I 
114TH CONGRESS 
1ST SESSION H. R. 1181 
To amend title 49, United States Code, to provide for increased and improved 
public access to motor vehicle safety information, enhanced tools and 
accountability for the National Highway Traffic Safety Administration, 
and protection of motor vehicle consumers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2015 
Ms. SCHAKOWSKY (for herself, Mr. PALLONE, Mr. BUTTERFIELD, Mrs. 
CAPPS, Ms. CLARKE of New York, Ms. DEGETTE, Mr. KENNEDY, Ms. 
MATSUI, Mr. RUSH, and Mr. TONKO) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To amend title 49, United States Code, to provide for in-
creased and improved public access to motor vehicle safe-
ty information, enhanced tools and accountability for the 
National Highway Traffic Safety Administration, and 
protection of motor vehicle consumers, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Vehicle Safety Improvement Act of 2015’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—INCREASED AND IMPROVED PUBLIC ACCESS TO 
INFORMATION 
Sec. 101. Increased public availability of vehicle safety information. 
Sec. 102. Improved vehicle safety databases. 
Sec. 103. Improved used car buyers guide. 
TITLE II—ENHANCED AGENCY TOOLS AND ACCOUNTABILITY 
Sec. 201. Civil penalties. 
Sec. 202. Early warning reporting requirements. 
Sec. 203. Imminent hazard authority. 
Sec. 204. Retention of safety records by manufacturers. 
Sec. 205. Corporate responsibility for NHTSA reports. 
Sec. 206. Cooperation with foreign governments. 
Sec. 207. Administrative accountability. 
Sec. 208. Reports to Congress. 
TITLE III—CONSUMER PROTECTION 
Sec. 301. Limitation on sale or lease of used motor vehicles subject to a recall. 
Sec. 302. Elimination of regional recalls. 
Sec. 303. Application of remedies for defects and noncompliance. 
Sec. 304. Pedestrian safety improvement rule. 
Sec. 305. Recall obligations under bankruptcy. 
Sec. 306. Rulemaking on rear seat crashworthiness. 
TITLE IV—FUNDING 
Sec. 401. Vehicle safety user fee. 
Sec. 402. Authorization of appropriations. 
TITLE V—ADDITIONAL PROVISIONS 
Sec. 501. Deadlines. 
Sec. 502. Limitation on the preemption of State law. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) PASSENGER
MOTOR
VEHICLE.—The term 
‘‘passenger motor vehicle’’— 
(A) means a motor vehicle (as defined in 
section 30102(a) of title 49, United States 
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Code) that is rated at less than 10,000 pounds 
gross vehicular weight; and 
(B) does not include— 
(i) a motorcycle; 
(ii) a trailer; or 
(iii) a low speed vehicle (as defined in 
section 571.3 of title 49, Code of Federal 
Regulations). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation, acting through the 
Administrator of the National Highway Traffic Safe-
ty Administration. 
TITLE I—INCREASED AND IM-
PROVED PUBLIC ACCESS TO 
INFORMATION 
SEC. 101. INCREASED PUBLIC AVAILABILITY OF VEHICLE 
SAFETY INFORMATION. 
(a) MANUFACTURER COMMUNICATIONS.— 
(1) IN GENERAL.—Section 30166(f) of title 49, 
United States Code, is amended— 
(A) by redesignating paragraph (2) as 
paragraph (3); 
(B) by striking paragraph (1) and insert-
ing the following: 
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‘‘(1) IN GENERAL.—Subject to paragraph (4) 
and notwithstanding any other provision of law, a 
manufacturer shall give the Secretary of Transpor-
tation, and the Secretary shall make available on a 
publicly accessible Internet website, a true or rep-
resentative copy of each communication to the man-
ufacturer’s dealers or to owners or purchasers of a 
motor vehicle or replacement equipment produced by 
the manufacturer regarding— 
‘‘(A) any defect in the vehicle or equipment 
(including any failure or malfunction beyond 
normal deterioration in use, or any failure of 
performance, or any flaw or unintended devi-
ation from design specifications), whether or 
not the defect is safety-related; or 
‘‘(B) any noncompliance with a motor vehi-
cle safety standard prescribed under this chap-
ter in a vehicle or equipment that is sold or 
serviced. 
‘‘(2) TYPES OF COMMUNICATIONS.—The com-
munications described in paragraph (1) shall in-
clude— 
‘‘(A) all notices, bulletins, and other com-
munications, other than those required to be 
submitted pursuant to section 573.6 of title 49, 
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Code of Federal Regulations, sent to more than 
one manufacturer, distributor, dealer, lessor, 
lessee, owner, or purchaser, in the United 
States; and 
‘‘(B) those communications relating to a 
customer satisfaction campaign, safety improve-
ment campaign, consumer advisory, recall, or 
other safety activity involving the repair or re-
placement of motor vehicles or equipment, that 
the manufacturer issued to, or made available 
to, more than one dealer, distributor, lessor, les-
see, other manufacturer, owner, or purchaser, 
in the United States.’’; and 
(C) by adding at the end the following: 
‘‘(4) EXCEPTION.—Notwithstanding paragraph 
(1), the Secretary shall not be required to make cop-
ies of communications available that are manifestly 
not related to motor vehicle safety.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply to communications 
given to the Secretary pursuant to paragraph (1) of 
section 30166(f) of title 49, United States Code, as 
amended by paragraph (1) of this subsection, begin-
ning 1 year after the date of enactment of this Act. 
(b) EARLY WARNING DATA.— 
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(1) IN GENERAL.—Section 30166(m)(4) of title 
49, United States Code, is amended by striking sub-
paragraph (C) and inserting the following: 
‘‘(C) DISCLOSURE.—The information pro-
vided to the Secretary pursuant to this sub-
section shall be disclosed publicly.’’. 
