301 
‘‘(vi) imposes the restrictions de-
scribed in paragraph (2)(B)(iii) for the en-
tire intermediate stage. 
‘‘(D) FUNDING.—Not more than 33 per-
cent of the amounts made available to carry out 
this subsection in a fiscal year shall be made 
available by the Secretary for making grants 
under this paragraph. 
‘‘(5) GRANT AMOUNT.—The allocation of grant 
funds to a State under this subsection for a fiscal 
year shall be in proportion to the State’s apportion-
ment under section 402 for fiscal year 2009. 
‘‘(6) USE OF GRANT AMOUNTS.—Of the grant 
funds received by a State under this subsection— 
‘‘(A) at least 25 percent shall be used 
for— 
‘‘(i) enforcing a 2-stage licensing 
process that complies with paragraph (2); 
‘‘(ii) training for law enforcement per-
sonnel and other relevant State agency 
personnel relating to the enforcement de-
scribed in clause (i); 
‘‘(iii) publishing relevant educational 
materials that pertain directly or indirectly 
to the State graduated driver licensing law; 
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‘‘(iv) carrying out other administrative 
activities that the Secretary considers rel-
evant to the State’s 2-stage licensing proc-
ess; or 
‘‘(v) carrying out a teen traffic safety 
program described in section 402(m); and 
‘‘(B) up to 75 percent may be used for any 
eligible project or activity under section 402.’’. 
SEC. 4006. AMENDMENT TO IGNITION INTERLOCK GRANT 
CRITERIA. 
Section 405(d)(6) of title 23, United States Code, is 
amended by striking subparagraph (A) and inserting the 
following: 
‘‘(A) IN
GENERAL.—The Secretary shall 
make a separate grant under this subsection to 
each State that adopts and is enforcing a law 
that requires all individuals convicted of driving 
under the influence of alcohol or of driving 
while intoxicated to receive— 
‘‘(i) a restriction on driving privileges 
that limits the individual to operating only 
motor vehicles with an ignition interlock 
installed; or 
‘‘(ii) a requirement to participate in a 
24–7 sobriety program, if— 
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‘‘(I) a State-certified ignition 
interlock provider is not available 
within 100 miles of the individual’s 
residence; or 
‘‘(II) the individual is required to 
operate an employer’s motor vehicle in 
the course and scope of employment 
and the business entity that owns the 
vehicle is not owned or controlled by 
the individual.’’. 
SEC. 4007. AMENDMENT TO REPEAT OFFENDER AND OPEN 
CONTAINER CRITERIA. 
(a) DEFINITIONS.—Section 164(a) of title 23, United 
States Code, is amended— 
(1) by redesignating paragraphs (1) through 
(4) as paragraphs (2) through (5), respectively; 
(2) by inserting before paragraph (2), as redes-
ignated, the following: 
‘‘(1) 24–7 SOBRIETY
PROGRAM.—The term 
‘24–7 sobriety program’ means a State law or pro-
gram that authorizes a State court or a State agen-
cy to— 
‘‘(A) require an individual who plead guilty 
or was convicted of driving under the influence 
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of alcohol to totally abstain from alcohol for a 
period of time; and 
‘‘(B) require the individual to be subject to 
testing for alcohol— 
‘‘(i) at least twice per day; or 
‘‘(ii) by continuous transdermal alco-
hol monitoring via an electronic monitoring 
device.’’; 
(3) in paragraph (5), as redesignated, by strik-
ing subparagraph (A) and inserting the following: 
‘‘(A) receive, for a period of not less than 
1 year, one or more of the following penalties— 
‘‘(i) a suspension of all driving privi-
leges; 
‘‘(ii) a restriction on driving privileges 
that limits the individual to operating only 
motor vehicles with an ignition interlock 
device installed; 
‘‘(iii) a requirement to participate in a 
24–7 sobriety program, if— 
‘‘(I) a State-certified ignition 
interlock provider is not available 
within 100 miles of the individual’s 
residence; or 
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‘‘(II) the individual is required to 
operate an employer’s motor vehicle in 
the course and scope of employment 
and the business entity that owns the 
vehicle is not owned or controlled by 
the individual; or 
‘‘(iv) any other restriction established 
by regulations promulgated by the Sec-
retary;’’; 
(4) in paragraph (5), as redesignated, by strik-
ing subparagraph (B); and 
(5) in paragraph (5), as redesignated, by redes-
ignating subparagraphs (C) and (D) as subpara-
graphs (B) and (C), respectively. 
