[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5654 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5654

  To amend title 49, United States Code, to provide for increased and 
 improved public access to motor vehicle safety information, enhanced 
   tools and accountability for the National Highway Traffic Safety 
  Administration, and protection of motor vehicle consumers, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2014

Ms. Schakowsky (for herself, Mr. Waxman, Mr. Butterfield, Ms. DeGette, 
 Mr. Pallone, Mr. Rush, and Mr. Tonko) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, to provide for increased and 
 improved public access to motor vehicle safety information, enhanced 
   tools and accountability for the National Highway Traffic Safety 
  Administration, and protection of motor vehicle consumers, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Vehicle Safety 
Improvement Act of 2014''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
      TITLE I--INCREASED AND IMPROVED PUBLIC ACCESS TO INFORMATION

Sec. 101. Increased public availability of vehicle safety information.
Sec. 102. Improved vehicle safety databases.
           TITLE II--ENHANCED AGENCY TOOLS AND ACCOUNTABILITY

Sec. 201. Civil penalties.
Sec. 202. Early warning reporting requirements.
Sec. 203. Administrative accountability.
Sec. 204. Imminent hazard authority.
Sec. 205. Cooperation with foreign governments.
Sec. 206. Pedestrian safety improvement.
Sec. 207. Regional recalls limitation.
                     TITLE III--CONSUMER PROTECTION

Sec. 301. Limitation on sale or lease of used motor vehicles.
Sec. 302. Retention of safety records by manufacturers.
Sec. 303. Recall obligations under bankruptcy.
                     TITLE IV--ADDITIONAL PROVISION

Sec. 401. Deadlines.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of 
Transportation, acting through the Administrator of the National 
Highway Traffic Safety Administration.

      TITLE I--INCREASED AND IMPROVED PUBLIC ACCESS TO INFORMATION

SEC. 101. INCREASED PUBLIC AVAILABILITY OF VEHICLE SAFETY INFORMATION.

    (a) Manufacturer Communications.--
            (1) In general.--Section 30166(f) of title 49, United 
        States Code, is amended--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--Subject to paragraph (4) and 
        notwithstanding any other provision of law, a manufacturer 
        shall give the Secretary of Transportation, and the Secretary 
        shall make available on a publicly accessible Internet website, 
        a true or representative copy of each communication to the 
        manufacturer's dealers or to owners or purchasers of a motor 
        vehicle or replacement equipment produced by the manufacturer 
        regarding--
                    ``(A) any defect in its vehicles or equipment 
                (including any failure or malfunction beyond normal 
                deterioration in use, or any failure of performance, or 
                any flaw or unintended deviation from design 
                specifications), whether or not such defect is safety-
                related; or
                    ``(B) any noncompliance with a motor vehicle safety 
                standard prescribed under this chapter in a vehicle or 
                equipment that is sold or serviced.
            ``(2) Types of communications.--The communications 
        described in paragraph (1) shall include--
                    ``(A) all notices, bulletins, and other 
                communications, other than those required to be 
                submitted pursuant to paragraph (c)(10) of section 
                573.6 of title 49, Code of Federal Regulations, sent to 
                more than one manufacturer, distributor, dealer, 
                lessor, lessee, owner, or purchaser, in the United 
                States; and
                    ``(B) those communications relating to a customer 
                satisfaction campaign, consumer advisory, recall, or 
                other safety activity involving the repair or 
                replacement of motor vehicles or equipment, that the 
                manufacturer issued to, or made available to, more than 
                one dealer, distributor, lessor, lessee, other 
                manufacturer, owner, or purchaser, in the United 
                States.''; and
                    (C) by adding at the end the following:
            ``(4) Exception.--Notwithstanding paragraph (1), the 
        Secretary shall not be required to make copies of 
        communications available that are manifestly not related to 
        motor vehicle safety.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to communications given to the Secretary pursuant 
        to paragraph (1) of section 30166(f) of title 49, United States 
        Code, as amended by such paragraph, starting 1 year after the 
        date of enactment of this Act.
    (b) Early Warning Data.--
            (1) In general.--Section 30166(m)(4) of title 49, United 
        States Code, is amended by striking subparagraph (C) and 
        inserting the following:
                    ``(C) Disclosure.--The information provided to the 
                Secretary pursuant to this subsection shall be 
                disclosed publicly unless exempt from disclosure under 
                section 552(b) of title 5.''.
            (2) Rule.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall issue a final rule 
        establishing categories of information provided to the 
        Secretary pursuant to section 30166(m) of title 49, United 
        States Code, that must be made available to the public. The 
        Secretary may establish categories of information that the 
        Secretary determines are exempt from public disclosure under 
        section 552(b) of title 5, United States Code.
            (3) Consultation.--In conducting the rulemaking required 
        under paragraph (2), 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 Justice.
            (4) Presumption and limitation.--The Secretary shall issue 
        the regulations with a presumption in favor of maximum public 
        availability of information, including information contained in 
        field reports submitted to the Secretary. In issuing 
        regulations under paragraph (2), the following types of 
        information shall presumptively not be eligible for protection 
        under section 552(b) of title 5, United States Code:
                    (A) Vehicle safety defect or noncompliance 
                information related to an incident or incidents 
                involving death or injury.
                    (B) Aggregated numbers of property damage claims.
                    (C) Aggregated numbers of consumer complaints 
                related to potential vehicle defects.
            (5) Nullification of prior regulations.--Upon the effective 
        date of a final rule issued under paragraph (2), the 
        regulations establishing early warning reporting class 
        determinations in Appendix C of part 512 of title 49, Code of 
        Federal Regulations, shall have no force or effect.
    (c) Death Inquiries.--Not later than 1 year after the date of 
enactment of this Act, and every 6 months thereafter, the Secretary 
shall compile, and make available on a publicly accessible Internet 
website for a period of not less than 10 years, summaries of written 
communications sent by the Secretary to a manufacturer during the 
preceding 6-month period requesting additional information about fatal 
incidents reported under section 30166(m) of such title. Each such 
summary shall include, at a minimum, the following:
            (1) The manufacturer.
            (2) Any vehicle or equipment make, model name, and model 
        year about which the Secretary has inquired.
            (3) Any vehicle system or component about which the 
        Secretary has inquired.
            (4) The date of the written communication and the date by 
        which a response must be submitted by the manufacturer.
            (5) The number of incidents about which the Secretary has 
        inquired, and the earliest and latest quarters during which 
        such incidents were reported to the Secretary.

