Sec. 10104. Updating the 5-star safety rating system
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Section 32302 of title 49, United States Code, is amended— by striking subsection (c); by redesignating subsection
(d)as subsection (c); and by adding at the end the following: Not later than 1 year after the date of the 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 5-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, and safety performance criteria; 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 and implementing 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 and appropriate tests and evaluation criteria exist or can be developed; when reasonable and in the interest of reducing crashes and deaths and injuries resulting from crashes, 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; and establish objective criteria for the selection of safety features and systems to be tested. The Secretary shall provide for a period of public comment and review in developing the report required under paragraph (1). Not later than 1 year after the date of the enactment of this subsection, the Secretary shall implement, in the passenger motor vehicle information program under subsection (a), updated or new, as applicable, crash avoidance tests, which shall include tests of forward automatic emergency braking, lane departure warning, blind spot warning, rear cross traffic warning, and rear automatic emergency braking. Not later than 1 year after the date of the enactment of this subsection, the Secretary shall implement, in the passenger motor vehicle information program under subsection (a), crash avoidance tests that assess the prevention or mitigation of crashes between a passenger motor vehicle and a pedestrian, bicyclist, or other vulnerable road user, which shall include tests of forward automatic emergency braking and rear automatic emergency braking. Not later than 1 year after the date of the enactment of this subsection, the Secretary shall— establish separate 5-star safety ratings for— crash avoidance, which shall incorporate the tests implemented under paragraph (1); and pedestrian, bicyclist, and other vulnerable road user safety, which shall incorporate the tests implemented under paragraph (2); and update the combined overall 5-star safety rating to incorporate the 5-star safety ratings established under subparagraph (A). Not later than 2 years after the date of the enactment of this subsection, the Secretary shall prescribe a final rule amending part 572 of title 49, Code of Federal Regulations, to incorporate into the passenger motor vehicle information program under subsection (a)— updated and new test procedures, test conditions, and anthropomorphic test devices that reasonably represent motor vehicle occupants and pedestrians, bicyclists, and other vulnerable road users, including such occupants and users who are children, elderly individuals, adult males, and adult females; and new or refined 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 the safety of passenger motor vehicles. Not later than 3 years after the date of the enactment of this subsection, the Secretary shall, with respect to the passenger motor vehicle information program under subsection (a)— update existing crashworthiness tests, including to account for adult male, adult female, and elderly occupants in all designated seating positions; and implement new crashworthiness tests for— occupants, including children, elderly occupants, adult males, and adult females, in all rear designated seating positions; crashes between a passenger motor vehicle and a pedestrian, bicyclist, or other vulnerable road user, including the potential risks of injuries to the head, neck, chest, abdomen, pelvis, upper leg, and lower leg; and seats, the attachment assemblies of seats, and the installation of seats. Not later than 2 years after the date of the enactment of this subsection, the Secretary shall complete research into the development of tests for— post-crash safety systems, including tests for automatic collision notification; and advanced crash avoidance systems, including tests for— lane keeping assistance; traffic jam assist; driver monitoring and driver distraction prevention, including tests for maintaining driver engagement and mitigating distraction from in-vehicle electronic devices; intelligent speed assistance; and blind spot intervention. After completion of the research required under subparagraph (A), and not later than 3 years after the date of the enactment of this subsection, the Secretary shall implement tests for post-crash safety systems and advanced crash avoidance systems, including (at a minimum) tests for the specific capabilities described in clause
(i)of such subparagraph and subclauses
(I)through
(V)of clause
(ii)of such subparagraph, unless the Secretary determines that doing so will not improve the passenger motor vehicle information developed under subsection (a). If the Secretary does not implement tests for a specific capability described in clause
(i)of subparagraph
(A)or any of subclauses
(I)through
(V)of clause
(ii)of such subparagraph, the Secretary shall describe in the next report required under subsection (d)— the reasons for the determination of the Secretary under subparagraph