(b) TRANSFER OF FUNDS.—Section 164(b) of title 
23, United States Code, is amended— 
(1) in paragraph (2)(A), by striking ‘‘among 
the uses authorized under subparagraphs (A) and 
(B) of paragraph (1), and paragraph (3).’’ and in-
serting ‘‘among the uses authorized under subpara-
graphs (A) and (B) of paragraph (1), paragraph (3), 
and, beginning in fiscal year 2016, subparagraph 
(C).’’; and 
(2) by inserting the following after paragraph 
(2)(B): 
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‘‘(C) ADDITIONAL USES OF FUNDS.—Be-
ginning in fiscal year 2016, of the funds trans-
ferred under subparagraph (B)(i)— 
‘‘(i) not less than 5 percent shall be 
expended for pedestrian and bicycle safety 
activities if the State’s combined pedes-
trian and bicycle fatalities exceed 5 percent 
of the State’s total crash fatalities, based 
on the most recently reported final data 
from the Fatality Analysis Reporting Sys-
tem; and 
‘‘(ii) not more than 60 percent may be 
directed to State and local law enforcement 
agencies for enforcement of laws that can 
lead to the detection of impaired drivers, 
including the purchase of equipment, the 
training of officers, and the use of addi-
tional personnel dedicated to enforce-
ment.’’. 
(c) TRANSFER OF FUNDS.—Section 154(c) of title 
23, United States Code, is amended— 
(1) in paragraph (2)(A), by striking ‘‘use those 
reserved funds in accordance with subparagraphs 
(A) and (B) of paragraph (1) and paragraph (3).’’ 
and inserting ‘‘use those reserved funds in accord-
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ance with subparagraphs (A) and (B) of paragraph 
(1), paragraph (3), and, beginning in fiscal year 
2016, subparagraph (C).’’; and 
(2) by inserting the following after paragraph 
(2)(B): 
‘‘(C) ADDITIONAL USES OF FUNDS.—Be-
ginning in fiscal year 2016, of the funds trans-
ferred under subparagraph (B)(i)— 
‘‘(i) not less than 5 percent shall be 
expended for pedestrian and bicycle safety 
activities if the State’s combined pedes-
trian and bicycle fatalities exceed 5 percent 
of the State’s total crash fatalities, based 
on the most recently reported final data 
from the Fatality Analysis Reporting Sys-
tem; and 
‘‘(ii) not more than 60 percent may be 
directed to State and local law enforcement 
agencies for enforcement of laws that can 
lead to the detection of impaired drivers, 
including the purchase of equipment, the 
training of officers, and the use of addi-
tional personnel dedicated to enforce-
ment.’’. 
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SEC. 4008. AMENDMENT TO DISTRACTED DRIVING GRANT 
CRITERIA. 