SEC. 102. IMPROVED VEHICLE SAFETY DATABASES.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary shall increase public accessibility to information on the 
National Highway Traffic Safety Administration's vehicle safety 
databases by--
            (1) improving organization and functionality, including 
        modern web design features, and allowing for data to be 
        searched, aggregated, and downloaded;
            (2) providing greater consistency in presentation of 
        vehicle safety issues;
            (3) 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 function; 
        and
            (4) improving the publicly accessible early warning 
        database, by--
                    (A) enabling users to search for incidents across 
                multiple reporting periods for a given make and model 
                name, model year, or type of potential defect;
                    (B) ensuring that search results, in addition to 
                being downloadable, are sortable within an Internet 
                browser by make, model name, model year, State or 
                foreign country of the incident, number of deaths, 
                number of injuries, date of the incident, and type of 
                potential defect; and
                    (C) developing a clear, organized, and searchable 
                method by which the public can access information made 
                available by the Secretary that is reported under 
                clause (ii) of section 30166(m)(3)(C) of title 49, 
                United States Code, as amended by this Act.

           TITLE II--ENHANCED AGENCY TOOLS AND ACCOUNTABILITY

SEC. 201. CIVIL PENALTIES.

    (a) In General.--Section 30165 of title 49, United States Code, is 
amended--
            (1) in subsection (a)(1)--
                    (A) in the first sentence by striking ``$5,000'' 
                and inserting ``$25,000''; and
                    (B) by striking the third sentence; and
            (2) in subsection (a)(3)--
                    (A) in the second sentence by striking ``$5,000'' 
                and inserting ``$25,000''; and
                    (B) by striking the third sentence.
    (b) Construction.--Nothing in the amendments made by this section 
shall be construed as preventing the imposition of penalties under 
section 30165 of title 49, United States Code, prior to the issuance of 
a final rule under section 31203(b) of the Moving Ahead for Progress in 
the 21st Century Act (49 U.S.C. 30165 note).

SEC. 202. EARLY WARNING REPORTING REQUIREMENTS.