(2) RULE.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall 
issue a final rule establishing categories of informa-
tion provided to the Secretary pursuant to section 
30166(m) of title 49, United States Code, that must 
be made available to the public. The Secretary may 
establish categories of information that the Sec-
retary determines are exempt from public disclosure 
under section 552(b) of title 5, United States Code. 
(3) CONSULTATION.—In conducting the rule-
making required under paragraph (2), the Secretary 
shall consult with the Director of the Office of Gov-
ernment Information Services within the National 
Archives and the Director of the Office of Informa-
tion Policy of the Department of Justice. 
(4) PRESUMPTION AND LIMITATION.—The Sec-
retary shall issue the regulations with a presumption 
in favor of maximum public availability of informa-
tion, including information contained in field reports 
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submitted to the Secretary. In issuing regulations 
under paragraph (2), the following types of informa-
tion shall presumptively not be eligible for protection 
under section 552(b) of title 5, United States Code: 
(A) Production information regarding pas-
senger motor vehicles. 
(B) Vehicle safety defect or noncompliance 
information related to an incident involving 
death or injury. 
(C) Aggregated numbers of property dam-
age claims. 
(D) Aggregated numbers of consumer com-
plaints related to potential vehicle defects. 
(5) NULLIFICATION OF PRIOR REGULATIONS.— 
Upon the effective date of a final rule issued pursu-
ant to paragraph (2), the regulations establishing 
early warning reporting class determinations in Ap-
pendix C of part 512 of title 49, Code of Federal 
Regulations, shall have no force or effect. 
(c) DEATH INQUIRIES.—Not later than 1 year after 
the date of enactment of this Act, and every 6 months 
thereafter, the Secretary shall compile summaries of writ-
ten communications sent by the Secretary to a manufac-
turer during the preceding 6-month period requesting ad-
ditional information about fatal incidents reported under 
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section 30166(m) of title 49, United States Code. Each 
such summary shall be made available on a publicly acces-
sible Internet website for a period of not less than 10 years 
and shall include, at a minimum, the following: 
(1) The manufacturer. 
(2) Any vehicle or equipment make, model 
name, and model year about which the Secretary has 
inquired. 
(3) Any vehicle system or component about 
which the Secretary has inquired. 
(4) The date of the written communication and 
the date by which a response must be submitted by 
the manufacturer. 
(5) The number of incidents about which the 
Secretary has inquired, and the earliest and latest 
quarters during which such incidents were reported 
to the Secretary. 
SEC. 102. IMPROVED VEHICLE SAFETY DATABASES. 
Not later than 2 years after the date of enactment 
of this Act, the Secretary shall increase public accessibility 
to and timeliness of information on the National Highway 
Traffic Safety Administration’s vehicle safety databases 
including by— 
(1) improving organization and functionality, 
including modern web design features, and allowing 
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for 
data 
to 
be 
searched, 
aggregated, 
and 
downloaded; 
(2) providing greater consistency in presen-
tation of vehicle safety issues; 
(3) improving searchability about specific vehi-
cles and issues through standardization of commonly 
used search terms and the integration of databases 
to enable all to be simultaneously searched using the 
same keyword search function; and 
(4) improving the publicly accessible early 
warning database, by— 
(A) enabling users to search for incidents 
across multiple reporting periods for a given 
make and model name, model year, or type of 
potential defect; 
(B) ensuring that search results, in addi-
tion to being downloadable, are sortable within 
an Internet browser by make, model name, 
model year, State or foreign country of the inci-
dent, number of deaths, number of injuries, 
date of the incident, and type of potential de-
fect; and 
(C) developing a clear, organized, and 
searchable method by which the public can ac-
cess information made available by the Sec-
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retary that is reported under clause (ii) of sec-
tion 30166(m)(3)(C) of title 49, United States 
Code, as amended by section 202(a)(1). 
SEC. 103. IMPROVED USED CAR BUYERS GUIDE. 
In addition to the information already required to be 
included pursuant to section 455.2 of title 16, Code of 
Federal Regulations (the Used Motor Vehicle Trade Regu-
lation Rule), the Buyers Guide window form shall in-
clude— 
(1) a statement of the vehicle’s brand history, 
total loss history, and salvage history according to 
the vehicle’s National Motor Vehicle Title Informa-
tion System (NMVTIS) vehicle history report, the 
date on which the dealer obtained the vehicle history 
report, and the website where a consumer can obtain 
a vehicle history report; and 
(2) a statement of the vehicle’s recall repair his-
tory according to the vehicle identification number 
search tool established pursuant to section 31301 of 
the Moving Ahead for Progress in the 21st Century 
Act (49 U.S.C. 30166 note), the date on which the 
used vehicle dealer obtained the recall repair history, 
and the website where a consumer may obtain this 
information. 
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TITLE II—ENHANCED AGENCY 
TOOLS AND ACCOUNTABILITY 
SEC. 201. CIVIL PENALTIES. 
(a) IN GENERAL.—Section 30165(a) of title 49, 
United States Code, is amended— 
(1) in paragraph (1)— 
(A) in the first sentence by striking 
‘‘$5,000’’ and inserting ‘‘$25,000’’; and 
(B) by striking the third sentence; and 
(2) in paragraph (3)— 
(A) in the second sentence by striking 
‘‘$5,000’’ and inserting ‘‘$25,000’’; and 
(B) by striking the third sentence. 
(b) CONSTRUCTION.—Nothing in the amendments 
made by this section shall be construed as preventing the 
imposition of penalties under section 30165 of title 49, 
United States Code, prior to the issuance of a final rule 
pursuant to section 31203(b) of the Moving Ahead for 
Progress in the 21st Century Act (49 U.S.C. 30165 note). 
