[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1743 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1743

 To provide greater transparency, accountability, and safety authority 
 to the National Highway Traffic Safety Administration, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2015

Mr. Nelson (for himself, Mr. Blumenthal, and Mr. Markey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To provide greater transparency, accountability, and safety authority 
 to the National Highway Traffic Safety Administration, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Motor Vehicle 
Safety Act of 2015''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Definition of Secretary.
                TITLE I--TRANSPARENCY AND ACCOUNTABILITY

Sec. 101. Public availability of early warning data.
Sec. 102. Additional early warning reporting requirements.
Sec. 103. Improved National Highway Traffic Safety Administration 
                            vehicle safety databases.
Sec. 104. Corporate responsibility for NHTSA reports.
Sec. 105. Reports to Congress.
      TITLE II--ENHANCED SAFETY AUTHORITY AND CONSUMER PROTECTION

Sec. 201. Civil penalties.
Sec. 202. Criminal penalties.
Sec. 203. Cooperation with foreign governments.
Sec. 204. Imminent hazard authority.
Sec. 205. Used passenger motor vehicle consumer protection.
Sec. 206. Unattended children warning system.
Sec. 207. Collision avoidance technologies.
Sec. 208. Motor vehicle pedestrian protection.
                           TITLE III--FUNDING

Sec. 301. Authorization of appropriations.
                 TITLE IV--RECALL PROCESS IMPROVEMENTS

Sec. 401. Recall obligations under bankruptcy.
Sec. 402. Dealer requirement to check for and remedy recall.
Sec. 403. Application of remedies for defects and noncompliance.
Sec. 404. Direct vehicle notification of recalls.
Sec. 405. State notification of open safety recalls.
Sec. 406. Recall completion pilot grant program.
Sec. 407. Improvements to notification of defect or noncompliance.
    (c) References to Title 49, United States Code.--Except as 
otherwise expressly provided, wherever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of title 49, United States Code.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, unless expressly provided otherwise, the term 
``Secretary'' means the Secretary of Transportation.

                TITLE I--TRANSPARENCY AND ACCOUNTABILITY

SEC. 101. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

    (a) Regulations.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall promulgate regulations 
establishing categories of information provided to the Secretary under 
section 30166(m) of title 49, United States Code, as amended by section 
102 of this Act, that must be made available to the public. The 
Secretary may establish categories of information that are exempt from 
public disclosure under section 552(b) of title 5, United States Code.
    (b) Consultation.--In conducting the rulemaking under subsection 
(a), the Secretary shall consult with the Director of the Office of 
Government Information Services within the National Archives and 
Records Administration and the Director of the Office of Information 
Policy of the Department of Justice.
    (c) Presumption and Limitation.--The Secretary shall promulgate the 
regulations with a presumption in favor of maximum public availability 
of information. In promulgating regulations under subsection (a), the 
following types of information shall presumptively not be eligible for 
protection under section 552(b) of title 5, United States Code:
            (1) Vehicle safety defect information related to incidents 
        involving death or injury.
            (2) Aggregated numbers of property damage claims.
            (3) Aggregated numbers of consumer complaints related to 
        potential vehicle defects.
    (d) Nullification of Prior Regulations.--Beginning 2 years after 
the date of enactment of this Act, 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.

SEC. 102. ADDITIONAL EARLY WARNING REPORTING REQUIREMENTS.