    (a) In General.--Section 30166(m) of title 49, United States Code, 
is amended--
            (1) in paragraph (3)(A), by striking clause (ii) and 
        inserting the following:
                            ``(ii) customer satisfaction campaigns, 
                        customer advisories, recalls, consumer 
                        complaints, warranty claims, field reports, or 
                        other activity involving the repair or 
                        replacement of motor vehicles or motor vehicle 
                        equipment.''; and
            (2) in paragraph (4), by striking subparagraph (B) and 
        redesignating subparagraphs (C) and (D) as subparagraphs (B) 
        and (C), respectively.
    (b) Information on Fatal Incidents.--Section 30166(m)(3)(C) of 
title 49, United States Code, is amended--
            (1) by striking ``The manufacturer'' and inserting the 
        following:
                            ``(i) In general.--The manufacturer''; and
            (2) by adding at the end the following:
                            ``(ii) Fatal incidents.--If an incident 
                        described in clause (i) involves one or more 
                        deaths, the manufacturer shall report to the 
                        Secretary, in such manner as the Secretary 
                        establishes by regulation--
                                    ``(I) all initial claims or notice 
                                documents that notified the 
                                manufacturer of the incident;
                                    ``(II) all investigative documents 
                                prepared by any local, State, or 
                                Federal government agency or personnel 
                                related to the incident, including 
                                photographs, police reports, cause and 
                                origin reports, or other documents 
                                describing or reconstructing the 
                                incident;
                                    ``(III) any amendments or 
                                supplements to the documents described 
                                in subclause (I), except for--
                                            ``(aa) medical documents 
                                        and bills;
                                            ``(bb) property damage 
                                        invoices or estimates; and
                                            ``(cc) documents related to 
                                        quantification of damages; and
                                    ``(IV) the manufacturer's 
                                assessment of the circumstances that 
                                led to the incident, including the 
                                manufacturer's analysis of the claims 
                                or notices regarding allegations of a 
                                defect.
                            ``(iii) Limitation.--The regulations 
                        promulgated by the Secretary under clause (ii) 
                        may not require a manufacturer to submit 
                        records respecting information described in 
                        subclause (II) of such clause that is not in 
                        the possession of the manufacturer.''.
    (c) Component Categories.--
            (1) Commencement.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall commence a 
        rulemaking proceeding to amend the system and component 
        categories required to be used in early warning reports on 
        light vehicles submitted pursuant to section 579.21 of title 
        49, Code of Federal Regulations. In issuing rules under this 
        subsection, the Secretary shall, to the extent each may assist 
        in the identification of defects related to motor vehicle 
        safety, maximize--
                    (A) interoperability between the early warning 
                reporting database and the publicly available consumer 
                complaint database, by ensuring that the amended set of 
                categories established by rule are the same as those 
                available to vehicle owners or lessees reporting safety 
                issues to the publicly available consumer complaint 
                database;
                    (B) precision, including by dividing categories 
                that are imprecise and adding new categories that 
                identify specific vehicle equipment not previously 
                represented; and
                    (C) organization and ease of use, including by 
                housing categories pertaining to specific items of 
                equipment within more general vehicle safety categories 
                and operating systems.
            (2) Final rule.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall issue a final rule 
        pursuant to paragraph (1).
    (d) Standardization of Manufacturer Reporting Practices.--
            (1) Review.--
                    (A) In general.--Not later than 4 years after the 
                date of enactment of this Act, the Secretary shall 
                complete a comprehensive review of individual light 
                vehicle manufacturers' practices for reporting to the 
                Secretary incidents involving death or injury pursuant 
                to section 579.21 of title 49, Code of Federal 
                Regulations.
                    (B) Components.--The review conducted under 
                subparagraph (A) shall--
                            (i) identify the major differences among 
                        such manufacturers' reporting practices;
                            (ii) identify the extent to which such 
                        manufacturers report precisely the information 
                        required under subsection (b) of section 579.21 
                        of title 49, Code of Federal Regulations, or, 
                        alternatively, report additional information 
                        under such subsection;
                            (iii) identify the types and sources of 
                        additional information, as described in clause 
                        (ii), that manufacturers report to the 
                        Secretary;
                            (iv) assess and explain the extent to which 
                        differing reporting practices hinder the 
                        ability of the National Highway Traffic Safety 
                        Administration to compare a manufacturer's data 
                        for vehicles or equipment to the data of 
                        another manufacturer's vehicles or equipment, 
                        all peer vehicles or equipment, or the entire 
                        United States population of vehicles or 
                        equipment, or to data on vehicles or equipment 
                        submitted to the Secretary by a vehicle owner 
                        or lessee; and
                            (v) determine, based on findings under 
                        clause (iv), whether differences among 
                        individual light vehicle manufacturers' 
                        practices for reporting to the Secretary 
                        incidents involving death or injury pursuant to 
                        section 579.21 of title 49, Code of Federal 
                        Regulations, are detrimental to the 
                        identification of defects related to motor 
                        vehicle safety in motor vehicles and motor 
                        vehicle equipment in the United States.
            (2) Guidelines.--If the Secretary makes an affirmative 
        determination under clause (v) of paragraph (1)(B), the 
        Secretary may issue guidelines for the standardization of 
        reporting practices described in such clause.
    (e) Report on Manufacturer Compliance With Early Warning Reporting 
Requirements.--Not later than 1 year after the date of enactment of 
this Act, the Inspector General of the Department of Transportation 
shall--
            (1) review the National Highway Traffic Safety 
        Administration's policies, procedures, and practices intended 
        to ensure that manufacturers subject to the early warning 
        reporting requirements of section 30166(m) of title 49, United 
        States Code, and subpart C of part 579 of title 49, Code of 
        Federal Regulations, submit all required information in full 
        and without delay;
            (2) assess the extent to which key agency and manufacturer 
        employees are aware of and understand such policies, 
        procedures, and practices;
            (3) assess the extent to which manufacturers submit all 
        required information in full and without delay; and
            (4) 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 that contains the 
        Inspector General's findings, conclusions, and recommendations 
        for formalizing or strengthening agency policies, procedures, 
        and practices in order to ensure timely and complete reporting 
        of early warning data.