Section 405(e) of title 23, United States Code, is 
amended— 
(1) in paragraph (3)— 
(A) by inserting ‘‘and’’ at the end of sub-
paragraph (B); and 
(B) by striking subparagraph (C) and re-
designating subparagraph (D) as subparagraph 
(C); 
(2) in paragraph (4)(C), by striking ‘‘section 
31152’’ and inserting ‘‘section 31136’’; 
(3) in paragraph (5), by striking ‘‘Of’’ and in-
serting ‘‘Except as provided in paragraph (6)(B), 
of’’; 
(4) by striking paragraph (6) and inserting 
after paragraph (5) the following: 
‘‘(6) 
DISTRACTED
DRIVING
ENFORCEMENT 
GRANTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
use up to 50 percent of the amounts available 
for grants under this subsection to award 
grants to a State that— 
‘‘(i) in fiscal year 2016— 
‘‘(I) has a basic text messaging 
statute, as determined by the Sec-
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309 
retary, that is applicable to drivers of 
all ages; 
‘‘(II) makes violation of the stat-
ute a primary offense; 
‘‘(III) participates in the annual 
distracted driving law enforcement 
mobilization coordinated by the Sec-
retary; and 
‘‘(IV) is otherwise ineligible for a 
grant under this subsection; 
‘‘(ii) in fiscal year 2017— 
‘‘(I) meets the requirements of 
subparagraph (A)(i); and 
‘‘(II) has a statute that estab-
lishes a minimum fine for a first vio-
lation and increased fines for repeat 
violations of the statute; and 
‘‘(iii) in fiscal year 2018— 
‘‘(I) meets the requirements of 
subparagraphs (A)(i) and (A)(ii); and 
‘‘(II) has a statute that prohibits 
a driver who is younger than 18 years 
of age from using a personal wireless 
communications device while driving. 
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‘‘(B) USE
OF
GRANT
FUNDS; ENFORCE-
MENT GRANTS.— 
‘‘(i) Subject to subparagraphs (B)(ii) 
and (B)(iii), amounts received by a State 
under subparagraph (A) may be used for 
activities related to the enforcement of dis-
tracted driving laws as follows: 
‘‘(ii) In fiscal year 2017, up to 15 
percent for any eligible project or activity 
under section 402. 
‘‘(iii) In fiscal year 2018, up to 25 
percent for any eligible project or activity 
under section 402.’’; and 
(5) by striking paragraph (8), redesignating 
paragraph (7) as paragraph (8), and inserting after 
paragraph (6), as amended by this Act, the fol-
lowing: 
‘‘(7) GRANT AMOUNT.—The allocation of grant 
funds to a State under this subsection shall be in 
proportion to the State’s apportionment under sec-
tion 402 for fiscal year 2009.’’. 
SEC. 4009. STREAMLINING OF NATIONAL PRIORITY SAFETY 
PROGRAMS. 
Section 405(a)(1) of title 23, United States Code, is 
amended by striking subparagraph (H). 
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311 
SEC. 4010. AMENDMENT TO HIGHWAY RESEARCH AND DE-
VELOPMENT. 
Section 403 of title 23, United States Code, is 
amended by inserting at the end the following: 
‘‘(i) FEDERAL SHARE.—The Federal share of the 
cost of any project or activity carried out under this sec-
tion may be up to 100 percent if so specified in the project 
agreement.’’. 
Subtitle B—Motor Vehicle Safety 
SEC. 4101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Account of 
the Transportation Trust Fund to carry out chapter 301 
of title 49, United States Code, and part C of subtitle VI 
of title 49, United States Code: 
(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. 
(b) CONTRACT AUTHORITY.—The amounts made 
available under subsection (a) shall be available for obliga-
tion in the same manner as if such funds were apportioned 
or allocated under chapter 1 of title 23, United States 
Code, except that the Federal share of the cost of any 
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312 
project or activity carried out under chapter 301 of title 
49, United States Code, or part C of subtitle VI of title 
49, United States Code, shall be 100 percent or as other-
wise provided in the project agreement. 
SEC. 4102. RECALL OBLIGATIONS UNDER BANKRUPTCY. 
Section 30120A of title 49, United States Code, is 
amended to read as follows: 
‘‘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 accom-
plished by merger or by acquisition of the manufacturer’s 
stock, the acquisition of all or substantially all of the man-
ufacturer’s assets or a discrete product line, or confirma-
tion of any plan of reorganization under section 1129 of 
title 11.’’. 