(B)with respect to such capability; and if such capability is included in another safety information program, including such a program administered by an international or private organization, why the tests, or substantially similar tests, from such other program were not adopted. Not later than 3 years after the date of the enactment of this subsection, the Secretary shall— establish separate 5-star safety ratings for— crashworthiness for adults; crashworthiness for elderly occupants; and crashworthiness for children; update the crash avoidance 5-star safety rating to incorporate the post-crash safety and advanced crash avoidance tests implemented under paragraph (2)(B); and update the combined overall 5-star safety rating to incorporate the 5-star safety ratings established under subparagraph
(A)and the 5-star safety rating updated under subparagraph (B). Not later than 2 years after the date of the enactment of this subsection, the Secretary shall complete research into the development of tests for advanced drunk driving prevention technology. After completion of the research required under paragraph (1), and not later than 4 years after the date of the enactment of this subsection, the Secretary shall implement tests for advanced drunk driving prevention technology, unless the Secretary determines that doing so will not improve the passenger motor vehicle information developed under subsection (a). If the Secretary does not implement tests for advanced drunk driving prevention technology, the Secretary shall describe in the next report required under subsection (d)— the reasons for the determination of the Secretary under paragraph (2); and if advanced drunk driving prevention technology is included in another safety information program, including such a program administered by an international or private organization, the Secretary shall detail why the tests, or substantially similar tests, from such other program were not adopted. Not later than 4 years after the date of the enactment of this subsection, the Secretary shall— update the crash avoidance 5-star safety rating to incorporate any tests for advanced drunk driving prevention technology implemented under paragraph (2); and update the combined overall 5-star safety rating to incorporate any updates to the crash avoidance 5-star safety rating under subparagraph (A). Not later than 4 years after the date of the enactment of this subsection, the Secretary shall prescribe a final rule revising part 575 of title 49, Code of Federal Regulations, to update the safety rating information required to be displayed on stickers placed on motor vehicles by their manufacturers (commonly referred to as Monroney Labels ). In carrying out paragraph (1), the Secretary shall require that crash avoidance information is indicated next to crashworthiness information on the stickers described in such paragraph. The 5-star safety ratings shall— provide consumers with easy-to-understand information about passenger motor vehicle safety; provide meaningful comparative information about the safety of passenger motor vehicles; and provide incentives for the design of safer passenger motor vehicles. A vehicle model shall only achieve the highest safety rating under the passenger motor vehicle information program under subsection
(a)if each system or feature that is subject to a test under such program is standard for the model. Not later than 30 days after providing the safety ratings under the passenger motor vehicle information program under subsection
(a)for a passenger motor vehicle to the manufacturer of the vehicle, the Secretary shall publish such safety ratings on a website that is publicly available and easily accessible (including on mobile devices). Not later than 6 years after the date of the enactment of this subsection, and every 2 years thereafter, the Secretary shall— update the passenger motor vehicle information program under subsection
(a)to expand consumer access to information about passenger motor vehicle safety in accordance with the roadmap required under subsection (d); and update each test or 5-star safety rating implemented under this section, unless the Secretary determines that updating the test or 5-star safety rating will not improve the passenger motor vehicle information developed under subsection (a). If the Secretary determines that a test or 5-star safety rating implemented under this section no longer improves the passenger motor vehicle information developed under subsection (a), the Secretary shall— replace such test or 5-star safety rating; or if the Secretary determines that a replacement of such test or 5-star safety rating will not improve the passenger motor vehicle information developed under subsection (a), eliminate such test or 5-star safety rating. If the Secretary eliminates a test or 5-star safety rating under subparagraph (A)(ii), the Secretary shall provide an explanation for the determination of the Secretary under such subparagraph in the next report required under subsection (d). If the Secretary fails to meet a deadline under this section, the Secretary shall, not later than 30 days after the deadline, submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing— an explanation of why the Secretary failed to meet the deadline; and a detailed plan and projected timeline for completing the requirement to which the deadline relates. In this section: The term 5-star safety rating means a graphical depiction of a rating assigned under the passenger motor vehicle information program under subsection (a). The term crashworthiness has the meaning given such term in section 32301, except that such term also includes the protection a passenger motor vehicle gives pedestrians, bicyclists, and other vulnerable road users against personal injury or death from a motor vehicle accident. . There is authorized to be appropriated to the Secretary of Transportation $75,000,000 for each of fiscal years 2022 through 2027 to carry out the amendments made by this section.