SEC. 203. ADMINISTRATIVE ACCOUNTABILITY.

    (a) Petitions for Standards and Enforcement.--
            (1) Missed deadlines.--Section 30162(d) of title 49, United 
        States Code, is amended by inserting at the end the following: 
        ``If the Secretary fails to grant or deny a petition within the 
        120-day period, the Secretary shall promptly publish in the 
        Federal Register an explanation for missing the deadline and a 
        projected date by which the Secretary will decide whether to 
        grant the petition. On February 1 and August 1 of each year, 
        the Secretary shall 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 letter 
        listing each deadline the Secretary missed under this 
        subsection during the 6-month period ending on such date, 
        explaining why the Secretary missed the deadline, and 
        describing any investigations, proceedings, or actions related 
        to the relevant petition that the Secretary has conducted or 
        taken since the petition was filed.''.
            (2) Appeal of defect petition rejection.--Section 30162 of 
        title 49, United States Code, is further amended by adding at 
        the end the following:
    ``(e) Judicial Review.--A decision of the Secretary to deny a 
petition filed under subsection (a)(2) is agency action subject to 
judicial review under chapter 7 of title 5, and such action shall not 
be considered committed to agency discretion within the meaning of 
section 701(a)(2) of such title. 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 180 
days after notice of the denial of the petition is published in the 
Federal Register.''.
    (b) Information Provided by Whistleblowers.--
            (1) In general.--Subchapter IV of chapter 301 of title 49, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 30172. Review of information provided by employees
    ``(a) Definition of Covered Person.--In this section, the term 
`covered person' means an employee of a manufacturer, distributor, part 
supplier, or dealer (or any person acting pursuant to a request of the 
employee or to the extent such person is engaged in collecting and 
analyzing information provided by one or more such employees) who, in 
good faith, provides information to the Secretary indicating--
            ``(1) the existence of a possible safety-related defect or 
        noncompliance with a motor vehicle safety standard; or
            ``(2) a violation of this chapter or a regulation 
        prescribed or order issued under this chapter.
    ``(b) Review and Evaluation.--Upon receipt of motor vehicle safety 
information from a covered person, the Secretary shall review and 
evaluate the information promptly to determine whether a safety-related 
defect or noncompliance, or a violation of this chapter or a regulation 
prescribed or order issued under this chapter, exists.
    ``(c) Prohibition.--The Secretary shall not transmit or otherwise 
disclose any information received from a covered person to a 
manufacturer, distributor, part supplier, or dealer, except pursuant to 
a written request by, or with the prior written consent of, the covered 
person.''.
            (2) Report.--
                    (A) In general.--Not later than 30 months after the 
                date of enactment of this Act, and biennially 
                thereafter for 6 years, the Secretary shall complete a 
                report on the activities of the National Highway 
                Traffic Safety Administration under section 30172 of 
                title 49, United States Code, as added by paragraph 
                (1), and, upon completion, shall--
                            (i) submit the report to the Committee on 
                        Energy and Commerce of the House of 
                        Representatives and the Committee on Commerce, 
                        Science, and Transportation of the Senate; and
                            (ii) publish the report in an easily 
                        accessible and downloadable electronic format.
                    (B) Contents.--Such report shall include--
                            (i) a summary of submissions by covered 
                        persons (as defined in such section) to the 
                        Secretary in the 24 months preceding the 
                        submission of the report, consisting of--
                                    (I) the total number of such 
                                submissions and the number within this 
                                total which were submitted directly by 
                                an employee described in subsection (a) 
                                of such section; and
                                    (II) the number of submissions 
                                pertaining to a possible safety-related 
                                defect or noncompliance and the number 
                                of submissions pertaining to a 
                                violation of chapter 301 of title 49, 
                                United States Code, or a regulation 
                                prescribed or order issued under such 
                                chapter; and
                            (ii) a summary of actions taken and 
                        proceedings, investigations, or research 
                        conducted by the Secretary in the 24 months 
                        preceding the submission of the report 
                        resulting from submissions by covered persons 
                        (as defined in such section).
            (3) Conforming amendment.--The table of sections for 
        chapter 301 of title 49, United States Code, is amended by 
        inserting after the item relating to section 30171 the 
        following:

``30172. Review of information provided by employees.''.

SEC. 204. IMMINENT HAZARD AUTHORITY.

    Section 30118 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``(1) The 
                Secretary may'' and inserting ``(1) In general.--Except 
                as provided under paragraph (3), the Secretary may''.
                    (B) in paragraph (2), by inserting ``Orders.--'' 
                before ``If the Secretary''; and
                    (C) by adding after paragraph (2) the following:
            ``(3) Imminent hazards.--
                    ``(A) Decisions and orders.--If the Secretary 
                decides that a defect or noncompliance, or combination 
                of both, under subsection (a) presents an imminent 
                hazard, the Secretary--
                            ``(i) shall notify the manufacturer of the 
                        motor vehicle or replacement equipment 
                        immediately under subsection (a);
                            ``(ii) shall order the manufacturer of the 
                        motor vehicle or replacement equipment to 
                        immediately--
                                    ``(I) give notification under 
                                section 30119 of this title to the 
                                owners, purchasers, and dealers of the 
                                vehicle or equipment of the imminent 
                                hazard; and
                                    ``(II) remedy the defect or 
                                noncompliance under section 30120 of 
                                this title;
                            ``(iii) notwithstanding section 30119 or 
                        30120, may order the time for notification, 
                        means of providing notification, earliest 
                        remedy date, and time the owner or purchaser 
                        has to present the motor vehicle or equipment, 
                        including a tire, for remedy; and
                            ``(iv) may include in an order under this 
                        subparagraph any other terms or conditions that 
                        the Secretary determines necessary to abate the 
                        imminent hazard.
                    ``(B) Opportunity for administrative review.--
                Subsequent to the issuance of an order under 
                subparagraph (A), opportunity for administrative review 
                shall be provided in accordance with section 554 of 
                title 5, except that such review shall occur not later 
                than 10 days after issuance of such order.
                    ``(C) Definition of imminent hazard.--In this 
                paragraph, the term `imminent hazard' means any 
                condition which substantially increases the likelihood 
                of serious injury or death if not remedied 
                immediately.''; and
            (2) in subsection (c), by inserting ``or electronic mail'' 
        after ``certified mail''.

SEC. 205. COOPERATION WITH FOREIGN GOVERNMENTS.

    Section 30182(b) of title 49, United States Code, is amended by 
inserting after paragraph (5) the following:
            ``(6) enter into cooperative agreements (in coordination 
        with the Department of State) and collaborative research and 
        development agreements with foreign governments.''.

SEC. 206. PEDESTRIAN SAFETY IMPROVEMENT.

    (a) Rule.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary shall issue a final rule that--
            (1) establishes standards for passenger motor vehicles in 
        order to reduce the number of injuries and fatalities suffered 
        by pedestrians and other non-occupants who are struck by such 
        vehicles; and
            (2) considers means for protecting especially vulnerable 
        pedestrian and non-occupant populations, including children, 
        older adults, and individuals with disabilities.
    (b) Definition of Passenger Motor Vehicle.--In this section, the 
term ``passenger motor vehicle'' means a motor vehicle (as defined in 
section 30102(a)(6) of title 49, United States Code) that is rated at 
less than 10,000 pounds gross vehicular weight. Such term does not 
include--
            (1) a motorcycle;
            (2) a trailer; or
            (3) a low-speed vehicle (as defined in section 571.3 of 
        title 49, Code of Federal Regulations).

SEC. 207. REGIONAL RECALLS LIMITATION.

