[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7389 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7389
To modernize the motor vehicle safety programs of the National Highway
Traffic Safety Administration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2026
Mr. Guthrie introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To modernize the motor vehicle safety programs of the National Highway
Traffic Safety Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Vehicle Modernization Act of
2026''.
SEC. 2. DEFINITIONS.
(a) Applicability of Certain Definitions.--The definitions in
section 30102(a) of title 49, United States Code, apply to this Act.
(b) Other Definitions.--In this Act:
(1) Administration.--The term ``Administration'' means the
National Highway Traffic Safety Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Highway Traffic Safety
Administration.
(3) ADS-equipped vehicle.--The term ``ADS-equipped
vehicle'' means a motor vehicle equipped with an automated
driving system.
(4) Automated driving system.--The term ``automated driving
system''--
(A) means hardware and software that are
collectively capable of performing the entire dynamic
driving task on a sustained basis, regardless of
whether such system is limited to a specific
operational design domain; and
(B) includes only a system that meets the
definition of Level 3, Level 4, or Level 5 automation.
(5) Dynamic driving task.--The term ``dynamic driving
task''--
(A) means each real-time operational and tactical
function required to operate a motor vehicle in on-road
traffic;
(B) excludes any strategic function, such as trip
scheduling and selection of a destination or waypoint;
and
(C) includes--
(i) lateral vehicle motion control through
steering;
(ii) longitudinal motion control through
acceleration and deceleration;
(iii) monitoring of the driving environment
through object and event detection,
recognition, classification, and response
preparation;
(iv) object and event response execution;
(v) maneuver planning; and
(vi) enhancement of conspicuity through
lighting, sounding the horn, signaling,
gesturing, or another indicator.
(6) Level 1; level 2; level 3; level 4; level 5.--The terms
``Level 1'', ``Level 2'', ``Level 3'', ``Level 4'', and ``Level
5'' have the meaning given those terms in the April 2021
edition of the J3016 recommended practice of SAE International,
``Taxonomy and Definitions for Terms Related to Driving
Automation Systems for On-Road Motor Vehicles''.
(7) New car assessment program; ncap.--The terms ``New Car
Assessment Program'' and ``NCAP'' mean the program established
by the Secretary pursuant to section 32302 of title 49, United
States Code, to develop comparative information on the safety
performance of passenger motor vehicle safety technologies to
assist consumers with purchasing decisions and encourage
manufacturers to improve the safety of passenger motor
vehicles.
(8) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given that term in section 32101 of
title 49, United States Code.
(9) Relevant congressional committees.--The term ``relevant
congressional committees'' means the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. MOTOR VEHICLE SAFETY RULEMAKING AND RESEARCH PRIORITY PLAN.
(a) Priority Plan Requirement.--The Administrator shall develop,
and regularly update, a comprehensive motor vehicle safety rulemaking
and research priority plan (in this section referred to as the
``priority plan'').
(b) Priority Plan Contents.--Each priority plan submitted and
published under subsection (c) shall include the following:
(1) A list of each motor vehicle safety rulemaking planned
for the 36-month period beginning on the date on which the
priority plan is submitted and published under subsection (c),
including the following information with respect to each such
rulemaking:
(A) Any statutory authority, mandate, or deadline
for such rulemaking.
(B) The status of any research required to support
such rulemaking and a link to a publicly accessible
website that contains such research.
(C) Whether any motor vehicle safety technology
relevant to such rulemaking has been included in the
NCAP.
(D) Whether manufacturers or other entities with
expertise in the engineering and testing of motor
vehicles have developed performance test criteria for
evaluating any such motor vehicle safety technology and
whether such criteria could be used or modified to meet
the objectives of such rulemaking.
(E) The timing of expected milestones with respect
to such rulemaking, including an advance notice of
proposed rulemaking, a notice of proposed rulemaking,
and a final rule.
