I 113th CONGRESS 2d Session H. R. 5654 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Schakowsky (for herself, Mr. Waxman , Mr. Butterfield , Ms. DeGette , Mr. Pallone , Mr. Rush , and Mr. Tonko ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title 49, United States Code, to provide for increased and improved public access to motor vehicle safety information, enhanced tools and accountability for the National Highway Traffic Safety Administration, and protection of motor vehicle consumers, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Vehicle Safety Improvement Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. Title I—Increased and Improved Public Access to Information Sec. 101. Increased public availability of vehicle safety information. Sec. 102. Improved vehicle safety databases. Title II—Enhanced Agency Tools and Accountability Sec. 201. Civil penalties. Sec. 202. Early warning reporting requirements. Sec. 203. Administrative accountability. Sec. 204. Imminent hazard authority. Sec. 205. Cooperation with foreign governments. Sec. 206. Pedestrian safety improvement. Sec. 207. Regional recalls limitation. Title III—Consumer Protection Sec. 301. Limitation on sale or lease of used motor vehicles. Sec. 302. Retention of safety records by manufacturers. Sec. 303. Recall obligations under bankruptcy. Title IV—Additional Provision Sec. 401. Deadlines. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration. I Increased and Improved Public Access to Information 101. Increased public availability of vehicle safety information (a) Manufacturer communications (1) In general Section 30166(f) of title 49, United States Code, is amended— (A) by redesignating paragraph (2) as paragraph (3); (B) by striking paragraph (1) and inserting the following: (1) In general Subject to paragraph (4) and notwithstanding any other provision of law, a manufacturer shall give the Secretary of Transportation, and the Secretary shall make available on a publicly accessible Internet website, a true or representative copy of each communication to the manufacturer’s dealers or to owners or purchasers of a motor vehicle or replacement equipment produced by the manufacturer regarding— (A) any defect in its vehicles or equipment (including any failure or malfunction beyond normal deterioration in use, or any failure of performance, or any flaw or unintended deviation from design specifications), whether or not such defect is safety-related; or (B) any noncompliance with a motor vehicle safety standard prescribed under this chapter in a vehicle or equipment that is sold or serviced. (2) Types of communications The communications described in paragraph (1) shall include— (A) all notices, bulletins, and other communications, other than those required to be submitted pursuant to paragraph (c)(10) of section 573.6 of title 49, Code of Federal Regulations, sent to more than one manufacturer, distributor, dealer, lessor, lessee, owner, or purchaser, in the United States; and (B) those communications relating to a customer satisfaction campaign, consumer advisory, recall, or other safety activity involving the repair or replacement of motor vehicles or equipment, that the manufacturer issued to, or made available to, more than one dealer, distributor, lessor, lessee, other manufacturer, owner, or purchaser, in the United States. ; and (C) by adding at the end the following: (4) Exception Notwithstanding paragraph (1), the Secretary shall not be required to make copies of communications available that are manifestly not related to motor vehicle safety. . (2) Effective date The amendments made by paragraph (1) shall apply to communications given to the Secretary pursuant to paragraph (1) of section 30166(f) of title 49, United States Code, as amended by such paragraph, starting 1 year after the date of enactment of this Act. (b) Early warning data (1) In general Section 30166(m)(4) of title 49, United States Code, is amended by striking subparagraph (C) and inserting the following: (C) Disclosure The information provided to the Secretary pursuant to this subsection shall be disclosed publicly unless exempt from disclosure under section 552(b) of title 5. . (2) Rule Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule establishing categories of information provided to the Secretary pursuant to section 30166(m) of title 49, United States Code, that must be made available to the public. The Secretary may establish categories of information that the Secretary determines are exempt from public disclosure under section 552(b) of title 5, United States Code. (3) Consultation In conducting the rulemaking required under paragraph (2), the Secretary shall consult with the Director of the Office of Government Information Services within the National Archives and the Director of the Office of Information Policy of the Department of Justice. (4) Presumption and Limitation The Secretary shall issue the regulations with a presumption in favor of maximum public availability of information, including information contained in field reports submitted to the Secretary. In issuing regulations under paragraph (2), the following types of information shall presumptively not be eligible for protection under section 552(b) of title 5, United States Code: (A) Vehicle safety defect or noncompliance information related to an incident or incidents involving death or injury. (B) Aggregated numbers of property damage claims. (C) Aggregated numbers of consumer complaints related to potential vehicle defects. (5) Nullification of Prior Regulations Upon the effective date of a final rule issued under paragraph (2), the regulations establishing early warning reporting class determinations in Appendix C of part 512 of title 49, Code of Federal Regulations, shall have no force or effect. (c) Death Inquiries Not later than 1 year after the date of enactment of this Act, and every 6 months thereafter, the Secretary shall compile, and make available on a publicly accessible Internet website for a period of not less than 10 years, summaries of written communications sent by the Secretary to a manufacturer during the preceding 6-month period requesting additional information about fatal incidents reported under section 30166(m) of such title. Each such summary 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. 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 information on the National Highway Traffic Safety Administration’s vehicle safety databases by— (1) improving organization and functionality, including modern web design features, and allowing for data to be searched, aggregated, and down­load­ed; (2) providing greater consistency in presentation of vehicle safety issues; (3) improving searchability about specific vehicles and issues through standardization of commonly used search terms and the integration of databases to enable all to be simultaneously searched using the same keyword search function; and (4) improving the publicly accessible early warning database, by— (A) enabling users to search for incidents across multiple reporting periods for a given make and model name, model year, or type of potential defect; (B) ensuring that search results, in addition to being downloadable, are sortable within an Internet browser by make, model name, model year, State or foreign country of the incident, number of deaths, number of injuries, date of the incident, and type of potential defect; and (C) developing a clear, organized, and searchable method by which the public can access information made available by the Secretary that is reported under clause (ii) of section 30166(m)(3)(C) of title 49, United States Code, as amended by this Act. II Enhanced Agency Tools and Accountability 201. Civil penalties (a) In general Section 30165 of title 49, United States Code, is amended— (1) in subsection (a)(1)— (A) in the first sentence by striking $5,000 and inserting $25,000 ; and (B) by striking the third sentence; and (2) in subsection (a)(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 under section 31203(b) of the Moving Ahead for Progress in the 21st Century Act ( 49 U.S.C. 30165 note). 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 striking clause (ii) and inserting the following: (ii) customer satisfaction campaigns, customer advisories, recalls, consumer complaints, warranty claims, field reports, or other activity involving the repair or replacement of motor vehicles or motor vehicle equipment. ; and (2) in paragraph (4), by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (b) Information on fatal incidents Section 30166(m)(3)(C) of title 49, United States Code, is amended— (1) by striking The manufacturer and inserting the following: (i) In general The manufacturer ; and (2) by adding at the end the following: (ii) Fatal incidents If an incident described in clause (i) involves one or more deaths, the manufacturer shall report to the Secretary, in such manner as the Secretary establishes by regulation— (I) all initial claims or notice documents that notified the manufacturer of the incident; (II) all investigative documents prepared by any local, State, or Federal government agency or personnel related to the incident, including photographs, police reports, cause and origin reports, or other documents describing or reconstructing the incident; (III) any amendments or supplements to the documents described in subclause (I), except for— (aa) medical documents and bills; (bb) property damage invoices or estimates; and (cc) documents related to quantification of damages; and (IV) the manufacturer’s assessment of the circumstances that led to the incident, including the manufacturer’s analysis of the claims or notices regarding allegations of a defect. (iii) Limitation The regulations promulgated by the Secretary under clause (ii) may not require a manufacturer to submit records respecting information described in subclause (II) of such clause that is not in the possession of the manufacturer. . (c) Component categories (1) Commencement Not later than 1 year after the date of enactment of this Act, the Secretary shall commence a rulemaking proceeding to amend the system and component categories required to be used in early warning reports on light vehicles submitted pursuant to section 579.21 of title 49, Code of Federal Regulations. In issuing rules under this subsection, the Secretary shall, to the extent each may assist in the identification of defects related to motor vehicle safety, maximize— (A) interoperability between the early warning reporting