,,ii #aacth ,,congress #b;d ,session ,s4 #beei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bf1 #bjad ,mr4 ,rockefeller introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,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 ,definition of ,secretary4 ,,title ,i--,transparency and accountability ,sec4 #aja4 ,public availability of early warning data4 ,sec4 #ajb4 ,improved ,,nhtsa vehicle safety database4 ,sec4 #ajc4 ,corporate responsibility for ,,nhtsa reports4 ,sec4 #ajd4 ,reports to ,congress4 ,sec4 #aje4 ,anti-revolving door4 ,,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 ,sec4 #cjc4 ,used passenger motor vehicle consumer protection4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,transportation1 acting through the ,administrator of the ,national ,highway ,traffic ,safety ,administration4 ,i ,transparency and accountability #aja4 ,public availability of early warning data 7a7 ,in general ,section #cjaff7m7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking clause 7ii7 in paragraph 7#c77;,a7 and inserting the following3 7ii7 customer satisfaction campaigns1 customer advisories1 recalls1 consumer complaints1 warranty claims1 field reports1 technical service bulletins1 or other activity involving the repair or replacement of motor vehicles or motor vehicle equipment4 2 and 7#b7 by striking subparagraph 7,c7 of paragraph 7#d7 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 7b7 ,regulations ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall issue regulations establishing categories of information provided to the ,secretary pursuant to section #cjaff7m7 of title #di1 ,united ,states ,code that must be made available to the public4 ,the ,secretary may establish categories of information that are exempt from public disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code4 7c7 ,consultation ,in conducting the rulemaking required under subsection 7b71 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 7d7 ,presumption and limitation ,the ,secretary shall issue the regulations with a presumption in favor of maximum public availability of information4 ,in issuing regulations under subsection 7b71 the following types of information shall presumptively not be eligible for protection under section #eeb7;b7 of title #e1 ,united ,states ,code3 7#a7 ,vehicle safety defect information related to incidents involving death or injury4 7#b7 ,aggregated numbers of property damage claims4 7#c7 ,aggregated numbers of consumer complaints related to potential vehicle defects4 7e7 ,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 part #eab of title #di1 ,code of ,federal ,regulations1 shall have no force or effect4 #ajb4 ,improved ,,nhtsa vehicle safety database ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall improve public accessibility to information on the ,national ,highway ,traffic ,safety ,administration's publicly accessible vehicle safety databases by-- 7#a7 improving organization and functionality1 including modern web design features1 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 terms4 #ajc4 ,corporate responsibility for ,,nhtsa reports ,section #cjaff7o7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking may and inserting shall2 and 7#b7 by adding at the end the following3 7#c7 ,deadline ,not later than #a year after the date of enactment of the ,motor ,vehicle ,safety ,act of #bjad1 the ,secretary shall issue a final rule under paragraph 7#a74 4 #ajd4 ,reports to ,congress 7a7 ,study on early warning data ,not later than #c years after the date of enactment of this ,act1 and biennially thereafter for #f years1 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 7referred to in this section as ,,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 ,,nhtsa through the early warning reporting system4 7#c7 ,the nature and vehicle defect category of each safety defect investigation described in paragraph 7#b74 7#d7 ,the number of safety defect investigations described in paragraph 7#b7 that are subsequently closed without further action4 7#e7 ,the duration of each safety defect investigation described in paragraph 7#b74 7#f7 ,the percentage of the safety defect investigations described in paragraph 7#b7 that result in a finding of a safety defect or recall by ,,nhtsa4 7#g7 ,other information the ,office of the ,inspector ,general considers 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 prepare a report regarding the operations of the ,council for ,vehicle ,electronics1 ,vehicle ,software1 and ,emerging ,technologies4 ,the report shall include information about the accomplishments of the ,council1 the role the ,council plays in integrating and aggregating expertise across ,,nhtsa1 and the 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 upon completion to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 #aje4 ,anti-revolving door 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 ,during the #b-year period after the termination of his or her service or employment1 a covered vehicle safety official may not knowingly make1 with the intent to influence1 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 ,administration4 7b7 ,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 7a7 applies during the #b-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 period4 7c7 ,special rule for detailees ,for purposes of this section1 a person who is detailed from #a 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 7d7 ,savings provision ,nothing in this section may be construed to expand1 contract1 or otherwise affect the application of any waiver or criminal penalties under section #bjg of title #ah4 7e7 ,exception for testimony ,nothing in this section may be construed to prevent an individual from giving testimony under oath1 or from making statements required to be made under penalty of perjury4 7f7 ,defined term ,in this section1 the term covered vehicle safety official means any officer or employee of the ,national ,highway ,traffic ,safety ,administration-- 7#a7 who1 during 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 research2 and 7#b7 who serves in a supervisory or management capacity over an officer or employee described