[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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