database and the publicly available consumer complaint database, by ensuring that the amended set of categories established by rule are the same as those available to vehicle owners or lessees reporting safety issues to the publicly available consumer complaint database; (B) precision, including by dividing categories that are imprecise and adding new categories that identify specific vehicle equipment not previously represented; and (C) organization and ease of use, including by housing categories pertaining to specific items of equipment within more general vehicle safety categories and operating systems. (2) Final rule Not later than 3 years after the date of enactment of this Act, the Secretary shall issue a final rule pursuant to paragraph (1). (d) Standardization of manufacturer reporting practices (1) Review (A) In general Not later than 4 years after the date of enactment of this Act, the Secretary shall complete a comprehensive review of individual light vehicle manufacturers’ practices for reporting to the Secretary incidents involving death or injury pursuant to section 579.21 of title 49, Code of Federal Regulations. (B) Components The review conducted under subparagraph (A) shall— (i) identify the major differences among such manufacturers’ reporting practices; (ii) identify the extent to which such manufacturers report precisely the information required under subsection (b) of section 579.21 of title 49, Code of Federal Regulations, or, alternatively, report additional information under such subsection; (iii) identify the types and sources of additional information, as described in clause (ii), that manufacturers report to the Secretary; (iv) assess and explain the extent to which differing reporting practices hinder the ability of the National Highway Traffic Safety Administration to compare a manufacturer’s data for vehicles or equipment to the data of another manufacturer’s vehicles or equipment, all peer vehicles or equipment, or the entire United States population of vehicles or equipment, or to data on vehicles or equipment submitted to the Secretary by a vehicle owner or lessee; and (v) determine, based on findings under clause (iv), whether differences among individual light vehicle manufacturers’ practices for reporting to the Secretary incidents involving death or injury pursuant to section 579.21 of title 49, Code of Federal Regulations, are detrimental to the identification of defects related to motor vehicle safety in motor vehicles and motor vehicle equipment in the United States. (2) Guidelines If the Secretary makes an affirmative determination under clause (v) of paragraph (1)(B), the Secretary may issue guidelines for the standardization of reporting practices described in such clause. (e) Report on Manufacturer Compliance with Early Warning Reporting Requirements Not later than 1 year after the date of enactment of this Act, the Inspector General of the Department of Transportation shall— (1) review the National Highway Traffic Safety Administration’s policies, procedures, and practices intended to ensure that manufacturers subject to the early warning reporting requirements of section 30166(m) of title 49, United States Code, and subpart C of part 579 of title 49, Code of Federal Regulations, submit all required information in full and without delay; (2) assess the extent to which key agency and manufacturer employees are aware of and understand such policies, procedures, and practices; (3) assess the extent to which manufacturers submit all required information in full and without delay; and (4) submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that contains the Inspector General’s findings, conclusions, and recommendations for formalizing or strengthening agency policies, procedures, and practices in order to ensure timely and complete reporting of early warning data. 203. Administrative accountability (a) Petitions for Standards and Enforcement (1) Missed deadlines Section 30162(d) of title 49, United States Code, is amended by inserting at the end the following: If the Secretary fails to grant or deny a petition within the 120-day period, the Secretary shall promptly publish in the Federal Register an explanation for missing the deadline and a projected date by which the Secretary will decide whether to grant the petition. On February 1 and August 1 of each year, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a letter listing each deadline the Secretary missed under this subsection during the 6-month period ending on such date, explaining why the Secretary missed the deadline, and describing any investigations, proceedings, or actions related to the relevant petition that the Secretary has conducted or taken since the petition was filed. . (2) Appeal of defect petition rejection Section 30162 of title 49, United States Code, is further amended by adding at the end the following: (e) Judicial Review A decision of the Secretary to deny a petition filed under subsection (a)(2) is agency action subject to judicial review under chapter 7 of title 5, and such action shall not be considered committed to agency discretion within the meaning of section 701(a)(2) of such title. A person aggrieved by the denial of a petition may obtain judicial review by filing an action