[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1181 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 1181

  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

                           February 27, 2015

Ms. Schakowsky (for herself, Mr. Pallone, Mr. Butterfield, Mrs. Capps, 
Ms. Clarke of New York, Ms. DeGette, Mr. Kennedy, Ms. Matsui, 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 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Increased public availability of vehicle safety information.
Sec. 102. Improved vehicle safety databases.
Sec. 103. Improved used car buyers guide.
           TITLE II--ENHANCED AGENCY TOOLS AND ACCOUNTABILITY

Sec. 201. Civil penalties.
Sec. 202. Early warning reporting requirements.
Sec. 203. Imminent hazard authority.
Sec. 204. Retention of safety records by manufacturers.
Sec. 205. Corporate responsibility for NHTSA reports.
Sec. 206. Cooperation with foreign governments.
Sec. 207. Administrative accountability.
Sec. 208. Reports to Congress.
                     TITLE III--CONSUMER PROTECTION

Sec. 301. Limitation on sale or lease of used motor vehicles subject to 
                            a recall.
Sec. 302. Elimination of regional recalls.
Sec. 303. Application of remedies for defects and noncompliance.
Sec. 304. Pedestrian safety improvement rule.
Sec. 305. Recall obligations under bankruptcy.
Sec. 306. Rulemaking on rear seat crashworthiness.
                           TITLE IV--FUNDING

Sec. 401. Vehicle safety user fee.
Sec. 402. Authorization of appropriations.
                     TITLE V--ADDITIONAL PROVISIONS

Sec. 501. Deadlines.
Sec. 502. Limitation on the preemption of State law.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Passenger motor vehicle.--The term ``passenger motor 
        vehicle''--
                    (A) means a motor vehicle (as defined in section 
                30102(a) of title 49, United States Code) that is rated 
                at less than 10,000 pounds gross vehicular weight; and
                    (B) does not include--
                            (i) a motorcycle;
                            (ii) a trailer; or
                            (iii) a low speed vehicle (as defined in 
                        section 571.3 of title 49, Code of Federal 
                        Regulations).
            (2) Secretary.--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 the vehicle 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 the 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 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, safety improvement 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 paragraph (1) of this subsection, beginning 
        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.''.
            (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) Production information regarding passenger 
                motor vehicles.
                    (B) Vehicle safety defect or noncompliance 
                information related to an incident involving death or 
                injury.
                    (C) Aggregated numbers of property damage claims.
                    (D) Aggregated numbers of consumer complaints 
                related to potential vehicle defects.
            (5) Nullification of prior regulations.--Upon the effective 
        date of a final rule issued pursuant to 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 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 title 49, United States Code. Each such summary shall be 
made available on a publicly accessible Internet website for a period 
of not less than 10 years and 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 and timeliness of 
information on the National Highway Traffic Safety Administration's 
vehicle safety databases including 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 section 202(a)(1).

SEC. 103. IMPROVED USED CAR BUYERS GUIDE.

    In addition to the information already required to be included 
pursuant to section 455.2 of title 16, Code of Federal Regulations (the 
Used Motor Vehicle Trade Regulation Rule), the Buyers Guide window form 
shall include--
            (1) a statement of the vehicle's brand history, total loss 
        history, and salvage history according to the vehicle's 
        National Motor Vehicle Title Information System (NMVTIS) 
        vehicle history report, the date on which the dealer obtained 
        the vehicle history report, and the website where a consumer 
        can obtain a vehicle history report; and
            (2) a statement of the vehicle's recall repair history 
        according to the vehicle identification number search tool 
        established pursuant to section 31301 of the Moving Ahead for 
        Progress in the 21st Century Act (49 U.S.C. 30166 note), the 
        date on which the used vehicle dealer obtained the recall 
        repair history, and the website where a consumer may obtain 
        this information.

           TITLE II--ENHANCED AGENCY TOOLS AND ACCOUNTABILITY

SEC. 201. CIVIL PENALTIES.