    Section 30166(m) is amended--
            (1) in paragraph (3)(C)--
                    (A) by striking ``The manufacturer'' and inserting 
                the following:
                            ``(i) In general.--The manufacturer''; and
                    (B) by adding at the end the following:
                            ``(ii) Fatal incidents.--If an incident 
                        described in clause (i) involves a fatality, 
                        the Secretary shall require the manufacturer to 
                        submit, as part of its incident report--
                                    ``(I) all initial claim or notice 
                                documents, as defined by the Secretary 
                                through regulation, except media 
                                reports, that notified the manufacturer 
                                of the incident;
                                    ``(II) any police reports or other 
                                documents, as defined by the Secretary 
                                through regulation, that relate to the 
                                initial claim or notice (except for 
                                documents that are protected by the 
                                attorney-client privilege or work 
                                product privileges that are not already 
                                publicly available), that describe or 
                                reconstruct the incident, and that are 
                                in the actual possession or control of 
                                the manufacturer at the time the 
                                incident report is submitted;
                                    ``(III) any amendments or 
                                supplements, as defined by the 
                                Secretary through regulation, to the 
                                initial claim or notice documents 
                                described in subclause (I), except 
                                for--
                                            ``(aa) medical documents 
                                        and bills;
                                            ``(bb) property damage 
                                        invoices or estimates; and
                                            ``(cc) documents related to 
                                        damages; and
                                    ``(IV) any police reports or other 
                                documents described in subclause (II) 
                                that are obtained by the manufacturer 
                                after the submission of its incident 
                                report.'';
            (2) in paragraph (4), by amending subparagraph (C) to read 
        as follows:
                    ``(C) Disclosure.--
                            ``(i) In general.--The information provided 
                        to the Secretary under this subsection shall--
                                    ``(I) be disclosed publicly; and
                                    ``(II) be entered into the early 
                                warning reporting database in a manner 
                                specified by the Secretary through 
                                regulation that is searchable by 
                                manufacturer name, vehicle or equipment 
                                make and model name, model year, and 
                                reported system or component.
                            ``(ii) Information disclosure 
                        requirements.--In administering this 
                        subparagraph, the Secretary shall--
                                    ``(I) presume in favor of maximum 
                                public availability of information;
                                    ``(II) require the publication of 
                                information on incidents involving 
                                death or injury; and
                                    ``(III) require the publication of 
                                numbers of property damage claims.''; 
                                and
            (3) by adding at the end the following:
            ``(6) Section 552 of title 5.--Any requirement for the 
        Secretary to publicly disclose information under this 
        subsection shall be construed consistently with the 
        requirements of section 552 of title 5.
            ``(7) Use of early warning reports.--The Secretary shall 
        consider information gathered under this subsection in 
        proceedings described in sections 30118 and 30162.''.

SEC. 103. IMPROVED NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
              VEHICLE SAFETY DATABASES.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, and after public consultation, the Secretary shall improve 
public accessibility to information on the National Highway Traffic 
Safety Administration's publicly accessible vehicle safety databases--
            (1) by improving organization and functionality, including 
        design features such as drop-down menus, and allowing for data 
        from all of the publicly accessible vehicle safety databases to 
        be searched, sorted, aggregated, and downloaded in a manner--
                    (A) consistent with the public interest; and
                    (B) that facilitates easy use by consumers;
            (2) by providing greater consistency in presentation of 
        vehicle safety issues;
            (3) by 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) by ensuring that all studies, investigation reports, 
        inspection reports, incident reports, and other categories of 
        materials, as specified through the rulemaking under section 
        101(a), be made publicly available in a manner that is 
        searchable in databases by--
                    (A) manufacturer name, vehicle or equipment make 
                and model name, and model year;
                    (B) reported system or component;
                    (C) number of injuries or fatalities; and
                    (D) any other element that the Secretary determines 
                to be in the public interest.
    (b) Investigation Information.--The Secretary shall--
            (1) provide public notice of information requests to 
        manufacturers issued under section 30166 of title 49, United 
        States Code; and
            (2) make such information requests, the manufacturer's 
        written responses to the information requests, and notice of 
        any enforcement or other action taken as a result of the 
        information requests--
                    (A) available to consumers on the Internet not 
                later than 5 days after such notice is issued; and
                    (B) searchable by manufacturer name, vehicle or 
                equipment make and model name, model year, system or 
                component, and the type of inspection or investigation 
                being conducted.
    (c) Section 552 of Title 5.--Any requirement for the Secretary to 
publicly disclose information under this section shall be construed 
consistently with the requirements of section 552 of title 5, United 
States Code.

SEC. 104. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.

    Section 30166(o) is amended--
            (1) in paragraph (1), by striking ``may'' and inserting 
        ``shall''; and
            (2) by adding at the end the following:
            ``(3) Deadline.--Not later than 1 year after the date of 
        enactment of the Motor Vehicle Safety Act of 2015, the 
        Secretary shall issue a final rule under paragraph (1).''.

SEC. 105. REPORTS TO CONGRESS.