in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business or the United States Court of Appeals for the District of Columbia Circuit not more than 180 days after notice of the denial of the petition is published in the Federal Register. . (b) Information Provided by Whistleblowers (1) In general Subchapter IV of chapter 301 of title 49, United States Code, is amended by adding at the end the following: 30172. Review of information provided by employees (a) Definition of Covered Person In this section, the term covered person means an employee of a manufacturer, distributor, part supplier, or dealer (or any person acting pursuant to a request of the employee or to the extent such person is engaged in collecting and analyzing information provided by one or more such employees) who, in good faith, provides information to the Secretary indicating— (1) the existence of a possible safety-related defect or noncompliance with a motor vehicle safety standard; or (2) a violation of this chapter or a regulation prescribed or order issued under this chapter. (b) Review and Evaluation Upon receipt of motor vehicle safety information from a covered person, the Secretary shall review and evaluate the information promptly to determine whether a safety-related defect or noncompliance, or a violation of this chapter or a regulation prescribed or order issued under this chapter, exists. (c) Prohibition The Secretary shall not transmit or otherwise disclose any information received from a covered person to a manufacturer, distributor, part supplier, or dealer, except pursuant to a written request by, or with the prior written consent of, the covered person. . (2) Report (A) In general Not later than 30 months after the date of enactment of this Act, and biennially thereafter for 6 years, the Secretary shall complete a report on the activities of the National Highway Traffic Safety Administration under section 30172 of title 49, United States Code, as added by paragraph (1), and, upon completion, shall— (i) submit the report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; and (ii) publish the report in an easily accessible and downloadable electronic format. (B) Contents Such report shall include— (i) a summary of submissions by covered persons (as defined in such section) to the Secretary in the 24 months preceding the submission of the report, consisting of— (I) the total number of such submissions and the number within this total which were submitted directly by an employee described in subsection (a) of such section; and (II) the number of submissions pertaining to a possible safety-related defect or noncompliance and the number of submissions pertaining to a violation of chapter 301 of title 49, United States Code, or a regulation prescribed or order issued under such chapter; and (ii) a summary of actions taken and proceedings, investigations, or research conducted by the Secretary in the 24 months preceding the submission of the report resulting from submissions by covered persons (as defined in such section). (3) Conforming amendment The table of sections for chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30171 the following: 30172. Review of information provided by employees. . 204. Imminent hazard authority Section 30118 of title 49, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by striking (1) The Secretary may and inserting (1) In general.— Except as provided under paragraph (3), the Secretary may . (B) in paragraph (2), by inserting Orders.— before If the Secretary ; and (C) by adding after paragraph (2) the following: (3) Imminent hazards (A) Decisions and orders If the Secretary decides that a defect or noncompliance, or combination of both, under subsection (a) presents an imminent hazard, the Secretary— (i) shall notify the manufacturer of the motor vehicle or replacement equipment immediately under subsection (a); (ii) shall order the manufacturer of the motor vehicle or replacement equipment to immediately— (I) give notification under section 30119 of this title to the owners, purchasers, and dealers of the vehicle or equipment of the imminent hazard; and (II) remedy the defect or noncompliance under section 30120 of this title; (iii) notwithstanding section 30119 or 30120, may order the time for notification, means of providing notification, earliest remedy date, and time the owner or purchaser has to present the motor vehicle or equipment, including a tire, for remedy; and (iv) may include in an order under this subparagraph any other terms or conditions that the Secretary determines necessary to abate the imminent hazard. (B) Opportunity for administrative review Subsequent to the issuance of an order under subparagraph (A), opportunity for administrative review shall be provided in accordance with section 554 of title 5, except that such review shall occur not later than 10 days after issuance of such order. (C) Definition of imminent hazard In this paragraph, the term imminent hazard means any condition which substantially increases the likelihood of serious injury or death if not remedied immediately. ; and (2) in subsection (c), by inserting or electronic mail after certified mail . 205. Cooperation with foreign governments Section 30182(b) of title 49, United States Code, is amended 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. . 