    (a) In General.--Section 30165(a) of title 49, United States Code, 
is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence by striking ``$5,000'' 
                and inserting ``$25,000''; and
                    (B) by striking the third sentence; and
            (2) in paragraph (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 pursuant to 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 amending clause (ii) to read as 
        follows:
                            ``(ii) customer satisfaction campaigns, 
                        safety improvement 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.--Subparagraph (C) of section 
30166(m)(3) of title 49, United States Code, is amended to read as 
follows:
                    ``(C) Reporting of possible defects.--
                            ``(i) In general.--The manufacturer of a 
                        motor vehicle or motor vehicle equipment shall 
                        report to the Secretary, in such manner as the 
                        Secretary establishes by regulation, all 
                        incidents of which the manufacturer receives 
                        actual notice which involve fatalities or 
                        serious injuries which are alleged or proven to 
                        have been caused by a possible defect in such 
                        manufacturer's motor vehicle or motor vehicle 
                        equipment in the United States, or in a foreign 
                        country when the possible defect is in a motor 
                        vehicle or motor vehicle equipment that is 
                        identical or substantially similar to a motor 
                        vehicle or motor vehicle equipment offered for 
                        sale in the United States. Reporting required 
                        under this subsection shall not be limited by 
                        model year. The regulation limiting the model 
                        years included for reporting purposes in 
                        section 579.21, Code of Federal Regulations, 
                        shall have no force or effect with respect to 
                        the reporting required under this subparagraph.
                            ``(ii) Fatal incidents.--If an incident 
                        described in clause (i) involves one or more 
                        deaths, the manufacturer shall provide to the 
                        Secretary, in such manner as the Secretary 
                        establishes by regulation--
                                    ``(I) a copy of all initial claims 
                                or notice documents that notified the 
                                manufacturer of the incident;
                                    ``(II) a copy of all investigative 
                                documents prepared by any local, State, 
                                or Federal government agency or the 
                                personnel of any such agency related to 
                                the incident, including photographs, 
                                police reports, cause and origin 
                                reports, or other documents describing 
                                or reconstructing the incident;
                                    ``(III) a copy of 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 the practices of the 
                manufacturers of individual light vehicles 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 
                        the reporting practices of such manufacturers;
                            (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 shall issue guidelines for the standardization of 
        reporting practices described in such clause.

SEC. 203. 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. 204. 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. 205. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.

    (a) Amendment.--Section 30166(o)(1) of title 49, United States 
Code, is amended by striking ``may'' and inserting ``shall''.
    (b) Deadline.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall issue a final rule under section 
30166(o)(1) of title 49, United States Code, as amended by subsection 
(a).

SEC. 206. COOPERATION WITH FOREIGN GOVERNMENTS.

    Section 30182(b) of title 49, United States Code, is amended--
            (1) in paragraph (4), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (5) the following:
            ``(6) enter into cooperative agreements (in consultation 
        with the Secretary of State) and collaborative research and 
        development agreements with foreign governments.''.

SEC. 207. 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 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) Covered Person Defined.--In this section, the term `covered 
person' means a full-time, part-time, or temporary employee, 
independent contractor, or an employee of a contractor or subcontractor 
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 that 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.''.
    (c) Anti-Revolving Door.--
            (1) Amendment.--Subchapter I of chapter 301 of title 49, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 30107. Restriction on covered vehicle safety officials
    ``(a) In General.--During the 2-year period after the termination 
of the service or employment of a covered vehicle safety official, such 
official may not knowingly make, with the intent to influence, 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 official 
seeks official action by any officer or employee of the National 
Highway Traffic Safety Administration.
    ``(b) 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 (a) applies during 
the 2-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 
period.
    ``(c) Special Rule for Detailees.--For purposes of this section, a 
person who is detailed from one Federal Government entity to another 
Federal Government entity shall, during the period such person is 
detailed, be deemed to be an officer or employee of both Federal 
Government entities.
    ``(d) Savings Provision.--Nothing in this section may be construed 
to expand, contract, or otherwise affect the application of any waiver 
or criminal penalties under section 207 of title 18.
    ``(e) Exception for Testimony.--Nothing in this section may be 
construed to prevent an individual from giving testimony under oath, or 
from making statements required to be made under penalty of perjury.
    ``(f) Covered Vehicle Safety Official Defined.--In this section, 
the term `covered vehicle safety official' means any officer or 
employee of the National Highway Traffic Safety Administration who--
            ``(1) during the final 12 months of service or employment 
        with the agency, serves in a technical or legal capacity, and 
        whose job responsibilities include vehicle safety defect 
        investigation, vehicle safety compliance, vehicle safety 
        rulemaking, or vehicle safety research; or
            ``(2) serves in a supervisory or management capacity over 
        an officer or employee described in paragraph (1).''.
            (2) Effective date.--Section 30107 of title 49, United 
        States Code, as added by paragraph (1), shall apply to a 
        covered vehicle safety official (as that term is defined in 
        such section) who terminates service or employment with the 
        National Highway Traffic Safety Administration after the date 
        of enactment of this Act.
            (3) Civil penalty.--Section 30165(a) of title 49, United 
        States Code, is amended by adding at the end the following:
            ``(5) Improper influence.--
                    ``(A) In general.--An individual who violates 
                section 30107(a) is liable to the United States 
                Government for a civil penalty, as determined under 
                section 216(b) of title 18, for an offense under 
                section 207 of that title.
                    ``(B) Manufacturers.--A manufacturer or other 
                person subject to regulation under this chapter who 
                violates section 30107(b) is liable to the United 
                States Government for a civil penalty equal to the sum 
                of--
                            ``(i) an amount not less than $100,000; and
                            ``(ii) an amount equal to 90 percent of the 
                        annual compensation or fee payable to the 
                        individual with respect to whom the violation 
                        occurred.''.
            (4) 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 30106 the 
        following:

``30107. Restriction on covered vehicle safety officials.''.

SEC. 208. REPORTS TO CONGRESS.

    (a) Study on NHTSA Use of Early Warning Data.--Not later than 3 
years after the date of enactment of this Act, and biennially 
thereafter for 6 years, the Inspector General of the Department of 
Transportation shall submit to the relevant committees a report on the 
use of early warning data by the National Highway Traffic Safety 
Administration (referred to in this section as ``NHTSA''). Each report 
shall evaluate the following:
            (1) The number and type of requests for information made by 
        NHTSA based on data received in the early warning reporting 
        system.
            (2) The number of safety defect investigations opened by 
        NHTSA using any information reported to NHTSA through the early 
        warning reporting system.
            (3) The nature and vehicle defect category of each safety 
        defect investigation described in paragraph (2).
            (4) The number of safety defect investigations described in 
        paragraph (2) that are subsequently closed without further 
        action.
            (5) The duration of each safety defect investigation 
        described in paragraph (2).
            (6) The percentage of the safety defect investigations 
        described in paragraph (2) that result in a finding of a safety 
        defect or recall by NHTSA.
            (7) Other information the Inspector General considers 
        appropriate.
    (b) 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 submit to the relevant committees a report that includes--
            (1) a review of the policies, procedures, and practices of 
        the National Highway Traffic Safety Administration that are 
        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) an assessment of the extent to which key agency and 
        manufacturer employees are aware of and understand such 
        policies, procedures, and practices;
            (3) an assessment of the extent to which manufacturers 
        submit all required information in full and without delay; and
            (4) findings, conclusions, and recommendations for 
        formalizing or strengthening the policies, procedures, and 
        practices of NHTSA to ensure timely and complete reporting of 
        early warning data.
    (c) Report on Operations of the Council for Vehicle Electronics, 
Vehicle Software, and Emerging Technologies.--Not later than 6 months 
after the date of enactment of this Act, the Secretary shall submit to 
the relevant committees a report on the operations of the Council for 
Vehicle Electronics, Vehicle Software, and Emerging Technologies that 
includes information about the accomplishments of the Council, the role 
the Council plays in integrating and aggregating expertise across 
NHTSA, and the priorities of the Council over the next 5 years.
    (d) Report on Recall Completion Rates.--Not later than 1 year after 
enactment of this Act and biennially thereafter for 8 years, the 
Secretary shall conduct an analysis of auto safety recall completion 
rates to assess potential actions by NHTSA to improve auto safety 
recall completion rates and submit to the relevant committees a report 
on the results of such analysis. Each report shall include--
            (1) the annual recall completion rate by manufacturer, 
        component (such as brakes, fuel systems, and airbags), and 
        vehicle type (passenger car, sport utility vehicle, passenger 
        van, and pick-up truck) for each of the five years before the 
        year the report is submitted;
            (2) the methods by which NHTSA has conducted analyses of 
        these recall completion rates to determine trends and identify 
        risk factors associated with lower recall rates; and
            (3) the actions NHTSA has planned to improve recall 
        completion rates based on the results of this data analysis.
    (e) Relevant Committees Defined.--In this section, the term 
``relevant committees'' means--
            (1) the Committee on Energy and Commerce of the House of 
        Representatives; and
            (2) the Committee on Commerce, Science, and Transportation 
        of the Senate.