    (a) Ability To Identify and Investigate Vehicle Safety Concerns.--
            (1) In general.--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 
        update the Inspector General's report dated June 18, 2015 (ST-
        2015-063), on the pre-investigation processes used by the 
        Office of Defects Investigation of the National Highway Traffic 
        Safety Administration (referred to in this section as 
        ``NHTSA'') to collect and analyze vehicle safety data and to 
        determine potential safety issues and whether those processes 
        were sufficiently improved, including an assessment of--
                    (A) the sufficiency of NHTSA's procedures and 
                practices for collecting, verifying the accuracy and 
                completeness of, analyzing, and determining whether to 
                further investigate potential safety issues described 
                in consumer complaints and manufacturer submittals to 
                the early warning report system;
                    (B) the number and type of requests for information 
                made by NHTSA based on data received in the early 
                warning reporting system and consumer complaints 
                received;
                    (C) the number of safety defect investigations 
                opened by NHTSA based on information reported to NHTSA 
                through the early warning reporting system, consumer 
                complaints, or other sources;
                    (D) the nature and vehicle defect category of each 
                safety defect investigation described in subparagraph 
                (C);
                    (E) the duration of each safety defect 
                investigation described in subparagraph (C), 
                including--
                            (i) the number of safety defect 
                        investigations described in subparagraph (C) 
                        that are subsequently closed without further 
                        action; and
                            (ii) the number and description of safety 
                        defect investigations described in subparagraph 
                        (C) that have been open for more than 1 year;
                    (F) the percentage of the safety defect 
                investigations described in subparagraph (C) that 
                result in a finding of a safety defect, recall, or 
                service information campaign;
                    (G) the status and sufficiency of NHTSA's 
                compliance with each recommendation designed to improve 
                vehicle safety made by the Inspector General; and
                    (H) other information the Inspector General 
                considers appropriate.
            (2) Report.--
                    (A) In general.--Not later than 30 days after the 
                date that a report under paragraph (1) is complete, the 
                Inspector General shall transmit the report to--
                            (i) the Committee on Commerce, Science, and 
                        Transportation of the Senate; and
                            (ii) the Committee on Energy and Commerce 
                        of the House of Representatives.
                    (B) Public.--The Inspector General shall make the 
                report public as soon as practicable, but not later 
                than 30 days after the date the report is transmitted 
                under subparagraph (A).
    (b) Report on Operations of the Council for Vehicle Electronics, 
Vehicle Software, and Emerging Technologies.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary shall prepare a report 
        regarding the operations of the Council for Vehicle 
        Electronics, Vehicle Software, and Emerging Technologies 
        established under section 31401 of the Moving Ahead for 
        Progress in the 21st Century Act (49 U.S.C. 105 note). The 
        report shall include information about the accomplishments of 
        the Council, the role of the Council in integrating and 
        aggregating expertise across NHTSA, and the priorities of the 
        Council over the next 5 years.
            (2) Submission of report.--The Secretary shall submit the 
        report upon completion to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Energy 
        and Commerce of the House of Representatives.

      TITLE II--ENHANCED SAFETY AUTHORITY AND CONSUMER PROTECTION

SEC. 201. CIVIL PENALTIES.

    (a) In General.--Section 30165(a) is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence--
                            (i) by inserting ``or causes the violation 
                        of'' after ``violates''; and
                            (ii) by striking ``$5,000'' and inserting 
                        ``$25,000''; and
                    (B) by striking the third sentence;
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``$10,000'' 
                and inserting ``$100,000''; and
                    (B) in subparagraph (B), by striking the second 
                sentence; and
            (3) in paragraph (3)--
                    (A) in the first sentence, by inserting ``or causes 
                the violation of'' after ``violates'';
                    (B) in the second sentence, by striking ``$5,000'' 
                and inserting ``$25,000''; and
                    (C) by striking the third sentence.
    (b) Construction.--Nothing in 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. CRIMINAL PENALTIES.

    (a) Reporting Standards.--
            (1) In general.--Part I of title 18, United States Code, is 
        amended by inserting after chapter 101 the following:

                  ``CHAPTER 101A--REPORTING STANDARDS

``Sec.
``2081. Definitions.
``2082. Failure to inform and warn.
``2083. Relationship to existing law.
``Sec. 2081. Definitions
    ``In this chapter--
            ``(1) the term `appropriate Federal agency' means an agency 
        with jurisdiction over a covered product, covered service, or 
        business practice;
            ``(2) the term `business entity' means a corporation, 
        company, association, firm, partnership, sole proprietor, or 
        other business entity;
            ``(3) the term `business practice' means a method or 
        practice of--
                    ``(A) manufacturing, assembling, designing, 
                researching, importing, or distributing a covered 
                product;
                    ``(B) conducting, providing, or preparing to 
                provide a covered service; or
                    ``(C) otherwise carrying out business operations 
                relating to covered products or covered services;
            ``(4) the term `covered product' means a product 
        manufactured, assembled, designed, researched, imported, or 
        distributed by a business entity that enters interstate 
        commerce;
            ``(5) the term `covered service' means a service conducted 
        or provided by a business entity that enters interstate 
        commerce;
            ``(6) the term `responsible corporate officer' means a 
        person who--
                    ``(A) is an employer, director, or officer of a 
                business entity;
                    ``(B) has the responsibility and authority, by 
                reason of his or her position in the business entity 
                and in accordance with the rules or practice of the 
                business entity, to acquire knowledge of any serious 
                danger associated with a covered product (or component 
                of a covered product), covered service, or business 
                practice of the business entity; and
                    ``(C) has the responsibility, by reason of his or 
                her position in the business entity, to communicate 
                information about the serious danger to--
                            ``(i) an appropriate Federal agency;
                            ``(ii) employees of the business entity; or
                            ``(iii) individuals, other than employees 
                        of the business entity, who may be exposed to 
                        the serious danger;
            ``(7) the term `serious bodily injury' means an impairment 
        of the physical condition of an individual, including as a 
        result of trauma, repetitive motion, or disease, that--
                    ``(A) creates a substantial risk of death; or
                    ``(B) causes--
                            ``(i) serious permanent disfigurement;
                            ``(ii) unconsciousness;
                            ``(iii) extreme pain; or
                            ``(iv) permanent or protracted loss or 
                        impairment of the function of any bodily 
                        member, organ, bodily system, or mental 
                        faculty;
            ``(8) the term `serious danger' means a danger, not readily 
        apparent to a reasonable person, that the normal or reasonably 
        foreseeable use of, or the exposure of an individual to, a 
        covered product, covered service, or business practice has an 
        imminent risk of causing death or serious bodily injury to an 
        individual; and
            ``(9) the term `warn affected employees' means take 
        reasonable steps to give, to each individual who is exposed or 
        may be exposed to a serious danger in the course of work for a 
        business entity, a description of the serious danger that is 
        sufficient to make the individual aware of the serious danger.
``Sec. 2082. Failure to inform and warn
    ``(a) Requirement.--After acquiring actual knowledge of a serious 
danger associated with a covered product (or component of a covered 
product), covered service, or business practice of a business entity, a 
business entity and any responsible corporate officer with respect to 
the covered product, covered service, or business practice, shall--
            ``(1) as soon as practicable and not later than 24 hours 
        after acquiring such knowledge, verbally inform an appropriate 
        Federal agency of the serious danger, unless the business 
        entity or responsible corporate officer has actual knowledge 
        that an appropriate Federal agency has been so informed;
            ``(2) not later than 15 days after acquiring such 
        knowledge, inform an appropriate Federal agency in writing of 
        the serious danger;
            ``(3) as soon as practicable, but not later than 30 days 
        after acquiring such knowledge, warn affected employees in 
        writing, unless the business entity or responsible corporate 
        officer has actual knowledge that affected employees have been 
        so warned; and
            ``(4) as soon as practicable, but not later than 30 days 
        after acquiring such knowledge, inform individuals, other than 
        affected employees, who may be exposed to the serious danger of 
        the serious danger if such individuals can reasonably be 
        identified.
    ``(b) Penalty.--
            ``(1) In general.--Whoever knowingly violates subsection 
        (a) shall be fined under this title, imprisoned for not more 
        than 5 years, or both.
            ``(2) Prohibition of payment by business entities.--If a 
        final judgment is rendered and a fine is imposed on an 
        individual under this subsection, the fine may not be paid, 
        directly or indirectly, out of the assets of any business 
        entity on behalf of the individual.
    ``(c) Civil Action To Protect Against Retaliation.--
            ``(1) Prohibition.--It shall be unlawful to knowingly 
        discriminate against any person in the terms or conditions of 
        employment, in retention in employment, or in hiring because 
        the person informed a Federal agency, warned employees, or 
        informed other individuals of a serious danger associated with 
        a covered product, covered service, or business practice, as 
        required under this section.
            ``(2) Enforcement action.--
                    ``(A) In general.--A person who alleges discharge 
                or other discrimination by any person in violation of 
                paragraph (1) may seek relief under paragraph (3), by--
                            ``(i) filing a complaint with the Secretary 
                        of Labor; or
                            ``(ii) if the Secretary has not issued a 
                        final decision within 180 days of the filing of 
                        the complaint and there is no showing that such 
                        delay is due to the bad faith of the claimant, 
                        bringing an action at law or equity for de novo 
                        review in the appropriate district court of the 
                        United States, which shall have jurisdiction 
                        over such an action without regard to the 
                        amount in controversy.
                    ``(B) Procedure.--
                            ``(i) In general.--An action under 
                        subparagraph (A)(i) shall be governed under the 
                        rules and procedures set forth in section 
                        42121(b) of title 49.
                            ``(ii) Exception.--Notification made under 
                        section 42121(b)(1) of title 49 shall be made 
                        to the person named in the complaint and to the 
                        employer.
                            ``(iii) Burdens of proof.--An action 
                        brought under subparagraph (A)(ii) shall be 
                        governed by the legal burdens of proof set 
                        forth in section 42121(b) of title 49.
                            ``(iv) Statute of limitations.--An action 
                        under subparagraph (A) shall be commenced not 
                        later than 180 days after the date on which the 
                        violation occurs, or after the date on which 
                        the employee became aware of the violation.
                            ``(v) Jury trial.--A party to an action 
                        brought under subparagraph (A)(ii) shall be 
                        entitled to trial by jury.
            ``(3) Remedies.--
                    ``(A) In general.--An employee prevailing in any 
                action under paragraph (2)(A) shall be entitled to all 
                relief necessary to make the employee whole.
                    ``(B) Compensatory damages.--Relief for any action 
                under subparagraph (A) shall include--
                            ``(i) reinstatement with the same seniority 
                        status that the employee would have had, but 
                        for the discrimination;
                            ``(ii) the amount of back pay, with 
                        interest; and
                            ``(iii) compensation for any special 
                        damages sustained as a result of the 
                        discrimination, including litigation costs, 
                        expert witness fees, and reasonable attorney 
                        fees.
            ``(4) Rights retained by employee.--Nothing in this 
        subsection shall be deemed to diminish the rights, privileges, 
        or remedies of any employee under any Federal or State law, or 
        under any collective bargaining agreement.
            ``(5) Nonenforceability of certain provisions waiving 
        rights and remedies or requiring arbitration of disputes.--
                    ``(A) Waiver of rights and remedies.--The rights 
                and remedies provided for in this subsection may not be 
                waived by any agreement, policy form, or condition of 
                employment, including by a predispute arbitration 
                agreement.
                    ``(B) Predispute arbitration agreements.--No 
                predispute arbitration agreement shall be valid or 
                enforceable, if the agreement requires arbitration of a 
                dispute arising under this subsection.
``Sec. 2083. Relationship to existing law
    ``(a) Rights To Intervene.--Nothing in this chapter shall be 
construed to limit the right of any individual or group of individuals 
to initiate, intervene in, or otherwise participate in any proceeding 
before a regulatory agency or court, nor to relieve any regulatory 
agency, court, or other public body of any obligation, or affect its 
discretion to permit intervention or participation by an individual or 
a group or class of consumers, employees, or citizens in any proceeding 
or activity.
    ``(b) Rule of Construction.--Nothing in this chapter shall be 
construed to--
            ``(1) increase the time period for informing of a serious 
        danger or other harm under any other provision of law; or
            ``(2) limit or otherwise reduce the penalties for any 
        violation of Federal or State law under any other provision of 
        law.''.
            (2) Technical and conforming amendment.--The table of 
        chapters for part I of title 18, United States Code, is amended 
        by inserting after the item relating to chapter 101 the 
        following:

``101A.  Reporting standards................................    2081''.
            (3) Effective date.--The amendments made by paragraphs (1) 
        and (2) shall take effect on the date that is 1 year after the 
        date of enactment of this Act.
    (b) Prohibition on Rendering Safety Elements Inoperative.--Section 
30122 is amended by amending subsection (b) to read as follows:
    ``(b) Prohibition.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        person may not knowingly make inoperative any part of a device 
        or element of design installed on or in a motor vehicle or 
        motor vehicle equipment in compliance with an applicable motor 
        vehicle safety standard prescribed under this chapter unless 
        the person reasonably believes the vehicle or equipment will 
        not be used (except for testing or a similar purpose during 
        maintenance or repair) when the device or element is 
        inoperative.
            ``(2) Exception.--The prohibition under paragraph (1) does 
        not apply to a modification made by an individual to a motor 
        vehicle or item of equipment owned or leased by that 
        individual.''.
    (c) Criminal Liability.--Section 30170 is amended by adding at the 
end the following:
    ``(c) Criminal Liability for Tampering With Motor Vehicle Safety 
Elements.--Whoever knowing that he will endanger the safety of any 
person on board a motor vehicle or anyone who he believes will board 
the same, or with a reckless disregard for the safety of human life, 
violates section 30122(b) under this title shall be subject to criminal 
penalties under section 33(a) of title 18.''.