SEC. 202. EARLY WARNING REPORTING REQUIREMENTS. 
(a) IN GENERAL.—Section 30166(m) of title 49, 
United States Code, is amended— 
(1) in paragraph (3)(A), by amending clause 
(ii) to read as follows: 
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‘‘(ii) customer satisfaction campaigns, 
safety improvement campaigns, customer 
advisories, recalls, consumer complaints, 
warranty claims, field reports, or other ac-
tivity involving the repair or replacement 
of motor vehicles or motor vehicle equip-
ment.’’; and 
(2) in paragraph (4), by striking subparagraph 
(B) and redesignating subparagraphs (C) and (D) 
as subparagraphs (B) and (C), respectively. 
(b) INFORMATION ON FATAL INCIDENTS.—Subpara-
graph (C) of section 30166(m)(3) of title 49, United 
States Code, is amended to read as follows: 
‘‘(C) 
REPORTING
OF
POSSIBLE
DE-
FECTS.— 
‘‘(i) IN GENERAL.—The manufacturer 
of a motor vehicle or motor vehicle equip-
ment shall report to the Secretary, in such 
manner as the Secretary establishes by 
regulation, all incidents of which the man-
ufacturer receives actual notice which in-
volve fatalities or serious injuries which are 
alleged or proven to have been caused by 
a possible defect in such manufacturer’s 
motor vehicle or motor vehicle equipment 
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in the United States, or in a foreign coun-
try when the possible defect is in a motor 
vehicle or motor vehicle equipment that is 
identical or substantially similar to a 
motor vehicle or motor vehicle equipment 
offered for sale in the United States. Re-
porting required under this subsection 
shall not be limited by model year. The 
regulation limiting the model years in-
cluded for reporting purposes in section 
579.21, Code of Federal Regulations, shall 
have no force or effect with respect to the 
reporting required under this subpara-
graph. 
‘‘(ii) FATAL INCIDENTS.—If an inci-
dent described in clause (i) involves one or 
more deaths, the manufacturer shall pro-
vide to the Secretary, in such manner as 
the Secretary establishes by regulation— 
‘‘(I) a copy of all initial claims or 
notice documents that notified the 
manufacturer of the incident; 
‘‘(II) a copy of all investigative 
documents prepared by any local, 
State, or Federal government agency 
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or the personnel of any such agency 
related to the incident, including pho-
tographs, police reports, cause and or-
igin reports, or other documents de-
scribing or reconstructing the inci-
dent; 
‘‘(III) a copy of any amendments 
or supplements to the documents de-
scribed in subclause (I), except for— 
‘‘(aa) 
medical 
documents 
and bills; 
‘‘(bb) property damage in-
voices or estimates; and 
‘‘(cc) documents related to 
quantification of damages; and 
‘‘(IV) the manufacturer’s assess-
ment of the circumstances that led to 
the incident, including the manufac-
turer’s analysis of the claims or no-
tices regarding allegations of a defect. 
‘‘(iii) LIMITATION.—The regulations 
promulgated by the Secretary under clause 
(ii) may not require a manufacturer to 
submit records respecting information de-
scribed in subclause (II) of such clause 
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that is not in the possession of the manu-
facturer.’’. 
(c) COMPONENT CATEGORIES.— 
(1) COMMENCEMENT.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary shall commence a rulemaking proceeding to 
amend the system and component categories re-
quired to be used in early warning reports on light 
vehicles submitted pursuant to section 579.21 of 
title 49, Code of Federal Regulations. In issuing 
rules under this subsection, the Secretary shall, to 
the extent each may assist in the identification of 
defects related to motor vehicle safety, maximize— 
(A) interoperability between the early 
warning reporting database and the publicly 
available consumer complaint database, by en-
suring that the amended set of categories estab-
lished by rule are the same as those available 
to vehicle owners or lessees reporting safety 
issues to the publicly available consumer com-
plaint database; 
(B) precision, including by dividing cat-
egories that are imprecise and adding new cat-
egories that identify specific vehicle equipment 
not previously represented; and 
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(C) organization and ease of use, including 
by housing categories pertaining to specific 
items of equipment within more general vehicle 
safety categories and operating systems. 
(2) FINAL RULE.—Not later than 3 years after 
the date of enactment of this Act, the Secretary 
shall issue a final rule pursuant to paragraph (1). 
(d) STANDARDIZATION OF MANUFACTURER REPORT-
ING PRACTICES.— 
(1) REVIEW.— 
(A) IN GENERAL.—Not later than 4 years 
after the date of enactment of this Act, the Sec-
retary shall complete a comprehensive review of 
the practices of the manufacturers of individual 
light vehicles for reporting to the Secretary inci-
dents involving death or injury pursuant to sec-
tion 579.21 of title 49, Code of Federal Regula-
tions. 
(B) COMPONENTS.—The review conducted 
under subparagraph (A) shall— 
(i) identify the major differences 
among the reporting practices of such 
manufacturers; 
(ii) identify the extent to which such 
manufacturers report precisely the infor-
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mation required under subsection (b) of 
section 579.21 of title 49, Code of Federal 
Regulations, or, alternatively, report addi-
tional information under such subsection; 
(iii) identify the types and sources of 
additional information, as described in 
clause (ii), that manufacturers report to 
the Secretary; 
(iv) assess and explain the extent to 
which differing reporting practices hinder 
the ability of the National Highway Traffic 
Safety Administration to compare a manu-
facturer’s data for vehicles or equipment to 
the data of another manufacturer’s vehi-
cles or equipment, all peer vehicles or 
equipment, or the entire United States 
population of vehicles or equipment, or to 
data on vehicles or equipment submitted to 
the Secretary by a vehicle owner or lessee; 
and 
(v) determine, based on findings 
under clause (iv), whether differences 
among individual light vehicle manufactur-
ers’ practices for reporting to the Sec-
retary incidents involving death or injury 
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pursuant to section 579.21 of title 49, 
Code of Federal Regulations, are detri-
mental to the identification of defects re-
lated to motor vehicle safety in motor vehi-
cles and motor vehicle equipment in the 
United States. 
