Sec. 32004. Updating the 5-star safety rating system
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Section 32302 of title 49, United States Code, is amended by adding at the end the following: Not later than 1 year after the date of enactment of this subsection and every 2 years thereafter, the Secretary shall publish a clear and concise report on a publicly accessible website detailing efforts over the next five-year period to improve the passenger motor vehicle information developed under subsection (a). The report required under paragraph
(1)shall include— descriptions of actions that will be taken to update the passenger motor vehicle information developed under subsection (a), including the development of test procedures, test devices, test fixtures, and safety performance metrics; key milestones, including the anticipated start of an action, completion of an action, and effective date of an update; and descriptions of how an update will improve the passenger motor vehicle information developed under subsection (a). In developing, implementing, and updating the report required under paragraph (1), the Secretary shall— identify and prioritize features and systems that meet a known safety need and for which objective rating tests and evaluation criteria exists; when reasonable and in the interest of improving the safety of passenger motor vehicles, harmonize the passenger motor vehicle information developed under subsection
(a)with other safety information programs, including those administered internationally or by private organizations, that provide comparisons of safety characteristics of passenger motor vehicles; establish objective criteria, including effectiveness in reducing traffic accidents and deaths and injuries resulting from traffic accidents, for the selection of safety technologies to be rated; conduct a review not less frequently than once every 2 years to evaluate effectiveness of the passenger motor vehicle information produced under subsection
(a)at improving the safety of passenger motor vehicles; and adhere to all deadlines established under subsection (f). The Secretary shall provide for a period of public comment and review in developing the plan required under paragraph (1). Not later than 1 year after the date of enactment of this section, the Secretary shall finalize the proceeding entitled New Car Assessment Program (80 Fed. Reg. 78521) to update the passenger motor vehicle information required under subsection (a). In carrying out paragraph (1), the Secretary shall— update the test procedures and devices, including anthropomorphic test devices, used in crashworthiness tests; establish new or refine injury criteria, including head, neck, chest, abdomen, pelvis, upper leg and lower leg injury criteria, based on real-world injuries and the greatest potential to increase safety; establish rear seat crashworthiness tests for adult (men and women) occupants in all designated seating positions; establish crashworthiness tests for elderly occupants in all designated seating positions; establish crashworthiness tests for children in all rear designated seating positions and ratings; establish crashworthiness tests for seating system performance for occupants in all designated seating positions; and ensure that crashworthiness tests account for occupancy of all designated seating positions, as applicable. In carrying out paragraph (1), the Secretary shall update and create, as applicable, crash avoidance tests, which shall include forward automatic emergency braking, lane departure warning, blind spot warning, rear cross traffic warning, and rear automatic emergency braking. In carrying out paragraph (1), the Secretary shall— establish crash avoidance tests to evaluate crash avoidance systems, including automatic emergency braking and rear automatic emergency braking, for crashes between a passenger motor vehicle and a pedestrian, bicyclist, or other vulnerable road user; and establish crashworthiness tests to prevent and mitigate injury and death caused by a collision between a passenger motor vehicle and a pedestrian, bicyclist, or other vulnerable road user, including the potential risks of injuries to the head, pelvis, upper, and lower leg. In carrying out paragraph (1), the Secretary shall— create a combined overall five-star vehicle rating; and create separate five-star ratings for— crashworthiness for adults (women and men); crashworthiness for elderly occupants; crashworthiness for children; crash avoidance; and pedestrian and bicyclist crashworthiness and crash avoidance. In developing the ratings under subparagraph (A), the Secretary shall require that a vehicle can only achieve the highest rating if the systems are standard for the model. The Secretary shall— require manufacturers to prominently display the five-star ratings described in subparagraph
(A)on Monroney labels (as required by section 3 of the Automobile Information Disclosure Act ( 15 U.S.C. 1232 )); and publish the five-star safety ratings for a passenger motor vehicle on a publicly available and easily accessible (including on mobile devices) website not later than 30 days after the Secretary has provided a safety rating for a passenger motor vehicle to the manufacturer. The ratings created under this subsection shall— provide consumers with easy-to-understand information about vehicle safety; provide meaningful comparative information about the safety of vehicles; and provide incentives for the design of safer vehicles. Not later than 2 years after the date of enactment of this section, the Secretary shall complete research into the development of tests for the following systems— automatic collision notification; and advanced automatic collision notification. After completion of the research required under subparagraph (A), the Secretary shall include each of the systems in the passenger motor vehicle information developed under subsection