(2) A list of the research priorities that the
Administration anticipates working on (without regard to
whether a rulemaking is planned or any research has been
finalized) during the 36-month period beginning on the date on
which the priority plan is submitted and published under
subsection (c), including information on the following:
(A) The objectives of such research priorities,
including an identification of any rulemaking to be
supported by a research priority.
(B) Any information, data, or evidence gathered in
the NCAP with respect to such research priorities.
(C) The timing of expected milestones with respect
to such research priorities.
(3) Except with respect to the initial priority plan
submitted and published under subsection (c), a comparison of
the contents of the priority plan to the contents of the
previous version of the priority plan submitted and published
under subsection (c).
(4) A list of each motor vehicle safety rulemaking required
by an Act of Congress but not included in the priority plan and
a timeline of when the Administration intends to complete each
such rulemaking.
(c) Submission; Publication.--Not later than 2 years after the date
of the enactment of this Act, and every 2 years thereafter, the
Administrator shall--
(1) submit the priority plan to the relevant congressional
committees; and
(2) publish the priority plan on the website of the
Administration.
(d) Failure to Comply.--If the Administrator fails to submit or
publish the priority plan under subsection (c) by a date required under
such subsection, the Administrator, not later than 30 days after such
date, shall submit to the relevant congressional committees a written
report that describes the reasons for such failure and provides an
updated timeline and plan for submitting or publishing the priority
plan.
SEC. 4. NEW CAR ASSESSMENT PROGRAM REFORM.
(a) New Car Assessment Program Office.--
(1) Establishment.--The Administrator shall establish an
office within the Administration to be known as the Office of
the New Car Assessment Program (in this section referred to as
the ``NCAP Office'').
(2) Associate administrator.--The NCAP Office shall be led
by an Associate Administrator who is selected by the
Administrator and who has expertise in motor vehicle safety.
(3) Duties.--The duties of the Associate Administrator of
the NCAP Office shall be the following:
(A) Advise the Administrator on each function of
the NCAP.
(B) Administer the NCAP.
(C) Establish roadmaps for the implementation of
the NCAP under section 32310 of title 49, United States
Code (as amended by paragraph (4) of this subsection).
(D) Establish a process for reporting results of
the voluntary performance testing program under
paragraph (5) of this subsection.
(E) Conduct consumer education activities under
paragraph (6) of this subsection.
(F) Engage with the NCAP Advisory Committee
established under subsection (b)(1) of this section,
manufacturers, other relevant stakeholders, and the
public as the primary representative of the NCAP.
(G) Evaluate and make determinations on including
passenger motor vehicle safety technologies in the
NCAP, including by--
(i) evaluating the reported results
pursuant to paragraph (5) of this subsection;
and
(ii) evaluating recommendations made by the
NCAP Advisory Committee pursuant to subsection
(b)(6)(D) of this section.
(H) Carry out any other related duties as
determined appropriate by the Administrator.
(4) New car assessment program roadmap.--Section 32310 of
title 49, United States Code, is amended--
(A) in subsection (a)--
(i) by striking ``4'' and inserting ``3'';
and
(ii) by striking ``the Secretary of
Transportation (referred to in this section as
the `Secretary')'' and inserting ``the
Associate Administrator, in consultation with
the NCAP Advisory Committee,'';
(B) in subsection (c)(3)(C), by striking
``Secretary'' and inserting ``Associate
Administrator'';
(C) in subsection (d), by striking ``Secretary''
each place it appears and inserting ``Associate
Administrator'';
(D) in subsection (e), by striking ``Secretary''
each place it appears and inserting ``Associate
Administrator''; and
(E) by adding at the end the following:
``(f) Definitions.--In this section:
``(1) Associate administrator.--The term `Associate
Administrator' means the Associate Administrator selected under
section 4(a)(2) of the Motor Vehicle Modernization Act of 2026.
``(2) NCAP advisory committee.--The term `NCAP Advisory
Committee' means the NCAP Advisory Committee established under
section 4(b)(1) of the Motor Vehicle Modernization Act of
2026.''.