SEC. 203. COOPERATION WITH FOREIGN GOVERNMENTS.

    (a) Title 49 Amendment.--Section 30182(b) 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 coordination 
        with the Department of State) and collaborative research and 
        development agreements with foreign governments.''.
    (b) Title 23 Amendment.--Section 403 of title 23, United States 
Code, is amended--
            (1) in subsection (b)(2)(C), by inserting ``foreign 
        government (in coordination with the Department of State),'' 
        after ``institution,''; and
            (2) in subsection (c)(1)(A), by inserting ``foreign 
        governments,'' after ``local governments,''.

SEC. 204. IMMINENT HAZARD AUTHORITY.

    Section 30118(b) is amended--
            (1) in paragraph (1), by striking ``(1) The Secretary may'' 
        and inserting ``(1) In general.--Except as provided under 
        paragraph (3), the Secretary may'';
            (2) in paragraph (2), by inserting ``Orders.--'' before 
        ``If the Secretary''; and
            (3) by adding after paragraph (2) the following:
            ``(3) Imminent hazards.--
                    ``(A) Decisions and orders.--If the Secretary makes 
                an initial decision that a defect or noncompliance, or 
                combination of both, under subsection (a) presents an 
                imminent hazard, the Secretary--
                            ``(i) shall notify the manufacturer of a 
                        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.''.

SEC. 205. USED PASSENGER MOTOR VEHICLE CONSUMER PROTECTION.

    (a) In General.--Section 30120 is amended by adding at the end the 
following:
    ``(k) Limitation on Sale or Lease of Used Passenger Motor 
Vehicles.--(1) A dealer may not sell or lease a used passenger motor 
vehicle until any defect or noncompliance determined under section 
30118 with respect to the vehicle has been remedied.
    ``(2) Paragraph (1) shall not apply if--
            ``(A) the recall information regarding a used passenger 
        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); 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) Notwithstanding section 30102(a)(1), in this subsection--
            ``(A) the term `dealer' means a person that has sold at 
        least 10 motor vehicles to 1 or more consumers during the most 
        recent 12-month period; and
            ``(B) the term `used passenger motor vehicle' means a motor 
        vehicle that has previously been purchased other than for 
        resale.
    ``(4) By rule, the Secretary may exempt the auctioning of a used 
passenger motor vehicle from the requirements under paragraph (1) to 
the extent that the exemption does not harm public safety.''.
    (b) Effective Date.--The amendment made by subsection (a) of this 
section shall take effect on the date that is 18 months after the date 
of enactment of this Act.

SEC. 206. UNATTENDED CHILDREN WARNING SYSTEM.

    (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 performance requirements to warn a driver that 
a child or other unattended passenger remains in a rear seating 
position after a vehicle motor is disengaged.
    (b) Specifications.--In completing the research under subsection 
(a), the Secretary shall consider performance requirements that--
            (1) sense weight, the presence of a buckled seat belt, or 
        other indications of the presence of a child or other 
        passenger; and
            (2) provide an alert to prevent hyperthermia and 
        hypothermia that can result in death or severe injuries.
    (c) Rulemaking or Report.--
            (1) Rulemaking.--Not later than 1 year after the date that 
        the research under subsection (a) is complete, 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. The Secretary shall complete the rulemaking and 
        issue a final rule not later than 2 years after the date the 
        rulemaking is initiated.
            (2) Report.--If the Secretary determines that the standard 
        described in subsection (a) 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--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.