(2) GUIDELINES.—If the Secretary makes an 
affirmative determination under clause (v) of para-
graph (1)(B), the Secretary shall issue guidelines for 
the standardization of reporting practices described 
in such clause. 
SEC. 203. IMMINENT HAZARD AUTHORITY. 
Section 30118 of title 49, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘(1) The 
Secretary may’’ and inserting ‘‘(1) IN
GEN-
ERAL.—Except as provided under paragraph 
(3), the Secretary may’’; 
(B) in paragraph (2), by inserting ‘‘OR-
DERS.—’’ before ‘‘If the Secretary’’; and 
(C) by adding after paragraph (2) the fol-
lowing: 
‘‘(3) IMMINENT HAZARDS.— 
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‘‘(A) DECISIONS
AND
ORDERS.—If the 
Secretary decides that a defect or noncompli-
ance, or combination of both, under subsection 
(a) presents an imminent hazard, the Sec-
retary— 
‘‘(i) shall notify the manufacturer of 
the motor vehicle or replacement equip-
ment immediately under subsection (a); 
‘‘(ii) shall order the manufacturer of 
the motor vehicle or replacement equip-
ment to immediately— 
‘‘(I) give notification under sec-
tion 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 non-
compliance under section 30120 of 
this title; 
‘‘(iii) notwithstanding section 30119 
or 30120, may order the time for notifica-
tion, means of providing notification, ear-
liest remedy date, and time the owner or 
purchaser has to present the motor vehicle 
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or equipment, including a tire, for remedy; 
and 
‘‘(iv) may include in an order under 
this subparagraph any other terms or con-
ditions that the Secretary determines nec-
essary 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 ac-
cordance 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
HAZ-
ARD.—In this paragraph, the term ‘imminent 
hazard’ means any condition which substan-
tially increases the likelihood of serious injury 
or death if not remedied immediately.’’; and 
(2) in subsection (c), by inserting ‘‘or electronic 
mail’’ after ‘‘certified mail’’. 
SEC. 204. RETENTION OF SAFETY RECORDS BY MANUFAC-
TURERS. 
(a) RULE.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall issue a final 
rule pursuant to section 30117 of title 49, United States 
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Code, requiring each manufacturer of motor vehicles or 
motor vehicle equipment to retain all motor vehicle safety 
records, including documents, reports, correspondence, or 
other materials that contain information concerning mal-
functions that may be related to motor vehicle safety (in-
cluding any failure or malfunction beyond normal deterio-
ration in use, or any failure of performance, or any flaw 
or unintended deviation from design specifications, that 
could in any reasonably foreseeable manner be a causative 
factor in, or aggravate, an accident or an injury to a per-
son), for a period of not less than 20 calendar years from 
the date on which they were generated or acquired by the 
manufacturer. Such requirement shall also apply to all un-
derlying records on which information reported to the Sec-
retary under part 579 of title 49, Code of Federal Regula-
tions, is based. 
(b) APPLICATION.—The rule required by subsection 
(a) shall apply with respect to any record described in such 
subsection that is in the possession of a manufacturer on 
the effective date of such rule. 
SEC. 205. CORPORATE RESPONSIBILITY FOR NHTSA RE-
PORTS. 
(a) AMENDMENT.—Section 30166(o)(1) of title 49, 
United States Code, is amended by striking ‘‘may’’ and 
inserting ‘‘shall’’. 
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(b) DEADLINE.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall issue a final 
rule under section 30166(o)(1) of title 49, United States 
Code, as amended by subsection (a). 
SEC. 206. COOPERATION WITH FOREIGN GOVERNMENTS. 
Section 30182(b) of title 49, United States Code, is 
amended— 
(1) in paragraph (4), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) enter into cooperative agreements (in con-
sultation with the Secretary of State) and collabo-
rative research and development agreements with 
foreign governments.’’. 
SEC. 207. ADMINISTRATIVE ACCOUNTABILITY. 
(a) PETITIONS
FOR STANDARDS
AND ENFORCE-
MENT.— 
(1) MISSED DEADLINES.—Section 30162(d) of 
title 49, United States Code, is amended by insert-
ing at the end the following: ‘‘If the Secretary fails 
to grant or deny a petition within the 120-day pe-
riod, the Secretary shall promptly publish in the 
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Federal Register an explanation for missing the 
deadline and a projected date by which the Secretary 
will decide whether to grant the petition. On Feb-
ruary 1 and August 1 of each year, the Secretary 
shall submit to the Committee on Energy and Com-
merce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate a letter listing each deadline the Sec-
retary missed under this subsection during the 6- 
month period ending on such date, explaining why 
the Secretary missed the deadline, and describing 
any investigations, proceedings, or actions related to 
the relevant petition that the Secretary has con-
ducted or taken since the petition was filed.’’. 
(2) APPEAL
OF
DEFECT
PETITION
REJEC-
TION.—Section 30162 of title 49, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘(e) JUDICIAL REVIEW.—A decision of the Secretary 
to deny a petition filed under subsection (a)(2) is agency 
action subject to judicial review under chapter 7 of title 
5, and such action shall not be considered committed to 
agency discretion within the meaning of section 701(a)(2) 
of such title. A person aggrieved by the denial of a petition 
may obtain judicial review by filing an action in the court 
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of appeals of the United States for the circuit in which 
the person resides or has its principal place of business 
or the United States Court of Appeals for the District of 
Columbia Circuit not more than 180 days after notice of 
the denial of the petition is published in the Federal Reg-
ister.’’. 