(5) Voluntary performance testing program.--Not later than
1 year after the date of the enactment of this Act, the
Associate Administrator of the NCAP Office shall establish a
voluntary process under which a manufacturer may test the
performance of passenger motor vehicles of the manufacturer and
report the results to the Associate Administrator.
(6) Consumer education activities.--
(A) Requirement.--The Associate Administrator of
the NCAP Office, in coordination with the Associate
Administrator for Communications and Consumer
Information, shall conduct consumer education
activities to promote information developed under the
NCAP and increase consumer awareness of passenger motor
vehicle safety technologies.
(B) Contents.--Consumer education activities
carried out under subparagraph (A) may include the
following:
(i) Development and distribution of written
educational materials.
(ii) Creation, production, and
dissemination of public awareness campaigns,
including through print, broadcast, digital,
and social media platforms.
(iii) Purchase of advertising time and
space in any media, including television,
radio, digital, and print.
(iv) Establishment and maintenance of
websites, mobile applications, and other online
content.
(v) Engagement with community-based and
national consumer motor vehicle safety
organizations.
(C) Report.--Not later than 2 years after the date
of the enactment of this Act, and every 2 years
thereafter, the Associate Administrator of the NCAP
Office shall submit to the relevant congressional
committees a report that details the consumer education
activities conducted under this paragraph, including,
with respect to such activities, information on--
(i) expenditures;
(ii) target audiences reached; and
(iii) any performance metrics used to
evaluate the efficacy of such activities.
(b) New Car Assessment Program Advisory Committee.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Administrator shall establish
the NCAP Advisory Committee (in this subsection referred to as
the ``Committee'') to provide independent advice and
recommendations to the Secretary, the Administrator, and the
Associate Administrator of the NCAP Office on matters related
to the functions of the NCAP Office.
(2) Members.--The Committee shall be composed of 18
members, appointed by the Administrator, as follows:
(A) 2 representatives of national consumer motor
vehicle safety organizations.
(B) 2 representatives of institutions of higher
education (as defined in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002)) with expertise
in motor vehicle safety.
(C) 4 representatives of manufacturers of passenger
motor vehicles.
(D) 2 representatives of manufacturers of motor
vehicle equipment.
(E) 1 representative of technology providers.
(F) 1 representative of the property and casualty
insurance industry.
(G) 1 representative of State highway safety
offices.
(H) 2 members with expertise in public health, data
science, or human factors.
(I) 1 representative of a disability advocacy
organization.
(J) 2 representatives of families or organizations
that advocate on behalf of victims of accidents
involving motor vehicles.
(3) Terms.--
(A) In general.--Each member appointed to the
Committee--
(i) shall serve an initial term of 4 years
(or until the Committee terminates under
paragraph (8), if earlier); and
(ii) may be reappointed for 1 subsequent
term of 4 years (or until the Committee
terminates under paragraph (8), if earlier).
(B) Exception.--Notwithstanding subparagraph
(A)(i), with respect to the first 18 members appointed
to the Committee, 9 shall be chosen by the
Administrator to serve an initial term of 2 years.
(4) Rate of pay.--Each member of the Committee shall serve
without pay.
(5) Travel expenses.--Each member of the Committee shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(6) Duties.--The duties of the Committee shall be the
following:
(A) Provide recommendations to the Secretary, the
Administrator, and the Associate Administrator of the
NCAP Office to improve the NCAP.
(B) Review, assess, and evaluate passenger motor
vehicle safety technologies with the potential to
reduce traffic injuries and fatalities.
(C) Solicit and review information, data, research,
and evidence with respect to passenger motor vehicle
safety technologies from public and private sources,
including industry stakeholders, researchers, national
consumer motor vehicle safety organizations, and
Federal agencies (as determined appropriate by the
Administrator).
(D) Recommend passenger motor vehicle safety
technologies to be evaluated by the Associate
Administrator of the NCAP Office for inclusion in the
NCAP.
(7) Report.--Not later than 4 years after the date of the
enactment of this Act, and in consultation with the
Administration, manufacturers, national consumer motor vehicle
safety organizations, experts in academia, and oth