SEC. 207. COLLISION AVOIDANCE TECHNOLOGIES.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall initiate a rulemaking to establish a 
Federal motor vehicle safety standard requiring a motor vehicle with a 
gross vehicle weight rating greater than 26,000 pounds be equipped with 
crash avoidance and mitigation systems, such as forward collision 
automatic braking systems and lane departure warning systems.
    (b) Performance and Standards.--The regulations prescribed under 
subsection (a) shall establish performance requirements and standards 
to prevent collisions with moving vehicles, stopped vehicles, 
pedestrians, cyclists, and other road users.
    (c) Effective Date.--The regulations prescribed by the Secretary 
under this section shall take effect 2 years after the date of 
publication of the final rule.

SEC. 208. MOTOR VEHICLE PEDESTRIAN PROTECTION.

    Not later than 2 years after the date of the enactment of this Act, 
the Secretary, through the Administrator of the National Highway 
Traffic Safety Administration, shall issue a final rule that--
            (1) establishes standards for the hood and bumper areas of 
        motor vehicles, including passenger cars, multipurpose 
        passenger vehicles, trucks, and buses with a gross vehicle 
        weight rating of 4,536 kilograms (10,000 pounds) or less, in 
        order to reduce the number of injuries and fatalities suffered 
        by pedestrians who are struck by such vehicles; and
            (2) considers the protection of vulnerable pedestrian 
        populations, including children and older adults.

                           TITLE III--FUNDING

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    Section 30104 is amended--
            (1) by striking ``$98,313,500''; and
            (2) by striking ``this part in each fiscal year beginning 
        in fiscal year 1999 and ending in fiscal year 2001.'' and 
        inserting the following: ``this chapter and to carry out the 
        Motor Vehicle Safety Act of 2015--
            ``(1) $179,000,000 for fiscal year 2016;
            ``(2) $187,055,000 for fiscal year 2017;
            ``(3) $195,659,530 for fiscal year 2018;
            ``(4) $204,268,549 for fiscal year 2019;
            ``(5) $214,073,440 for fiscal year 2020; and
            ``(6) $223,920,818 for fiscal year 2021.''.

                 TITLE IV--RECALL PROCESS IMPROVEMENTS

SEC. 401. RECALL OBLIGATIONS UNDER BANKRUPTCY.

    Section 30120A is amended to read as follows:
``Sec. 30120A. Recall obligations and bankruptcy of a manufacturer
    ``Notwithstanding any provision of title 11, United States Code, a 
manufacturer's duty to comply with section 30112, sections 30115 
through 30121, and section 30166 of this title shall be enforceable 
against a manufacturer or a manufacturer's successors-in-interest 
whether accomplished by merger or by acquisition of the manufacturer's 
stock, the acquisition of all or substantially all of the 
manufacturer's assets or a discrete product line, or confirmation of 
any plan of reorganization under section 1129 of title 11.''.

SEC. 402. DEALER REQUIREMENT TO CHECK FOR AND REMEDY RECALL.

    Section 30120(f) is amended to read as follows:
    ``(f) Dealers.--
            ``(1) Fair reimbursement to dealers.--A manufacturer shall 
        pay fair reimbursement to a dealer providing a remedy without 
        charge under this section.
            ``(2) Requirements.--Each time a defective or noncomplying 
        motor vehicle is presented to a dealer by the owner of that 
        motor vehicle for any service on that motor vehicle, the dealer 
        shall--
                    ``(A) inform the owner of the defect or 
                noncompliance; and
                    ``(B) with consent from the owner, remedy the 
                defect or noncompliance without charge under this 
                section.''.

SEC. 403. APPLICATION OF REMEDIES FOR DEFECTS AND NONCOMPLIANCE.

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

SEC. 404. DIRECT VEHICLE NOTIFICATION OF RECALLS.

    (a) Rulemaking.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall initiate a rulemaking for a regulation 
to require a warning system in each new motor vehicle to indicate to 
the operator in a conspicuous manner when the vehicle is subject to an 
open recall.
    (b) Final Rule.--The Secretary shall prescribe final standards not 
later than 3 years after the date of enactment of this Act.

SEC. 405. STATE NOTIFICATION OF OPEN SAFETY RECALLS.