(b) 
INFORMATION
PROVIDED
BY
WHISTLE-
BLOWERS.— 
(1) IN
GENERAL.—Subchapter IV of chapter 
301 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘§ 30172. Review of information provided by employ-
ees 
‘‘(a) COVERED PERSON DEFINED.—In this section, 
the term ‘covered person’ means a full-time, part-time, or 
temporary employee, independent contractor, or an em-
ployee of a contractor or subcontractor of a manufacturer, 
distributor, part supplier, or dealer (or any person acting 
pursuant to a request of the employee or to the extent 
such person is engaged in collecting and analyzing infor-
mation provided by one or more such employees) who, in 
good faith, provides information to the Secretary indi-
cating— 
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‘‘(1) the existence of a possible safety-related 
defect or noncompliance with a motor vehicle safety 
standard; or 
‘‘(2) a violation of this chapter or a regulation 
prescribed or order issued under this chapter. 
‘‘(b) REVIEW AND EVALUATION.—Upon receipt of 
motor vehicle safety information from a covered person, 
the Secretary shall review and evaluate the information 
promptly to determine whether a safety-related defect or 
noncompliance, or a violation of this chapter or a regula-
tion prescribed or order issued under this chapter, exists. 
‘‘(c) PROHIBITION.—The Secretary shall not trans-
mit or otherwise disclose any information received from 
a covered person to a manufacturer, distributor, part sup-
plier, or dealer, except pursuant to a written request by, 
or with the prior written consent of, the covered person.’’. 
(2) REPORT.— 
(A) IN
GENERAL.—Not later than 30 
months after the date of enactment of this Act, 
and biennially thereafter for 6 years, the Sec-
retary shall complete a report on the activities 
of the National Highway Traffic Safety Admin-
istration under section 30172 of title 49, 
United States Code, as added by paragraph (1), 
and, upon completion, shall— 
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(i) submit the report to the Com-
mittee on Energy and Commerce of the 
House of Representatives and the Com-
mittee on Commerce, Science, and Trans-
portation of the Senate; and 
(ii) publish the report in an easily ac-
cessible and downloadable electronic for-
mat. 
(B) CONTENTS.—Such report shall in-
clude— 
(i) a summary of submissions by cov-
ered persons (as defined in such section) to 
the Secretary in the 24 months preceding 
the submission of the report, consisting 
of— 
(I) the total number of such sub-
missions and the number within this 
total that were submitted directly by 
an employee described in subsection 
(a) of such section; and 
(II) the number of submissions 
pertaining to a possible safety-related 
defect or noncompliance and the num-
ber of submissions pertaining to a vio-
lation of chapter 301 of title 49, 
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United States Code, or a regulation 
prescribed or order issued under such 
chapter; and 
(ii) a summary of actions taken and 
proceedings, investigations, or research 
conducted by the Secretary in the 24 
months preceding the submission of the re-
port resulting from submissions by covered 
persons (as defined in such section). 
(3) CONFORMING AMENDMENT.—The table of 
sections for chapter 301 of title 49, United States 
Code, is amended by inserting after the item relating 
to section 30171 the following: 
‘‘30172. Review of information provided by employees.’’. 
(c) ANTI-REVOLVING DOOR.— 
(1) AMENDMENT.—Subchapter I of chapter 
301 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘§ 30107. Restriction on covered vehicle safety offi-
cials 
‘‘(a) IN GENERAL.—During the 2-year period after 
the termination of the service or employment of a covered 
vehicle safety official, such official may not knowingly 
make, with the intent to influence, any communication to 
or appearance before any officer or employee of the Na-
tional Highway Traffic Safety Administration on behalf 
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of any manufacturer subject to regulation under this chap-
ter in connection with any matter involving motor vehicle 
safety on which such official seeks official action by any 
officer or employee of the National Highway Traffic Safe-
ty Administration. 
‘‘(b) MANUFACTURERS.—It is unlawful for any man-
ufacturer or other person subject to regulation under this 
chapter to employ or contract for the services of an indi-
vidual to whom subsection (a) applies during the 2-year 
period commencing on the individual’s termination of em-
ployment with the National Highway Traffic Safety Ad-
ministration in a capacity in which the individual is pro-
hibited from serving during that period. 
‘‘(c) SPECIAL RULE FOR DETAILEES.—For purposes 
of this section, a person who is detailed from one Federal 
Government entity to another Federal Government entity 
shall, during the period such person is detailed, be deemed 
to be an officer or employee of both Federal Government 
entities. 
‘‘(d) SAVINGS PROVISION.—Nothing in this section 
may be construed to expand, contract, or otherwise affect 
the application of any waiver or criminal penalties under 
section 207 of title 18. 
‘‘(e) EXCEPTION FOR TESTIMONY.—Nothing in this 
section may be construed to prevent an individual from 
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giving testimony under oath, or from making statements 
required to be made under penalty of perjury. 
‘‘(f) COVERED VEHICLE SAFETY OFFICIAL DE-
FINED.—In this section, the term ‘covered vehicle safety 
official’ means any officer or employee of the National 
Highway Traffic Safety Administration who— 
‘‘(1) during the final 12 months of service or 
employment with the agency, serves in a technical or 
legal capacity, and whose job responsibilities include 
vehicle safety defect investigation, vehicle safety 
compliance, vehicle safety rulemaking, or vehicle 
safety research; or 
‘‘(2) serves in a supervisory or management ca-
pacity over an officer or employee described in para-
graph (1).’’. 