206. Pedestrian safety improvement (a) Rule Not later than 2 years after the date of the enactment of this Act, the Secretary shall issue a final rule that— (1) establishes standards for passenger motor vehicles in order to reduce the number of injuries and fatalities suffered by pedestrians and other non-occupants who are struck by such vehicles; and (2) considers means for protecting especially vulnerable pedestrian and non-occupant populations, including children, older adults, and individuals with disabilities. (b) Definition of passenger motor vehicle In this section, the term passenger motor vehicle means a motor vehicle (as defined in section 30102(a)(6) of title 49, United States Code) that is rated at less than 10,000 pounds gross vehicular weight. Such term does not include— (1) a motorcycle; (2) a trailer; or (3) a low-speed vehicle (as defined in section 571.3 of title 49, Code of Federal Regulations). 207. Regional recalls limitation Section 30118 of title 49, United States Code, is amended by adding at the end the following new subsections: (f) Long-Term Exposure to Environmental Conditions If a manufacturer of a motor vehicle or replacement equipment learns the vehicle or equipment contains a safety problem caused by long-term exposure to environmental conditions, the manufacturer shall give notice under subsection (c) as if the manufacturer learned the vehicle or equipment contains a defect and decides in good faith that the defect is related to motor vehicle safety. (g) National Orders and Notifications All orders under subsection (b)(2) and notifications under subsection (c) shall be carried out on a national basis and shall not be limited to vehicles or equipment in certain States or territories or other geographic regions of the United States. . III Consumer Protection 301. Limitation on sale or lease of used motor vehicles (a) In general Section 30120 of title 49, United States Code, is amended by adding at the end the following: (k) Limitation on sale or lease of used motor vehicles (1) A dealer may not sell or lease a used motor vehicle until— (A) the dealer clearly and conspicuously notifies the purchaser or lessee, in writing, of any notifications of a defect or noncompliance under section 30118(b) or section 30118(c) of this title with respect to the used motor vehicle that have not been remedied; and (B) the purchaser or lessee acknowledges, in writing, receipt of the notification from the dealer under subparagraph (A). (2) Paragraph (1) shall not apply if— (A) the defect or noncompliance is remedied under section 30120 of this title before delivery under the sale or lease; 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) This subsection shall not apply to a dealer if the recall information regarding a used 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), and was not otherwise known to and accessible to the dealer at such time. (4) In this subsection, notwithstanding section 30102(a)(1) of this title— (A) the term dealer means a person that has sold at least 10 motor vehicles to 1 or more consumers during the prior 12 months; and (B) the term used motor vehicle means a motor vehicle that has previously been purchased other than for resale. (5) By rule, the Secretary may exempt the auctioning of a used passenger motor vehicle to a dealer from the requirements of this section to the extent that the exemption does not harm public safety. . (b) Effective date This section shall take effect 18 months after the date of enactment of this Act. 302. Retention of safety records by manufacturers (a) Rule Not later than 18 months after the date of enactment of this Act, the Secretary shall issue a final rule pursuant to section 30117 of title 49, United States Code, requiring each manufacturer of motor vehicles or motor vehicle equipment to retain all motor vehicle safety records, including documents, reports, correspondence, or other materials that contain information concerning malfunctions that may be related to motor vehicle safety (including any failure or malfunction beyond normal deterioration in use, or any failure of performance, or any flaw or unintended deviation from design specifications, that could in any reasonably foreseeable manner be a causative factor in, or aggravate, an accident or an injury to a person), for a period of not less than 20 calendar years from the date on which they were generated or acquired by the manufacturer. Such requirement shall also apply to all underlying records on which information reported to the Secretary under part 579 of title 49, Code of Federal Regulations, is based. (b) Application The rule required by subsection (a) shall apply with respect to any record described in such subsection that is in the possession of a manufacturer on the effective date of such rule. 303. Recall obligations under bankruptcy Section 30120A of title 49, United States Code, is amended by striking chapter 11 of title 11, and inserting chapter 7 or chapter 11 of title 11 . IV Additional Provision 401. 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) notify the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and explain why that deadline cannot be met; and (2) establish a new deadline.