SEC. 4103. PROHIBITION ON RENDERING SAFETY ELE-
MENTS INOPERATIVE AND CRIMINAL PEN-
ALTIES. 
(a) IN GENERAL.—Section 30122 of title 49, United 
States Code, is amended by revising subsection (b) to read 
as follows: 
‘‘(b) PROHIBITION.—(1) Except as provided in para-
graph (2) of this subsection, a person may not knowingly 
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make inoperative any part of a device or element of design 
installed on or in a motor vehicle or motor vehicle equip-
ment 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 main-
tenance or repair) when the device or element is inoper-
ative. 
‘‘(2) The prohibition in paragraph (1) does not apply 
to modifications made by an individual to a motor vehicle 
or item of equipment owned or leased by that individual.’’. 
(b) CRIMINAL LIABILITY.—Section 30170 of title 49, 
United States Code, is amended by inserting after para-
graph (b) the following; 
‘‘(c) CRIMINAL LIABILITY FOR TAMPERING WITH 
MOTOR VEHICLE SAFETY ELEMENTS.—Whoever willfully, 
with intent to 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 sub-
ject to criminal penalties under section 33(a) of title 18.’’. 
SEC. 4104. COOPERATION WITH FOREIGN GOVERNMENTS. 
(a) TITLE 49 AMENDMENT.—Section 30182(b) of 
title 49, United States Code, is amended by inserting after 
paragraph (5) the following: 
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‘‘(6) enter into cooperative agreements (in co-
ordination with the Department of State) and col-
laborative 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 ‘‘for-
eign government (in coordination with the Depart-
ment of State)’’ after ‘‘institution,’’; and 
(2) in subsection (c)(1)(A), by inserting ‘‘for-
eign governments,’’ after ‘‘local governments,’’. 
SEC. 4105. FUNCTIONAL SAFETY PROCESS. 
(a) STANDARDS.—Section 30111 of title 49, United 
States Code, is amended— 
(1) by revising the heading of the section to 
read as follows: 
‘‘§ 30111. Standards and functional safety process’’; 
and 
(2) by inserting the following after subsection 
(e): 
‘‘(f) FUNCTIONAL SAFETY PROCESS.—The Secretary 
shall prescribe requirements or guidelines for the design, 
functional safety process, verification and validation, and 
development of safety-related electronics or software used 
in motor vehicles and motor vehicle equipment to ensure 
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315 
that they are likely to function as intended and contain 
fail safe features. The requirements shall be in the form 
of regulations or guidelines. In prescribing regulations or 
guidelines under this subsection, the Secretary shall con-
sider existing relevant safety information and motor vehi-
cle safety standards.’’. 
(b) Section 30165(1) of title 49, United States Code, 
is amended by inserting ‘‘30111(f),’’ after ‘‘section’’. 
(c) CONFORMING AMENDMENT.—The analysis for 
chapter 301 is amended by striking the item relating to 
section 30111 and inserting the following: 
‘‘30111. Standards and functional safety process.’’. 
SEC. 4106. NOTIFICATION OF DEFECT OR NONCOMPLIANCE 
AND IMMINENT HAZARD AUTHORITY. 
(a) IN GENERAL.—Section 30118 of title 49, United 
States Code, is amended in subsection (c), by inserting 
‘‘or electronic mail’’ after ‘‘certified mail’’. 
(b) IMMINENT HAZARD.—Title 49, United States 
Code, is amended by inserting after section 30167 the fol-
lowing: 
‘‘§ 30168. Imminent Hazard Authority 
‘‘(a) IMMINENT HAZARD ORDERS.— 
‘‘(1) If, through testing, inspection, investiga-
tion, or research carried out under this chapter, the 
Secretary of Transportation decides that an unsafe 
condition or practice, or a combination of unsafe 
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conditions and practices, causes an emergency situa-
tion involving an imminent hazard of death, personal 
injury, or significant harm to the public, the Sec-
retary immediately may issue an order prescribing 
such restrictions and prohibitions as may be nec-
essary to abate the situation, without regard to re-
quirements for prior notice or hearings under this 
chapter. 
