US Codex
Pub. L.
Notes

Division B — Comprehensive Transportation and Consumer Protection Act of 2015

114th Congress · Approved Dec 4, 2015 · 129 Stat. 1312 · Lineage

DIVISION B Comprehensive Transportation and Consumer Protection Act of 2015

TITLE XXIV Motor Vehicle Safety

Subtitle A Vehicle Safety

SEC. 24101. Authorization of Appropriations.

(a)
In General.— Subject to subsection (b), there is authorized to be appropriated to the Secretary to carry out chapter 301 of title 49, and part C of subtitle VI of title 49, United States Code, amounts as follows:
(1)
$132,730,000 for fiscal year 2016.
(2)
$135,517,330 for fiscal year 2017.
(3)
$138,363,194 for fiscal year 2018.
(4)
$141,268,821 for fiscal year 2019.
(5)
$144,235,466 for fiscal year 2020.
(b)
Additional Authorization of Appropriations if a Certification Is Made.—
(1)
In general.— In addition to the amounts authorized to be appropriated under subsection (a) to carry out chapter 301 of title 49, and part C of subtitle VI of title 49, United States Code, if the certification described in paragraph (2) is made during a fiscal year there is authorized to be appropriated to the Secretary for that purpose for that fiscal year and subsequent fiscal years an additional amount as follows:
(A)
$46,270,000 for fiscal year 2016.
(B)
$51,537,670 for fiscal year 2017.
(C)
$57,296,336 for fiscal year 2018.
(D)
$62,999,728 for fiscal year 2019.
(E)
$69,837,974 for fiscal year 2020.
(2)
Certification described.— The certification described in this paragraph is a certification made by the Secretary and submitted to Congress that the National Highway Traffic Safety Administration has implemented all of the recommendations in the Office of Inspector General Audit Report issued June 18, 2015 (ST–2015–063). As part of the certification, the Secretary shall review the actions the National Highway Traffic Safety Administration has taken to implement the recommendations and issue a report to Congress detailing how the recommendations were implemented. The Secretary shall not delegate or assign the responsibility under this paragraph.

SEC. 24102. Inspector General Recommendations.

(a)
In General.— Not later than 90 days after the date of enactment of this Act, and periodically thereafter until the completion date, the Department of Transportation Inspector General shall report to the appropriate committees of Congress on whether and what progress has been made to implement the recommendations in the Office of Inspector General Audit Report issued June 18, 2015 (ST–2015–063).
(b)
Implementation Progress.— The Administrator of the National Highway Traffic Safety Administration shall—
(1)
not later than 90 days after the date of enactment of this Act, and periodically thereafter until the completion date, provide a briefing to the appropriate committees of Congress on the actions the Administrator has taken to implement the recommendations in the audit report described in subsection (a), including a plan for implementing any remaining recommendations; and
(2)
not later than 1 year after the date of enactment of this Act, issue a final report to the appropriate committees of Congress on the implementation of all of the recommendations in the audit report described in subsection (a).
(c)
Definitions.— In this section:
(1)
Appropriate committees of congress.— The term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.
(2)
Completion date.— The term “completion date” means the date that the National Highway Traffic Safety Administration has implemented all of the recommendations in the Office of Inspector General Audit Report issued June 18, 2015 (ST–2015–063).

SEC. 24103. Improvements in Availability of Recall Information.

(a)
Vehicle Recall Information.— Not later than 2 years after the date of enactment of this Act, the Secretary shall implement current information technology, web design trends, and best practices that will help ensure that motor vehicle safety recall information available to the public on the Federal website is readily accessible and easy to use, including—
(1)
by improving the organization, availability, readability, and functionality of the website;
(2)
by accommodating high-traffic volume; and
(3)
by establishing best practices for scheduling routine website maintenance.
(b)
Government Accountability Office Public Awareness Report.—
(1)
In general.— The Comptroller General shall study the current use by consumers, dealers, and manufacturers of the safety recall information made available to the public, including the usability and content of the Federal and manufacturers’ websites and the National Highway Traffic Safety Administration’s efforts to publicize and educate consumers about safety recall information.
(2)
Report.— Not later than 2 years after the date of enactment of this Act, the Comptroller General shall issue a report with the findings of the study under paragraph (1), including recommending any actions the Secretary can take to improve public awareness and use of the websites for safety recall information.
(c)
Promotion of Public Awareness.— Section 31301(c) of the Moving Ahead for Progress in the 21st Century Act (49 U.S.C. 30166 note) is amended to read as follows:

“(c) Promotion of Public Awareness.—The Secretary shall improve public awareness of safety recall information made publicly available by periodically updating the method of conveying that information to consumers, dealers, and manufacturers, such as through public service announcements.”

(d)
Consumer Guidance.— Not later than 1 year after the date of enactment of this Act, the Secretary shall make available to the public on the Internet detailed guidance for consumers submitting safety complaints, including—
(1)
a detailed explanation of what information a consumer should include in a complaint; and
(2)
a detailed explanation of the possible actions the National Highway Traffic Safety Administration can take to address a complaint and respond to the consumer, including information on—
(A)
the consumer records, such as photographs and police reports, that could assist with an investigation; and
(B)
the length of time a consumer should retain the records described in subparagraph (A).
(e)
Vin Search.—
(1)
In general.— The Secretary, in coordination with industry, including manufacturers and dealers, shall study—
(A)
the feasibility of searching multiple vehicle identification numbers at a time to retrieve motor vehicle safety recall information; and
(B)
the feasibility of making the search mechanism described under subparagraph (A) publicly available.
(2)
Considerations.— In conducting the study under paragraph (1), the Secretary shall consider the potential costs, and potential risks to privacy and security in implementing such a search mechanism.

SEC. 24104. Recall Process.

(a)
Notification Improvement.—
(1)
In general.— Not later than 270 days after the date of enactment of this Act, the Secretary shall prescribe a final rule revising the regulations under section 577.7 of title 49, Code of Federal Regulations, to include notification by electronic means in addition to notification by first class mail.
(2)
Definition of electronic means.— In this subsection, the term “electronic means” includes electronic mail and may include such other means of electronic notification, such as social media or targeted online campaigns, as determined by the Secretary.
(b)
Notification by Manufacturer.— Section 30118(c) of title 49, United States Code, is amended by inserting “ or electronic mail” after “ certified mail”.
(c)
Recall Completion Rates Report.—
(1)
In general.— Not later than 1 year after the date of enactment of this Act, and biennially thereafter for 4 years, the Secretary shall—
(A)
conduct an analysis of vehicle safety recall completion rates to assess potential actions by the National Highway Traffic Safety Administration to improve vehicle safety recall completion rates; and
(B)
submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results of the analysis.
(2)
Contents.— Each report shall include—
(A)
the annual recall completion rate by manufacturer, model year, component (such as brakes, fuel systems, and air bags), and vehicle type (passenger car, sport utility vehicle, passenger van, and pick-up truck) for each of the 5 years before the year the report is submitted;
(B)
the methods by which the Secretary has conducted analyses of these recall completion rates to determine trends and identify risk factors associated with lower recall rates; and
(C)
the actions the Secretary has planned to improve recall completion rates based on the results of this data analysis.
(d)
Inspector General Audit of Vehicle Recalls.—
(1)
In general.— The Department of Transportation Inspector General shall conduct an audit of the National Highway Traffic Safety Administration’s management of vehicle safety recalls.
(2)
Contents.— The audit shall include a determination of whether the National Highway Traffic Safety Administration—
(A)
appropriately monitors recalls to ensure the appropriateness of scope and adequacy of recall completion rates and remedies;
(B)
ensures manufacturers provide safe remedies, at no cost to consumers;
(C)
is capable of coordinating recall remedies and processes; and
(D)
can improve its policy on consumer notice to combat effects of recall fatigue.

SEC. 24105. Pilot Grant Program for State Notification to Consumers of Motor Vehicle Recall Status.