in paragraph 7#a74 7g7 ,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 #bjad4 4 7b7 ,civil penalty ,section #cjafe7;a7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 ,improper influence 7,a7 ,in general ,an individual who violates section #cjajg7;a7 is liable to the ,united ,states ,government for a civil penalty1 as determined under section #baf7;b7 of title #ah1 for an offense under section #bjg of that title4 7,b7 ,manufacturers ,a manufacturer or other person subject to regulation under this chapter who violates section #cjajg7;b7 is liable to the ,united ,states ,government for a civil penalty equal to the sum of-- 7i7 an amount equal to not less than #ajj1jjj2 and 7ii7 an amount equal to #ij percent of the annual compensation or fee paid or payable to the individual with respect to whom the violation occurred4 4 7c7 ,conforming amendment ,the table of contents 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 #aje7;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 under section #cjaae4 7c7 ,deposit ,the ,secretary shall deposit any fees collected under 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 #c years shall be as follows3 7,a7 #c for each motor vehicle certified during the first year in which such fees are assessed4 7,b7 #f for each motor vehicle certified during the second year in which such fees are assessed4 7,c7 #i for each motor vehicle certified during the third year in which such fees are assessed4 7#b7 ,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 #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 under 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 that fiscal year 7excluding the amount of fees appropriated for that 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 the fees1 without any modification in the rate1 at a later date in that fiscal year notwithstanding subsection 7e77#c74 7h7 ,collection of unpaid fees ,if the ,secretary does not receive payment of a fee assessed under this section within #cj days after it is due1 the 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 under 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 contents for chapter #cja of title #di1 ,united ,states ,code1 as amended by section #ajh7;e71 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 by striking the third sentence2 and 7#b7 in subsection 7a77#c7-- 7,a7 in the second sentence by striking #e1jjj and inserting #be1jjj2 and 7,b7 by striking the third sentence4 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 under 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 #cjaah of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking 7#a7 ,the ,secretary may and inserting 7#a7 ,in general4--,except as provided under paragraph 7#c71 the ,secretary may2 7,b7 in paragraph 7#b71 by inserting ,orders4-- before ,if the ,secretary2 and 7,c7 by adding after paragraph 7#b7 the following3 7#c7 ,imminent hazards 7,a7 ,decisions and orders ,if the ,secretary decides that a defect or noncompliance1 or combination of both1 under subsection 7a7 presents an imminent hazard1 the ,secretary-- 7i7 shall notify the manufacturer of a motor vehicle or replacement equipment immediately under subsection 7a72 and 7ii7 shall order the manufacturer of the motor vehicle or replacement equipment to immediately-- 7,i7 give notification under section #cjaai of this title to the owners1 purchasers1 and dealers of the vehicle or equipment of the imminent hazard2 and 7,,ii7 remedy the defect or noncompliance under section #cjabj of this title2 7iii7 notwithstanding section #cjaai or #cjabj1 may order the time for notification1 means of providing notification1 earliest remedy date1 and time the owner or purchaser has to present the motor vehicle or equipment1 including a tire1 for remedy2 and 7iv7 may include in an order under this subparagraph any other terms or conditions that the ,secretary determines necessary to abate the imminent hazard4 7,b7 ,opportunity for administrative review ,subsequent to the issuance of an order under subparagraph 7,a71 opportunity for administrative review shall be provided in accordance with section #eed of title #e1 except that such review shall occur not later than #aj days after issuance of such order4 7,c7 ,definition of imminent hazard ,in this paragraph1 the term imminent hazard means any condition which substantially increases the likelihood of serious injury or death if not remedied immediately4 2 and 7#b7 in subsection 7c71 by inserting or electronic mail after certified mail4 #cjc4 ,used passenger motor vehicle consumer protection 7a7 ,in general ,section #cjabj of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,limitation on ,sale or ,lease of ,used ,passenger ,motor ,vehicles 7#a7 ,a dealer may not sell or lease a used passenger motor vehicle until-- 7,a7 the dealer clearly and conspicuously notifies the purchaser or lessee1 in writing1 of any notifications of a defect or noncompliance under section #cjaah7;b7 or section #cjaah7;c7 of this title with respect to the used passenger motor vehicle that have not been remedied2 and 7,b7 the purchaser or lessee acknowledges1 in writing1 the receipt of the notification under subparagraph 7,a74 7#b7 ,paragraph 7#a7 shall not apply if-- 7,a7 the defect or noncompliance is remedied under section #cjabj of this title before delivery under the sale or lease2 or 7,b7 notification of the defect or noncompliance is required under section #cjaah7;b71 but enforcement of the order is set aside in a civil action to which #cjaba7;d7 applies4 7#c7 ,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 #cacja of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#di ,u4,s4,c4 #cjaff note74 7#d7 ,in this subsection1 notwithstanding section #cjajb7;a77#a7 of this title-- 7,a7 the term dealer means a person that has sold at least #aj motor vehicles to #a or more consumers during the prior #ab months2 and 7,b7 the term used passenger motor vehicle means a motor vehicle that has previously been purchased other than for resale4 7#e7 ,by rule1 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 safety4 4 7b7 ,effective date ,this section shall take effect #ah months after the date of enactment of this ,act4