(2) EFFECTIVE DATE.—Section 30107 of title 
49, United States Code, as added by paragraph (1), 
shall apply to a covered vehicle safety official (as 
that term is defined in such section) who terminates 
service or employment with the National Highway 
Traffic Safety Administration after the date of en-
actment of this Act. 
(3) CIVIL PENALTY.—Section 30165(a) of title 
49, United States Code, is amended by adding at 
the end the following: 
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‘‘(5) IMPROPER INFLUENCE.— 
‘‘(A) IN GENERAL.—An individual who vio-
lates section 30107(a) is liable to the United 
States Government for a civil penalty, as deter-
mined under section 216(b) of title 18, for an 
offense under section 207 of that title. 
‘‘(B) MANUFACTURERS.—A manufacturer 
or other person subject to regulation under this 
chapter who violates section 30107(b) is liable 
to the United States Government for a civil 
penalty equal to the sum of— 
‘‘(i) 
an 
amount 
not 
less 
than 
$100,000; and 
‘‘(ii) an amount equal to 90 percent of 
the annual compensation or fee payable to 
the individual with respect to whom the 
violation occurred.’’. 
(4) CONFORMING AMENDMENT.—The table of 
sections for chapter 301 of title 49, United States 
Code, is amended by inserting after the item relating 
to section 30106 the following: 
‘‘30107. Restriction on covered vehicle safety officials.’’. 
SEC. 208. REPORTS TO CONGRESS. 
(a) STUDY ON NHTSA USE OF EARLY WARNING 
DATA.—Not later than 3 years after the date of enact-
ment of this Act, and biennially thereafter for 6 years, 
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the Inspector General of the Department of Transpor-
tation shall submit to the relevant committees a report on 
the use of early warning data by the National Highway 
Traffic Safety Administration (referred to in this section 
as ‘‘NHTSA’’). Each report shall evaluate the following: 
(1) The number and type of requests for infor-
mation made by NHTSA based on data received in 
the early warning reporting system. 
(2) The number of safety defect investigations 
opened by NHTSA using any information reported 
to NHTSA through the early warning reporting sys-
tem. 
(3) The nature and vehicle defect category of 
each safety defect investigation described in para-
graph (2). 
(4) The number of safety defect investigations 
described in paragraph (2) that are subsequently 
closed without further action. 
(5) The duration of each safety defect inves-
tigation described in paragraph (2). 
(6) The percentage of the safety defect inves-
tigations described in paragraph (2) that result in a 
finding of a safety defect or recall by NHTSA. 
(7) Other information the Inspector General 
considers appropriate. 
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(b) REPORT ON MANUFACTURER COMPLIANCE WITH 
EARLY
WARNING
REPORTING
REQUIREMENTS.—Not 
later than 1 year after the date of enactment of this Act, 
the Inspector General of the Department of Transpor-
tation shall submit to the relevant committees a report 
that includes— 
(1) a review of the policies, procedures, and 
practices of the National Highway Traffic Safety 
Administration that are intended to ensure that 
manufacturers subject to the early warning report-
ing requirements of section 30166(m) of title 49, 
United States Code, and subpart C of part 579 of 
title 49, Code of Federal Regulations, submit all re-
quired information in full and without delay; 
(2) an assessment of the extent to which key 
agency and manufacturer employees are aware of 
and understand such policies, procedures, and prac-
tices; 
(3) an assessment of the extent to which manu-
facturers submit all required information in full and 
without delay; and 
(4) findings, conclusions, and recommendations 
for formalizing or strengthening the policies, proce-
dures, and practices of NHTSA to ensure timely and 
complete reporting of early warning data. 
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(c) REPORT ON OPERATIONS OF THE COUNCIL FOR 
VEHICLE
ELECTRONICS, VEHICLE
SOFTWARE, 
AND 
EMERGING TECHNOLOGIES.—Not later than 6 months 
after the date of enactment of this Act, the Secretary shall 
submit to the relevant committees a report on the oper-
ations of the Council for Vehicle Electronics, Vehicle Soft-
ware, and Emerging Technologies that includes informa-
tion about the accomplishments of the Council, the role 
the Council plays in integrating and aggregating expertise 
across NHTSA, and the priorities of the Council over the 
next 5 years. 
(d) REPORT ON RECALL COMPLETION RATES.—Not 
later than 1 year after enactment of this Act and bienni-
ally thereafter for 8 years, the Secretary shall conduct an 
analysis of auto safety recall completion rates to assess 
potential actions by NHTSA to improve auto safety recall 
completion rates and submit to the relevant committees 
a report on the results of such analysis. Each report shall 
include— 
(1) the annual recall completion rate by manu-
facturer, component (such as brakes, fuel systems, 
and airbags), and vehicle type (passenger car, sport 
utility vehicle, passenger van, and pick-up truck) for 
each of the five years before the year the report is 
submitted; 
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(2) the methods by which NHTSA has con-
ducted analyses of these recall completion rates to 
determine trends and identify risk factors associated 
with lower recall rates; and 
(3) the actions NHTSA has planned to improve 
recall completion rates based on the results of this 
data analysis. 
(e) RELEVANT COMMITTEES DEFINED.—In this sec-
tion, the term ‘‘relevant committees’’ means— 
(1) the Committee on Energy and Commerce of 
the House of Representatives; and 
(2) the Committee on Commerce, Science, and 
Transportation of the Senate. 
TITLE III—CONSUMER 
PROTECTION 
SEC. 301. LIMITATION ON SALE OR LEASE OF USED MOTOR 
VEHICLES SUBJECT TO A RECALL. 