                     TITLE III--CONSUMER PROTECTION

SEC. 301. LIMITATION ON SALE OR LEASE OF USED MOTOR VEHICLES SUBJECT TO 
              A RECALL.

    (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) In general.--A person who sold at least 10 motor 
        vehicles during the prior 12 months to purchasers that in good 
        faith purchase the vehicles other than for resale, may not sell 
        or lease a used motor vehicle until any defect or noncompliance 
        determined under section 30118 with respect to the vehicle has 
        been remedied.
            ``(2) Exceptions.--Paragraph (1) shall not apply if--
                    ``(A) notification of the defect or noncompliance 
                with respect to the vehicle is required under section 
                30118(b) but enforcement of the order is set aside in a 
                civil action to which section 30121(b) applies; or
                    ``(B) if at the time of sale or lease--
                            ``(i) the recall information regarding a 
                        used motor vehicle was not available 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
                            ``(ii) notification under section 30119 was 
                        not received by the seller or lessor.
            ``(3) Used motor vehicle defined.--In this subsection, the 
        term `used motor vehicle' means a motor vehicle that has been 
        purchased previously other than for resale.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 18 months after the date of enactment of this Act.

SEC. 302. ELIMINATION OF REGIONAL RECALLS.

    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. This paragraph shall not prevent the Secretary 
from permitting the prioritization of the shipment of replacement parts 
by geographic location when appropriate.''.

SEC. 303. APPLICATION OF REMEDIES FOR DEFECTS AND NONCOMPLIANCE.

    Section 30120(g)(1) of title 49, United States Code, is amended by 
striking ``the motor vehicle or replacement equipment was bought by the 
first purchaser more than 10 calendar years, or''.

SEC. 304. PEDESTRIAN SAFETY IMPROVEMENT 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.

SEC. 305. 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''.

SEC. 306. RULEMAKING ON REAR SEAT CRASHWORTHINESS.

    (a) Safety Research Initiative.--Not later than 2 years after the 
date of enactment of this Act, the Secretary shall complete research 
into the development of safety standards or performance requirements 
for the crashworthiness and survivability for passengers in the rear 
seats of motor vehicles.
    (b) Specifications.--In carrying out subsection (a), the Secretary 
shall consider side- and rear-impact collision testing, additional 
airbags, head restraints, seatbelt fit, seatbelt airbags, belt anchor 
location, and any other factors the Secretary considers appropriate.
    (c) Rulemaking or Report.--
            (1) Rulemaking.--Not later than 1 year after the completion 
        of each research and testing initiative required under 
        subsection (a), the Secretary shall initiate a rulemaking 
        proceeding to issue a Federal motor vehicle safety standard if 
        the Secretary determines that such a standard meets the 
        requirements and considerations set forth in subsections (a) 
        and (b) of section 30111 of title 49, United States Code.
            (2) Report.--If the Secretary determines that the standard 
        described in paragraph (1) does not meet the requirements and 
        considerations set forth in subsections (a) and (b) of section 
        30111 of title 49, United States Code, the Secretary shall 
        submit a report describing the reasons for not prescribing such 
        a standard to the Committee on Energy and Commerce of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.

                           TITLE IV--FUNDING

SEC. 401. VEHICLE SAFETY USER FEE.