‘‘(2) The order shall describe the condition or 
practice, or the combination of conditions and prac-
tices, that causes the emergency situation and pre-
scribe standards and procedures for obtaining relief 
from the order. This paragraph does not affect the 
Secretary’s discretion under this section to maintain 
the order in effect for as long as the emergency situ-
ation exists. 
‘‘(3) The failure to comply immediately with an 
order under this section shall subject the person to 
penalties prescribed in section 30165. 
‘‘(b) TIMELY REVIEW OF ORDERS.—The Secretary 
shall provide opportunity for review of the order under sec-
tion 554 of title 5. If a petition for review is filed, the 
order will cease to have effect 30 days after the date the 
order was issued if review is not completed by that time, 
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unless the Secretary determines in writing that the emer-
gency situation still exists.’’. 
(c) CONFORMING AMENDMENT.—The analysis of 
chapter 301 of title 49, United States Code, is amended 
by inserting the following after the item relating to section 
30167: 
‘‘30168. Imminent Hazard Authority.’’. 
SEC. 4107. AMENDMENT TO JUDICIAL REVIEW PROVISIONS. 
(a) IN GENERAL.—Section 30161 of title 49, United 
States Code, is amended— 
(1) by revising the heading of the section to 
read as follows: 
‘‘§ 30161. Judicial review of orders and standards’’; 
and 
(2) by striking the first sentence of subsection 
(a), and inserting the following: 
‘‘Except for an order to issue provisional notification 
under section 30121 of this title, which may not be re-
viewed, a person adversely affected by an order issued 
under this chapter, a rule prescribing a motor vehicle safe-
ty standard under this chapter, or any other final agency 
action taken under this chapter may apply for review of 
the order, rule, or action by filing a petition for review 
in the Court of Appeals of the United States for the circuit 
in which the person resides or has its principal place of 
business or the District of Columbia Circuit.’’. 
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(b) RECALLS ENFORCEMENT.—Section 30163 of title 
49, United States Code, is amended by adding the fol-
lowing at the end: 
‘‘(f) ACTIONS TO ENFORCE RECALL ORDERS.—In an 
action brought under subsection (a) of this section con-
cerning an order issued under section 30118(b) of this 
title, the Attorney General need only prove that the Sec-
retary provided appropriate notification to the manufac-
turer under section 30118 and need not establish the sub-
stantive validity of the order, which may only be chal-
lenged by the manufacturer through the timely filing of 
a petition under section 30161 of this title. If an action 
is brought under subsection (a) of this section prior to 
the expiration of the time available for the filing of a peti-
tion under section 30161, the manufacturer may seek a 
stay of the district court action until the resolution of any 
petition for review under section 30161. 
‘‘(g) ACTIONS TO COLLECT A CIVIL PENALTY.—The 
Attorney General may bring a civil action in a United 
States District Court to collect a civil penalty or to collect 
an amount agreed upon in compromise by the Secretary 
under section 30165 of this title.’’. 
(c) CONFORMING AMENDMENT.—The analysis for 
chapter 301 is amended by striking the item relating to 
section 30161 and inserting the following: 
‘‘30161. Judicial review of orders and standards.’’. 
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SEC. 4108. INSPECTION AUTHORITY UNDER AUTOMOBILE 
FUEL ECONOMY STATUTE. 