    (a) Grant Program.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall establish a grant program 
for States to notify registered motor vehicle owners of safety recalls 
issued by the manufacturers of those motor vehicles.
    (b) Eligibility.--To be eligible for a grant, a State shall--
            (1) submit an application in such form and manner as the 
        Secretary prescribes;
            (2) agree that when a motor vehicle owner registers the 
        motor vehicle for use in that State, the State will--
                    (A) search the recall database maintained by the 
                National Highway Traffic Safety Administration using 
                the motor vehicle identification number;
                    (B) determine all safety recalls issued by the 
                manufacturer of that motor vehicle that have not been 
                completed; and
                    (C) notify the motor vehicle owner of the safety 
                recalls described in subparagraph (B); and
            (3) provide such other information or notification as the 
        Secretary may require.

SEC. 406. RECALL COMPLETION PILOT GRANT PROGRAM.

    (a) In General.--The Secretary shall conduct a pilot program to 
evaluate the feasibility and effectiveness of a State process for 
increasing the recall completion rate for motor vehicles by requiring 
each owner or lessee of a motor vehicle to have repaired any open 
recall on that motor vehicle.
    (b) Grants.--To carry out this program, the Secretary shall make a 
grant to a State to be used to implement the pilot program described in 
subsection (a) in accordance with the requirements under subsection 
(c).
    (c) Eligibility.--To be eligible for a grant under this section, a 
State shall--
            (1) submit an application in such form and manner as the 
        Secretary prescribes;
            (2) meet the requirements and provide notification of 
        safety recalls to registered motor vehicle owners under the 
        grant program described in section 405 of this Act;
            (3) except as provided in subsection (d), agree to require, 
        as a condition of motor vehicle registration, including 
        renewal, that the motor vehicle owner or lessee complete all 
        remedies for defects and noncompliance offered without charge 
        by the manufacturer or a dealer under section 30120 of title 
        49, United States Code; and
            (4) provide such other information or notification as the 
        Secretary may require.
    (d) Exception.--A State may exempt a motor vehicle owner or lessee 
from the requirement under subsection (c)(3) if--
            (1) the recall occurred not earlier than 75 days prior to 
        the registration or renewal date;
            (2) the manufacturer, through a local dealership, has not 
        provided the motor vehicle owner or lessee with a reasonable 
        opportunity to complete any applicable safety recall remedy due 
        to a shortage of necessary parts or qualified labor; or
            (3) the motor vehicle owner or lessee states that the owner 
        or lessee has had no reasonable opportunity to complete all 
        applicable safety recall remedies, in which case the State may 
        grant a temporary registration, of not more than 90 days, 
        during which time the motor vehicle owner or lessee shall 
        complete all applicable safety recall remedies for which the 
        necessary parts and qualified labor are available.
    (e) Award.--In selecting an applicant for award under this section, 
the Secretary shall consider the State's methodology for--
            (1) determining safety recalls on a motor vehicle;
            (2) informing the owner or lessee of a motor vehicle of the 
        safety recalls;
            (3) requiring the owner or lessee of a motor vehicle to 
        repair any safety recall prior to issuing any registration, 
        approval, document, or certificate related to a motor vehicle 
        registration renewal; and
            (4) determining performance in increasing the safety recall 
        completion rate.
    (f) Performance Period.--A grant awarded under this section shall 
require a performance period for at least 2 years.
    (g) Report.--Not later than 90 days after the completion of the 
performance period under subsection (f) and the obligations under the 
pilot program, the grantee shall provide to the Secretary a report of 
performance containing such information as the Secretary considers 
necessary to evaluate the extent to which safety recalls have been 
remedied.
    (h) Evaluation.--Not later than 1 year after the date the Secretary 
receives the report under subsection (g), the Secretary shall evaluate 
the extent to which safety recalls identified under subsection (c) have 
been remedied.

SEC. 407. IMPROVEMENTS TO NOTIFICATION OF DEFECT OR NONCOMPLIANCE.

    (a) Improvements to Notification.--
            (1) In general.--Not later than 270 days after the date of 
        enactment of this Act, the Secretary shall prescribe a final 
        rule revising the regulations under section 577.7 of title 49, 
        Code of Federal Regulations, to include notification by 
        electronic means in addition to notification by first class 
        mail.
            (2) Definition of electronic means.--In this subsection, 
        the term ``electronic means'' includes electronic mail and may 
        include such other means of electronic notification, such as 
        social media or targeted online campaigns, as determined by the 
        Secretary.
    (b) Notification by Electronic Mail.--Section 30118(c) is amended 
by inserting ``or electronic mail'' after ``certified mail''.
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