(a) IN GENERAL.—Section 30120 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(k) LIMITATION
ON SALE
OR LEASE
OF USED 
MOTOR VEHICLES.— 
‘‘(1) IN GENERAL.—A person who sold at least 
10 motor vehicles during the prior 12 months to 
purchasers that in good faith purchase the vehicles 
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other than for resale, may not sell or lease a used 
motor vehicle until any defect or noncompliance de-
termined under section 30118 with respect to the ve-
hicle has been remedied. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply if— 
‘‘(A) notification of the defect or non-
compliance with respect to the vehicle is re-
quired under section 30118(b) but enforcement 
of the order is set aside in a civil action to 
which section 30121(b) applies; or 
‘‘(B) if at the time of sale or lease— 
‘‘(i) the recall information regarding a 
used motor vehicle was not available using 
the means established by the Secretary 
under section 31301 of the Moving Ahead 
for Progress in the 21st Century Act (49 
U.S.C. 30166 note); and 
‘‘(ii) notification under section 30119 
was not received by the seller or lessor. 
‘‘(3) USED MOTOR VEHICLE DEFINED.—In this 
subsection, the term ‘used motor vehicle’ means a 
motor vehicle that has been purchased previously 
other than for resale.’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect 18 months after the date 
of enactment of this Act. 
SEC. 302. ELIMINATION OF REGIONAL RECALLS. 
Section 30118 of title 49, United States Code, is 
amended by adding at the end the following new sub-
sections: 
‘‘(f) LONG-TERM EXPOSURE
TO ENVIRONMENTAL 
CONDITIONS.—If a manufacturer of a motor vehicle or re-
placement equipment learns the vehicle or equipment con-
tains a safety problem caused by long-term exposure to 
environmental conditions, the manufacturer shall give no-
tice under subsection (c) as if the manufacturer learned 
the vehicle or equipment contains a defect and decides in 
good faith that the defect is related to motor vehicle safe-
ty. 
‘‘(g) NATIONAL ORDERS AND NOTIFICATIONS.—All 
orders under subsection (b)(2) and notifications under 
subsection (c) shall be carried out on a national basis and 
shall not be limited to vehicles or equipment in certain 
States or territories or other geographic regions of the 
United States. This paragraph shall not prevent the Sec-
retary from permitting the prioritization of the shipment 
of replacement parts by geographic location when appro-
priate.’’. 
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SEC. 303. APPLICATION OF REMEDIES FOR DEFECTS AND 
NONCOMPLIANCE. 
Section 30120(g)(1) of title 49, United States Code, 
is amended by striking ‘‘the motor vehicle or replacement 
equipment was bought by the first purchaser more than 
10 calendar years, or’’. 
SEC. 304. PEDESTRIAN SAFETY IMPROVEMENT RULE. 
Not later than 2 years after the date of the enact-
ment of this Act, the Secretary shall issue a final rule 
that— 
(1) establishes standards for passenger motor 
vehicles in order to reduce the number of injuries 
and fatalities suffered by pedestrians and other non- 
occupants who are struck by such vehicles; and 
(2) considers means for protecting especially 
vulnerable pedestrian and non-occupant populations, 
including children, older adults, and individuals with 
disabilities. 
SEC. 305. RECALL OBLIGATIONS UNDER BANKRUPTCY. 
Section 30120A of title 49, United States Code, is 
amended by striking ‘‘chapter 11 of title 11,’’ and insert-
ing ‘‘chapter 7 or chapter 11 of title 11’’. 
SEC. 
306. 
RULEMAKING 
ON 
REAR 
SEAT 
CRASH-
WORTHINESS. 
(a) SAFETY RESEARCH INITIATIVE.—Not later than 
2 years after the date of enactment of this Act, the Sec-
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retary shall complete research into the development of 
safety standards or performance requirements for the 
crashworthiness and survivability for passengers in the 
rear seats of motor vehicles. 
(b) SPECIFICATIONS.—In carrying out subsection (a), 
the Secretary shall consider side- and rear-impact collision 
testing, additional airbags, head restraints, seatbelt fit, 
seatbelt airbags, belt anchor location, and any other fac-
tors the Secretary considers appropriate. 
(c) RULEMAKING OR REPORT.— 
(1) RULEMAKING.—Not later than 1 year after 
the completion of each research and testing initiative 
required under subsection (a), the Secretary shall 
initiate a rulemaking proceeding to issue a Federal 
motor vehicle safety standard if the Secretary deter-
mines that such a standard meets the requirements 
and considerations set forth in subsections (a) and 
(b) of section 30111 of title 49, United States Code. 
(2) REPORT.—If the Secretary determines that 
the standard described in paragraph (1) does not 
meet the requirements and considerations set forth 
in subsections (a) and (b) of section 30111 of title 
49, United States Code, the Secretary shall submit 
a report describing the reasons for not prescribing 
such a standard to the Committee on Energy and 
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Commerce of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. 
TITLE IV—FUNDING 
SEC. 401. VEHICLE SAFETY USER FEE. 
(a) AMENDMENT.—Subchapter I of chapter 301 of 
title 49, United States Code, as amended by section 
207(c)(1), is further amended by adding at the end the 
following: 
‘‘§ 30108. Vehicle safety user fee 
‘‘(a) ESTABLISHMENT OF FUND.—There is estab-
lished in the Treasury of the United States a separate ac-
count for the deposit of fees under this section to be 
known as the Vehicle Safety Fund. 
‘‘(b) ASSESSMENT AND COLLECTION OF VEHICLE 
SAFETY FEES.—The Secretary shall assess and collect, in 
accordance with this section, a vehicle safety user fee from 
the manufacturer for each motor vehicle that is certified 
as compliant with applicable motor vehicle safety stand-
ards under section 30115. 
‘‘(c) DEPOSIT.—The Secretary shall deposit any fees 
collected under subsection (b) into the Vehicle Safety 
Fund established by subsection (a). 
