicle ,software1 and ,emerging ,technologies4 ,such report shall include information about the accomplishments of the ,council1 the role the ,council plays in integrating and aggregating expertise across ,,nhtsa1 and priorities of the ,council over the next #e years4 7c7 ,submission of reports ,each study described in subsection 7a7 and the report described in subsection 7b7 shall be submitted to the ,committee on ,energy and ,commerce of the ,house of ,representatives and to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate upon completion4 #ajh4 ,restriction on ,covered ,vehicle ,safety ,officials 7a7 ,amendment ,subchapter ,i of chapter #cja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cjajg4 ,restriction on covered vehicle safety officials 7a7 ,in general ,for a period of #a year after the termination of his or her service or employment1 a covered vehicle safety official shall not knowingly make1 with the intent to influence1 any communication to or appearance before any officer or employee of the ,national ,highway ,transportation ,safety ,administration on behalf of any manufacturer subject to regulation under this chapter in connection with any matter involving vehicle safety on which such person seeks official action by any officer or employee of the ,national ,highway ,transportation ,safety ,administration4 7b7 ,no effect on section #bjg ,this section does not expand1 contract1 or otherwise affect the application of any waiver or criminal penalties under section #bjg of title #ah4 7c7 ,effective date ,this section shall apply to covered vehicle safety officials who terminate service or employment with the ,national ,highway ,transportation ,safety ,administration after the date of enactment of the ,motor ,vehicle ,safety ,act of #bjad4 7d7 ,definition ,in this section1 the term covered vehicle safety official means any officer or employee of the ,national ,highway ,transportation ,safety ,administration who1 within the final #ab months of his or her service or employment with the agency1 serves or served in a technical or legal capacity1 and whose job responsibilities include or included vehicle safety defect investigation1 vehicle safety compliance1 vehicle safety rulemaking1 or vehicle safety research1 and any officer or employee of the ,national ,highway ,transportation ,safety ,administration serving in a supervisory or management capacity over such officers or employees4 7e7 ,special rule for detailees ,for purposes of this section1 a person who is detailed from one department1 agency1 or other entity to another department1 agency1 or other entity shall1 during the period such person is detailed1 be deemed to be an officer or employee of both departments1 agencies1 or such entities4 7f7 ,exception for testimony ,nothing in this section shall prevent an individual from giving testimony under oath1 or from making statements required to be made under penalty of perjury4 4 7b7 ,civil penalty ,section #cjafe7;a7 of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 7#e7 ,section #cjajg ,a person who violates section #cjajg shall be subject to a civil penalty of not more than #ee1jjj4 4 7c7 ,conforming amendment ,the table of sections for chapter #cja of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #cjajf the following3 #cjajg4 ,restriction on covered vehicle safety officials4 4 ,,ii ,funding #bja4 ,vehicle safety user fee 7a7 ,amendment ,subchapter ,i of chapter #cja of title #di1 ,united ,states ,code1 as amended by section #ajh7;a71 is further amended by adding at the end the following3 #cjajh4 ,vehicle safety user fee 7a7 ,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 ,fund4 7b7 ,assessment and collection of vehicle safety fees ,beginning #a year after the date of enactment of the ,motor ,vehicle ,safety ,act of #bjad1 the ,secretary shall assess and collect1 in accordance with this section1 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 #cjaae4 7c7 ,deposit ,the ,secretary shall deposit any fees collected pursuant to subsection 7b7 into the ,vehicle ,safety ,fund established by subsection 7a74 7d7 ,use ,amounts in the ,vehicle ,safety ,fund shall be available to the ,secretary1 as provided in subsection 7i71 for making expenditures to meet the obligations of the ,united ,states to carry out vehicle safety programs of the ,national ,highway ,traffic ,safety ,administration4 7e7 ,vehicle safety user fee 7#a7 ,first1 second1 and third year fees ,the fee assessed under this section for the first three years shall be as follows3 7,a7 #c for each vehicle certified during the first year in which such fees are assessed4 7,b7 #f for each vehicle certified during the second year in which such fees are assessed4 7,c7 #i for each vehicle certified during the third year in which such fees are assessed4 7#b7 ,subsequent years ,the fee assessed under this section for each 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 #ab-month period ending ,june #cj preceding the fiscal year for which fees are being established4 7#c7 ,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 assessed4 7f7 ,rulemaking ,not later than #i months after the date of enactment