    (a) Amendment.--Subchapter I of chapter 301 of title 49, United 
States Code, as amended by section 207(c)(1), is further amended by 
adding at the end the following:
``Sec. 30108. Vehicle safety user fee
    ``(a) 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 Fund.
    ``(b) Assessment and Collection of Vehicle Safety Fees.--The 
Secretary shall assess and collect, in accordance with this section, 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 30115.
    ``(c) Deposit.--The Secretary shall deposit any fees collected 
under subsection (b) into the Vehicle Safety Fund established by 
subsection (a).
    ``(d) Use.--Amounts in the Vehicle Safety Fund shall be available 
to the Secretary, as provided in subsection (h), for making 
expenditures to meet the obligations of the United States to carry out 
vehicle safety programs of the National Highway Traffic Safety 
Administration.
    ``(e) Vehicle Safety User Fee.--
            ``(1) First, second, and third year fees.--The fee assessed 
        under this section for the first 3 years shall be as follows:
                    ``(A) $3 for each motor vehicle certified during 
                the first year in which such fees are assessed.
                    ``(B) $6 for each motor vehicle certified during 
                the second year in which such fees are assessed.
                    ``(C) $9 for each motor vehicle certified during 
                the third year in which such fees are assessed.
            ``(2) 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 annually by 
        the Secretary by notice published in the Federal Register in 
        accordance with the annual percentage change in the Consumer 
        Price Index for all Urban Consumers, as determined by the 
        Bureau of Labor Statistics.
            ``(3) 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 assessed.
    ``(f) Limitations.--
            ``(1) 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 (excluding the amount of 
        fees appropriated for that fiscal year) are equal to or greater 
        than the amount of appropriations for vehicle safety programs 
        of the National Highway Traffic Safety Administration for 
        fiscal year 2015.
            ``(2) Authority.--If the Secretary does not assess fees 
        under this section during any portion of a fiscal year because 
        of paragraph (1), the Secretary may assess and collect the 
        fees, without any modification in the rate, at a later date in 
        that fiscal year notwithstanding subsection (e)(3).
    ``(g) Collection of Unpaid Fees.--If the Secretary does not receive 
payment of a fee assessed under this section within 30 days after the 
payment is due, the fee shall be treated as a claim of the United 
States Government subject to subchapter II of chapter 37 of title 31.
    ``(h) Authorization of Appropriations.--In addition to funds 
authorized to be appropriated under section 30104, 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 (b) an amount equal to the 
total amount collected during the previous fiscal year from fees 
assessed under this section. Such amounts are authorized to remain 
available until expended.
    ``(i) Crediting and Availability of Fees.--Fees authorized under 
subsection (b) shall be collected and available for obligation only to 
the extent and in the amount provided in advance in appropriations 
Acts.''.
    (b) Conforming Amendment.--The table of sections for chapter 301 of 
title 49, United States Code, as amended by section 207(c)(4), is 
further amended by inserting after the item relating to section 30107 
the following:

``30108. Vehicle safety user fee.''.
    (c) Rulemaking.--Not later than 9 months after the date of 
enactment of this Act, the Secretary shall promulgate rules governing 
the collection and payment of fees under section 30108 of title 49, 
United States Code, as added by subsection (a), and may update such 
rules as may be necessary.
    (d) Effective Date.--Section 30108 of title 49, United States Code, 
as added by subsection (a), shall take effect on the date that is one 
year after the date of enactment of this Act, and the assessment and 
collection required by subsection (b) of such section shall begin on 
such date.

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    Section 30104 of title 49, United States Code, is amended to read 
as follows:
``Sec. 30104. Authorization of appropriations
    ``(a) In General.--There are authorized to be appropriated to the 
Secretary to carry out chapter 301 and part C of subtitle VI of title 
49 the following:
            ``(1) $200,000,000 for fiscal year 2016.
            ``(2) $240,000,000 for fiscal year 2017.
            ``(3) $280,000,000 for fiscal year 2018.
    ``(b) Subsequent Fiscal Years.--There are authorized to be 
appropriated such sums as may be necessary for fiscal years 2019 
through 2022, except that the amount to be appropriated for a fiscal 
year shall not be less than the amount of the appropriation under this 
section for the immediately preceding fiscal year, increased by the 
percentage change in the Consumer Price Index for the immediately 
preceding fiscal year.''.

                     TITLE V--ADDITIONAL PROVISIONS

SEC. 501. 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) submit a notification in writing to 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.

SEC. 502. LIMITATION ON THE PREEMPTION OF STATE LAW.

    (a) Congressional Authorization Required.--Notwithstanding any 
other provision of law, the Secretary shall not publish a rule pursuant 
to section 30111 of title 49, United States Code, that addresses the 
issue of preemption of State law seeking damages for personal injury, 
death, or property damage unless Congress expressly authorizes the 
Secretary to address such preemption.
    (b) Preemption Language.--Any language addressing the issue of 
preemption contained within regulations issued by the Secretary 
pursuant to section 30111 of title 49, United States Code, during the 
years 2005 through 2008 shall not be considered in determining whether 
any such regulation preempts any action under State law seeking damages 
for personal injury, death, or property damage unless Congress 
expressly authorizes the Secretary to address such preemption.
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