    Section 30118 of title 49, United States Code, is amended by adding 
at the end the following new subsections:
    ``(f) Long-Term Exposure to Environmental Conditions.--If a 
manufacturer of a motor vehicle or replacement equipment learns the 
vehicle or equipment contains a safety problem caused by long-term 
exposure to environmental conditions, the manufacturer shall give 
notice under subsection (c) as if the manufacturer learned the vehicle 
or equipment contains a defect and decides in good faith that the 
defect is related to motor vehicle safety.
    ``(g) National Orders and Notifications.--All orders under 
subsection (b)(2) and notifications under subsection (c) shall be 
carried out on a national basis and shall not be limited to vehicles or 
equipment in certain States or territories or other geographic regions 
of the United States.''.

                     TITLE III--CONSUMER PROTECTION

SEC. 301. LIMITATION ON SALE OR LEASE OF USED MOTOR VEHICLES.

    (a) In General.--Section 30120 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(k) Limitation on Sale or Lease of Used Motor Vehicles.--
            ``(1) A dealer may not sell or lease a used motor vehicle 
        until--
                    ``(A) the dealer clearly and conspicuously notifies 
                the purchaser or lessee, in writing, of any 
                notifications of a defect or noncompliance under 
                section 30118(b) or section 30118(c) of this title with 
                respect to the used motor vehicle that have not been 
                remedied; and
                    ``(B) the purchaser or lessee acknowledges, in 
                writing, receipt of the notification from the dealer 
                under subparagraph (A).
            ``(2) Paragraph (1) shall not apply if--
                    ``(A) the defect or noncompliance is remedied under 
                section 30120 of this title before delivery under the 
                sale or lease; or
                    ``(B) notification of the defect or noncompliance 
                is required under section 30118(b), but enforcement of 
                the order is set aside in a civil action to which 
                30121(d) applies.
            ``(3) This subsection shall not apply to a dealer if the 
        recall information regarding a used motor vehicle was not 
        accessible at the time of sale or lease using the means 
        established by the Secretary under section 31301 of the Moving 
        Ahead for Progress in the 21st Century Act (49 U.S.C. 30166 
        note), and was not otherwise known to and accessible to the 
        dealer at such time.
            ``(4) In this subsection, notwithstanding section 
        30102(a)(1) of this title--
                    ``(A) the term `dealer' means a person that has 
                sold at least 10 motor vehicles to 1 or more consumers 
                during the prior 12 months; and
                    ``(B) the term `used motor vehicle' means a motor 
                vehicle that has previously been purchased other than 
                for resale.
            ``(5) By rule, the Secretary may exempt the auctioning of a 
        used passenger motor vehicle to a dealer from the requirements 
        of this section to the extent that the exemption does not harm 
        public safety.''.
    (b) Effective Date.--This section shall take effect 18 months after 
the date of enactment of this Act.

SEC. 302. RETENTION OF SAFETY RECORDS BY MANUFACTURERS.

    (a) Rule.--Not later than 18 months after the date of enactment of 
this Act, the Secretary shall issue a final rule pursuant to section 
30117 of title 49, United States Code, requiring each manufacturer of 
motor vehicles or motor vehicle equipment to retain all motor vehicle 
safety records, including documents, reports, correspondence, or other 
materials that contain information concerning malfunctions that may be 
related to motor vehicle safety (including any failure or malfunction 
beyond normal deterioration in use, or any failure of performance, or 
any flaw or unintended deviation from design specifications, that could 
in any reasonably foreseeable manner be a causative factor in, or 
aggravate, an accident or an injury to a person), for a period of not 
less than 20 calendar years from the date on which they were generated 
or acquired by the manufacturer. Such requirement shall also apply to 
all underlying records on which information reported to the Secretary 
under part 579 of title 49, Code of Federal Regulations, is based.
    (b) Application.--The rule required by subsection (a) shall apply 
with respect to any record described in such subsection that is in the 
possession of a manufacturer on the effective date of such rule.

SEC. 303. RECALL OBLIGATIONS UNDER BANKRUPTCY.

    Section 30120A of title 49, United States Code, is amended by 
striking ``chapter 11 of title 11,'' and inserting ``chapter 7 or 
chapter 11 of title 11''.

                     TITLE IV--ADDITIONAL PROVISION

SEC. 401. DEADLINES.

    If the Secretary determines that a deadline under this Act, or an 
amendment made by this Act, cannot be met, the Secretary shall--
            (1) notify the Committee on Energy and Commerce of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate and explain why that 
        deadline cannot be met; and
            (2) establish a new deadline.
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