(a)not later than 3 years after the date of enactment of this section unless the Secretary determines that doing so will not improve such information. If the Secretary determines that including one or more of the systems in subparagraph
(A)will not improve the passenger motor vehicle safety information developed under subsection (a), the Secretary shall submit a report describing the reasons for not including any such system or systems to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 3 years after the date of enactment of this section. If one or more of the systems is included in another safety information program, including those administered by international or private organizations, the Secretary shall detail why the tests, or substantively similar tests, from such other safety information program were not adopted. Not later than 2 years after the date of enactment of this section, the Secretary shall complete research into the development of tests for the following systems— lane keeping assistance; traffic jam assistance; driver distraction prevention, including systems to maintain driver engagement and methods for mitigating distraction from in-vehicle electronic devices; driver monitoring; and intelligent speed assistance. After completion of the research required under subparagraph (A), the Secretary shall include each of the safety systems in the crash avoidance rating not later than 3 years after the date of enactment of this section unless the Secretary determines that doing so will not improve the passenger motor vehicle safety information developed under subsection (a). If the Secretary determines that including one or more of the safety systems in the crash avoidance rating required will not improve the passenger motor vehicle safety information developed under subsection (a), the Secretary shall, not later than 3 years after the date of enactment of this section, submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, describing the reasons for not including each of the safety systems in the crash avoidance rating. If one or more of the safety systems is included in another safety information program, including those administered by international or private organizations, the Secretary shall detail why the tests, or substantively similar tests, from such other safety information program were not adopted. Not later than 3 years after the date of enactment of this section, the Secretary shall complete research into the development of tests for advanced drunk driving prevention technology. After completion of the research required under subparagraph (A), the Secretary shall include advanced drunk driving prevention technology in the crash avoidance rating not later than 5 years after the date of enactment of this section unless the Secretary determines that doing so will not improve the passenger motor vehicle safety information developed under subsection (a). If the Secretary determines that including advanced drunk driving prevention technology in the crash avoidance rating will not improve the passenger motor vehicle safety information developed under subsection (a), the Secretary shall, not later than 4 years after the date of enactment of this section submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the reasons for not including such technology in the crash avoidance rating. If advanced drunk driving prevention technology is included in another safety information program, including those administered by international or private organizations, the Secretary shall detail why the tests, or substantively similar tests, from such other safety information program were not adopted. Not later than 2 years after completing the updates required under this subsection and every 2 years thereafter, the Secretary shall— update the passenger motor vehicle information program developed under subsection
(a)to expand consumer access to vehicles with improved safety in accordance with the roadmap required under subsection (e); and update a test or rating established pursuant to this section unless the Secretary makes a determination that updating the test or rating will not improve the safety of passenger motor vehicles. If the Secretary makes a determination that a test or rating established pursuant to this section no longer improves the safety of passenger motor vehicles, the Secretary shall replace or eliminate that test or rating, only if the Secretary determines that a replacement test will not improve the safety of passenger motor vehicles. Should the Secretary make such a determination, the Secretary shall, within 30 days of making such a determination, complete and submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, providing an explanation for such a determination. Should the Secretary fail to meet a deadline set forth in this subsection, the Secretary shall complete and submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate within 30 days of such deadline, providing an explanation for why the deadline was not met and a detailed plan and projected timeline for completing the requirement. . There is authorized to be appropriated to the Secretary of Transportation $75,000,000 for each of fiscal years 2021 through 2026 to carry out this section and the amendments made by this section.
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- 80 FR 78521
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