of the ,motor ,vehicle ,safety ,act of #bjad1 the ,secretary shall promulgate rules governing the collection and payment of fees pursuant to this section4 7g7 ,limitations 7#a7 ,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 7excluding the amount of fees appropriated for such fiscal year7 are equal to or greater than the amount of appropriations for vehicle safety programs of the ,national ,highway ,traffic ,safety ,administration for fiscal year #bjad4 7#b7 ,authority ,if the ,secretary does not assess fees under this section during any portion of a fiscal year because of paragraph 7#a71 the ,secretary may assess and collect such fees1 without any modification in the rate1 at a later date in such fiscal year notwithstanding the provisions of subsection 7e77#c7 relating to the date fees are to be paid4 7h7 ,collection of unpaid fees ,in any case where the ,secretary does not receive payment of a fee assessed under this section within #cj days after it is due1 such fee shall be treated as a claim of the ,united ,states ,government subject to subchapter ,,ii of chapter #cg of title #ca4 7i7 ,authorization of appropriations ,in addition to funds authorized to be appropriated under section #cjajd1 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 7b7 an amount equal to the total amount collected during the previous fiscal year from fees assessed pursuant to this section4 ,such amounts are authorized to remain available until expended4 7j7 ,crediting and ,availability of ,fees ,fees authorized under subsection 7b7 shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations ,acts4 4 7b7 ,clerical amendment ,the table of sections for chapter #cja of title #di1 ,united ,states ,code1 as amended by section #ajh7;d71 is further amended by inserting after the item relating to section #cjajg the following3 #cjajh4 ,vehicle safety user fee4 4 #bjb4 ,authorization of appropriations ,section #cjajd of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking #ih1cac1ejj2 and 7#b7 by striking in each fiscal year beginning in fiscal year #aiii and ending in fiscal year #bjaa4 and inserting the following3 and to carry out the ,motor ,vehicle ,safety ,act of #bjad-- 7#a7 #bjj1jjj1jjj for fiscal year #bjae2 7#b7 #bdj1jjj1jjj for fiscal year #bjaf2 and 7#c7 #bhj1jjj1jjj for fiscal year #bjag4 4 ,,iii ,,enhanced ,,safety ,,authorities #cja4 ,civil penalties 7a7 ,in general ,section #cjafe of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in the first sentence by striking #e1jjj and inserting #be1jjj2 and 7,b7 in the third sentence1 by striking #ce1jjj1jjj and inserting #bjj1jjj1jjj2 and 7#b7 in subsection 7a77#c7-- 7,a7 in the second sentence by striking #e1jjj and inserting #be1jjj2 and 7,b7 in the third sentence1 by striking #ce1jjj1jjj and inserting #bjj1jjj1jjj4 7b7 ,construction ,nothing in this section shall be construed as preventing the imposition of penalties under section #cjafe of title #di1 ,united ,states ,code1 prior to the issuance of a final rule pursuant to section #cabjc7;b7 of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#di ,u4,s4,c4 #cjafe note74 #cjb4 ,imminent hazard authority 7a7 ,in general ,section #cjaah7;b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,imminent hazard orders ,if the ,secretary of ,transportation in making a decision under subsection 7a7 also initially decides that such defect or noncompliance presents a substantial likelihood of death or serious injury to the public1 the ,secretary shall notify such manufacturer4 ,the opportunity for the manufacturer to present information1 views1 and arguments in accordance with paragraph 7#a7 shall be provided as soon as practicable but not later than #aj calendar days after the initial decision4 ,the ,secretary shall expedite proceedings for a decision and order under paragraph 7#a7 and shall1 as appropriate1 issue an imminent hazard order4 4 7b7 ,procedures ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall issue procedures for the issuance and enforcement of imminent hazard orders under section #cjaah7;b77#c7 of title #di1 ,united ,states ,code 7as added by subsection 7a771 consistent with the provisions of chapter #cja of such title and chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 ,,iv ,additional ,provisions #dja4 ,preemption of ,state law 7a7 ,congressional authorization required ,notwithstanding any other provision of law1 the ,secretary shall not publish a rule pursuant to section #cjaaa of title #di1 ,united ,states ,code1 that addresses the issue of preemption of ,state law seeking damages for personal injury1 death1 or property damage unless ,congress expressly authorizes the ,secretary to address such preemption4 7b7 ,preemption language ,any language addressing the issue of preemption contained within regulations issued by the ,secretary pursuant to section #cjaaa of title #di1 ,united ,states ,code1 during the years #bjje through #bjjh shall not be considered in determining whether any such rule preempts any action under ,state law seeking damages for personal injury1 death1 or property damage unless ,congress expressly authorizes the ,secretary to address such preemption4