(a)
In General.— Not later than October 1, 2016, the Secretary shall implement a 2-year pilot program to evaluate the feasibility and effectiveness of a State process for informing consumers of open motor vehicle recalls at the time of motor vehicle registration in the State.
(b)
Grants.— To carry out this program, the Secretary may make a grant to each eligible State, but not more than 6 eligible States in total, that agrees to comply with the requirements under subsection (c). Funds made available to a State under this section shall be used by the State for the pilot program described in subsection (a).
(c)
Eligibility.— To be eligible for a grant, a State shall—
(1)
submit an application in such form and manner as the Secretary prescribes;
(2)
agree to notify, at the time of registration, each owner or lessee of a motor vehicle presented for registration in the State of any open recall on that vehicle;
(3)
provide the open motor vehicle recall information at no cost to each owner or lessee of a motor vehicle presented for registration in the State; and
(4)
provide such other information as the Secretary may require.
(d)
Awards.— In selecting an applicant for an award under this section, the Secretary shall consider the State’s methodology for determining open recalls on a motor vehicle, for informing consumers of the open recalls, and for determining performance.
(e)
Performance Period.— Each grant awarded under this section shall require a 2-year performance period.
(f)
Report.— Not later than 90 days after the completion of the performance period under subsection (e), a grantee shall provide to the Secretary a report of performance containing such information as the Secretary considers necessary to evaluate the extent to which open recalls have been remedied.
(g)
Evaluation.— Not later than 180 days after the completion of the pilot program, the Secretary shall evaluate the extent to which open recalls identified have been remedied.
(h)
Definitions.— In this section:
(1)
Consumer.— The term “consumer” includes owner and lessee.
(2)
Motor vehicle.— The term “motor vehicle” has the meaning given the term under section 30102(a) of title 49, United States Code.
(3)
Open recall.— The term “open recall” means a recall for which a notification by a manufacturer has been provided under section 30119 of title 49, United States Code, and that has not been remedied under section 30120 of that title.
(4)
Registration.— The term “registration” means the process for registering motor vehicles in the State.
(5)
State.— The term “State” has the meaning given the term under section 101(a) of title 23, United States Code.

SEC. 24107. Dealer Requirement to Check for Open Recall.

Section 30120(f) of title 49, United States Code, is amended—
(1)
by inserting “ (1) in general. A manufacturer” and indenting appropriately;
(2)
in paragraph (1), as redesignated, by striking the period at the end and inserting the following:

“(A) at the time of providing service for each of the manufacturer’s motor vehicles it services, the dealer notifies the owner or the individual requesting the service of any open recall; and

“(B) the notification requirement under subparagraph (A) is specified in a franchise, operating, or other agreement between the dealer and the manufacturer.”

; and

(3)
by adding at the end the following:

“(2) Definition of open recall.—In this subsection, the term ‘open recall’ means a recall for which a notification by a manufacturer has been provided under section 30119 and that has not been remedied under this section.”

SEC. 24108. Extension of Time Period for Remedy of Tire Defects.

Section 30120(b) of title 49, United States Code, is amended—
(1)
in paragraph (1), by striking “ 60 days” and inserting “ 180 days”; and
(2)
in paragraph (2), by striking “ 60-day” each place it appears and inserting “ 180-day”.

SEC. 24109. Rental Car Safety.

(a)
Short Title.— This section may be cited as the “Raechel and Jacqueline Houck Safe Rental Car Act of 2015”.
(b)
Definitions.— Section 30102(a) of title 49, United States Code, is amended—
(1)
by redesignating paragraphs (10) and (11) as paragraphs (12) and (13), respectively;
(2)
by redesignating paragraphs (1) through (9) as paragraphs (2) through (10), respectively;
(3)
by inserting before paragraph (2), as redesignated, the following:

“(1) ‘covered rental vehicle’ means a motor vehicle that—

“(A) has a gross vehicle weight rating of 10,000 pounds or less;

“(B) is rented without a driver for an initial term of less than 4 months; and

“(C) is part of a motor vehicle fleet of 35 or more motor vehicles that are used for rental purposes by a rental company.”