‘‘(d) USE.—Amounts in the Vehicle Safety Fund 
shall be available to the Secretary, as provided in sub-
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section (h), for making expenditures to meet the obliga-
tions of the United States to carry out vehicle safety pro-
grams of the National Highway Traffic Safety Adminis-
tration. 
‘‘(e) VEHICLE SAFETY USER FEE.— 
‘‘(1) FIRST, SECOND, AND THIRD YEAR FEES.— 
The fee assessed under this section for the first 3 
years shall be as follows: 
‘‘(A) $3 for each motor vehicle certified 
during the first year in which such fees are as-
sessed. 
‘‘(B) $6 for each motor vehicle certified 
during the second year in which such fees are 
assessed. 
‘‘(C) $9 for each motor vehicle certified 
during the third year in which such fees are as-
sessed. 
‘‘(2) SUBSEQUENT
YEARS.—The fee assessed 
under this section for each motor vehicle certified 
after the third year in which such fees are assessed 
shall be adjusted annually by the Secretary by notice 
published in the Federal Register in accordance with 
the annual percentage change in the Consumer Price 
Index for all Urban Consumers, as determined by 
the Bureau of Labor Statistics. 
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‘‘(3) PAYMENT.—The Secretary shall require 
payment of fees under this section on a quarterly 
basis and not later than one quarter after the date 
on which the fee was assessed. 
‘‘(f) LIMITATIONS.— 
‘‘(1) IN
GENERAL.—Fees under this section 
shall not be collected for a fiscal year unless appro-
priations for vehicle safety programs of the National 
Highway Traffic Safety Administration for that fis-
cal year (excluding the amount of fees appropriated 
for that fiscal year) are equal to or greater than the 
amount of appropriations for vehicle safety pro-
grams of the National Highway Traffic Safety Ad-
ministration for fiscal year 2015. 
‘‘(2) AUTHORITY.—If the Secretary does not 
assess fees under this section during any portion of 
a fiscal year because of paragraph (1), the Secretary 
may assess and collect the fees, without any modi-
fication in the rate, at a later date in that fiscal year 
notwithstanding subsection (e)(3). 
‘‘(g) COLLECTION OF UNPAID FEES.—If the Sec-
retary does not receive payment of a fee assessed under 
this section within 30 days after the payment is due, the 
fee shall be treated as a claim of the United States Gov-
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ernment subject to subchapter II of chapter 37 of title 
31. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—In ad-
dition to funds authorized to be appropriated under sec-
tion 30104, there is authorized to be appropriated from 
the Vehicle Safety Fund to the Secretary for the National 
Highway Traffic Safety Administration for each fiscal 
year in which fees are collected under subsection (b) an 
amount equal to the total amount collected during the pre-
vious fiscal year from fees assessed under this section. 
Such amounts are authorized to remain available until ex-
pended. 
‘‘(i) CREDITING AND AVAILABILITY OF FEES.—Fees 
authorized under subsection (b) shall be collected and 
available for obligation only to the extent and in the 
amount provided in advance in appropriations Acts.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 301 of title 49, United States Code, as 
amended by section 207(c)(4), is further amended by in-
serting after the item relating to section 30107 the fol-
lowing: 
‘‘30108. Vehicle safety user fee.’’. 
(c) RULEMAKING.—Not later than 9 months after the 
date of enactment of this Act, the Secretary shall promul-
gate rules governing the collection and payment of fees 
under section 30108 of title 49, United States Code, as 
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added by subsection (a), and may update such rules as 
may be necessary. 
(d) EFFECTIVE DATE.—Section 30108 of title 49, 
United States Code, as added by subsection (a), shall take 
effect on the date that is one year after the date of enact-
ment of this Act, and the assessment and collection re-
quired by subsection (b) of such section shall begin on 
such date. 
SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 
Section 30104 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 30104. Authorization of appropriations 
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary to carry out chapter 301 and 
part C of subtitle VI of title 49 the following: 
‘‘(1) $200,000,000 for fiscal year 2016. 
‘‘(2) $240,000,000 for fiscal year 2017. 
‘‘(3) $280,000,000 for fiscal year 2018. 
‘‘(b) SUBSEQUENT FISCAL YEARS.—There are au-
thorized to be appropriated such sums as may be nec-
essary for fiscal years 2019 through 2022, except that the 
amount to be appropriated for a fiscal year shall not be 
less than the amount of the appropriation under this sec-
tion for the immediately preceding fiscal year, increased 
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by the percentage change in the Consumer Price Index 
for the immediately preceding fiscal year.’’. 
TITLE V—ADDITIONAL 
PROVISIONS 
SEC. 501. DEADLINES. 
If the Secretary determines that a deadline under this 
Act, or an amendment made by this Act, cannot be met, 
the Secretary shall— 
(1) submit a notification in writing to the Com-
mittee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate and ex-
plain why that deadline cannot be met; and 
(2) establish a new deadline. 
SEC. 502. LIMITATION ON THE PREEMPTION OF STATE 
LAW. 
(a) CONGRESSIONAL AUTHORIZATION REQUIRED.— 
Notwithstanding any other provision of law, the Secretary 
shall not publish a rule pursuant to section 30111 of title 
49, United States Code, that addresses the issue of pre-
emption of State law seeking damages for personal injury, 
death, or property damage unless Congress expressly au-
thorizes the Secretary to address such preemption. 
(b) PREEMPTION LANGUAGE.—Any language ad-
dressing the issue of preemption contained within regula-
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tions issued by the Secretary pursuant to section 30111 
of title 49, United States Code, during the years 2005 
through 2008 shall not be considered in determining 
whether any such regulation preempts any action under 
State law seeking damages for personal injury, death, or 
property damage unless Congress expressly authorizes the 
Secretary to address such preemption. 
Æ 
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