Section 32910 of title 49, United States Code, is 
amended— 
(1) in subsection (a)(1)(A), by striking ‘‘inspect 
and copy records of any person at reasonable times’’, 
and inserting ‘‘conduct an inspection or investigation 
that may be necessary to enforce this chapter or a 
regulation prescribed or order issued under this 
chapter’’; and 
(2) by redesignating subsections (b), (c) and (d) 
as (c), (d) and (e), respectively, and inserting after 
subsection (a) the following: 
‘‘(b) MATTERS THAT CAN BE INSPECTED AND IM-
POUNDMENT.—In carrying out this chapter, an officer or 
employee designated by the Secretary of Transportation— 
‘‘(1) at reasonable times, may inspect and copy 
any record related to this chapter; 
‘‘(2) on request, may inspect records of a man-
ufacturer, distributor, or dealer to decide whether 
the manufacturer, distributor, or dealer has com-
plied or is complying with this chapter or a regula-
tion prescribed or order issued under this chapter; 
and 
‘‘(3) at reasonable times, in a reasonable way, 
and on display of proper credentials and written no-
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tice to an owner, operator, or agent in charge, 
may— 
‘‘(A) enter and inspect with reasonable 
promptness premises in which a motor vehicle 
or motor vehicle equipment is manufactured, 
held for introduction in interstate commerce, or 
held for sale after introduction in interstate 
commerce; 
‘‘(B) inspect with reasonable promptness 
that vehicle or equipment; and 
‘‘(C) impound for not more than 72 hours 
that vehicle or equipment.’’. 
SEC. 4109. RECALL AUTHORITY OVER RENTAL CAR COMPA-
NIES AND USED CAR DEALERS. 
(a) SALE, LEASE OR RENTAL RESTRICTIONS.—Sec-
tion 30120(i) of title 49, United States Code, is amended 
to read as follows: 
‘‘(i) LIMITATION ON SALE, LEASE OR RENTAL OF 
VEHICLES OR EQUIPMENT.—(1) After receipt of a notifi-
cation of a defect or noncompliance about a motor vehicle 
or new item of replacement equipment under section 
30119 of this title, a dealer may sell or lease that motor 
vehicle or new item of replacement equipment, and a rent-
al company may rent that vehicle, only if— 
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‘‘(A) the defect or noncompliance is remedied as 
required by this section before delivery under the 
sale, lease or rental agreement; or 
‘‘(B) when the notification is required by an 
order under section 30118(b) of this title, enforce-
ment of the order is restrained or the order is set 
aside in a civil action to which section 30121(d) of 
this title applies. 
‘‘(2) This subsection does not prohibit a dealer from 
offering for sale or lease the vehicle or equipment. 
‘‘(3) As used in this subsection, the term ‘rental com-
pany’ means a person who is engaged in the business of 
renting a motor vehicle that has a gross vehicle weight 
rating of 10,000 pounds or less, is rented without a driver 
for an initial term of less than 4 months and is part of 
a motor vehicle fleet of 5 or more motor vehicles that are 
used for rental purposes.’’. 
(b) SALE OR LEASE OF USED MOTOR VEHICLES.— 
Section 30120 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(k) LIMITATION
ON SALE
OR LEASE
OF USED 
MOTOR VEHICLES.—(1) A person who sold at least 10 
motor vehicles during the prior 12 months to purchasers 
that in good faith purchase the vehicles other than for re-
sale, may not sell or lease a used motor vehicle until any 
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defect or noncompliance determined under section 30118 
of this title with respect to the vehicle has been remedied. 
‘‘(2) Paragraph (1) shall not apply if— 
‘‘(A) notification of the defect or noncompliance 
with respect to the vehicle is required under section 
30118(b) but enforcement of the order is set aside 
in a civil action to which section 30121(b) applies; 
or 
‘‘(B) if at the time of sale or lease— 
‘‘(i) the recall information regarding a 
used motor vehicle was not available using the 
means established by the Secretary under sec-
tion 31301 of Public Law 112–141; and 
‘‘(ii) notification under section 30119 was 
not received by the seller or lessor. 
‘‘(3) As used in this subsection, the term ‘used motor 
vehicle’ means a motor vehicle that has been purchased 
previously other than for resale.’’. 
SEC. 4110. CIVIL PENALTIES. 
Section 30165(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘or causes the violation 
of’’ after ‘‘violates’’ in the first sentence; 
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