; and

(4)
by inserting after paragraph (10), as redesignated, the following:

“(11) ‘rental company’ means a person who—

“(A) is engaged in the business of renting covered rental vehicles; and

“(B) uses for rental purposes a motor vehicle fleet of 35 or more covered rental vehicles, on average, during the calendar year.”

(c)
Remedies for Defects and Noncompliance.— Section 30120(i) of title 49, United States Code, is amended—
(1)
in the subsection heading, by adding “ , or Rental” at the end;
(2)
in paragraph (1)—
(A)
by striking “ (1) If notification” and inserting the following:

“(1) In general.—If notification”

(B)
by indenting subparagraphs (A) and (B) four ems from the left margin;
(C)
by inserting “ or the manufacturer has provided to a rental company notification about a covered rental vehicle in the company’s possession at the time of notification” after “ time of notification”;
(D)
by striking “ the dealer may sell or lease,” and inserting “ the dealer or rental company may sell, lease, or rent”; and
(E)
in subparagraph (A), by striking “ sale or lease” and inserting “ sale, lease, or rental agreement”;
(3)
by amending paragraph (2) to read as follows:

“(2) Rule of construction.—Nothing in this subsection may be construed to prohibit a dealer or rental company from offering the vehicle or equipment for sale, lease, or rent.”

; and

(4)
by adding at the end the following:

“(3) Specific rules for rental companies.—

“(A) In general.—Except as otherwise provided under this paragraph, a rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 24 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30118 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail.

“(B) Special rule for large vehicle fleets.—Notwithstanding subparagraph (A), if a rental company receives a notice to owner covering more than 5,000 motor vehicles in its fleet, the rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 48 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30118 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail.

“(C) Special rule for when remedies not immediately available.—If a notification required under subsection (b) or (c) of section 30118 indicates that the remedy for the defect or noncompliance is not immediately available and specifies actions to temporarily alter the vehicle that eliminate the safety risk posed by the defect or noncompliance, the rental company, after causing the specified actions to be performed, may rent (but may not sell or lease) the motor vehicle. Once the remedy for the rental vehicle becomes available to the rental company, the rental company may not rent the vehicle until the vehicle has been remedied, as provided in subsection (a).

“(D) Inapplicability to junk automobiles.—Notwithstanding paragraph (1), this subsection does not prohibit a rental company from selling a covered rental vehicle if such vehicle—

“(i) meets the definition of a junk automobile under section 201 of the Anti-Car Theft Act of 1992 (49 U.S.C. 30501);

“(ii) is retitled as a junk automobile pursuant to applicable State law; and

“(iii) is reported to the National Motor Vehicle Information System, if required under section 204 of such Act (49 U.S.C. 30504).”

(d)
Making Safety Devices and Elements Inoperative.— Section 30122(b) of title 49, United States Code, is amended by inserting “ rental company,” after “ dealer,” each place such term appears.
(e)
Inspections, Investigations, and Records.— Section 30166 of title 49, United States Code, is amended—
(1)
in subsection (c)(2), by striking “ or dealer” each place such term appears and inserting “ dealer, or rental company”;
(2)
in subsection (e), by striking “ or dealer” each place such term appears and inserting “ dealer, or rental company”; and
(3)
in subsection (f), by striking “ or to owners” and inserting “ , rental companies, or other owners”.
(f)
Research Authority.— The Secretary of Transportation may conduct a study of—
(1)
the effectiveness of the amendments made by this section; and
(2)
other activities of rental companies (as defined in section 30102(a)(11) of title 49, United States Code) related to their use and disposition of motor vehicles that are the subject of a notification required under section 30118 of title 49, United States Code.
(g)
Study.—
(1)
Additional requirement.— Section 32206(b)(2) of the Moving Ahead for Progress in the 21st Century Act (Public Law 112–141; 126 Stat. 785) is amended—
(A)
in subparagraph (E), by striking “ and” at the end;
(B)
by redesignating subparagraph (F) as subparagraph (G); and
(C)
by inserting after subparagraph (E) the following:

“(F) evaluate the completion of safety recall remedies on rental trucks; and”

(2)
Report.— Section 32206(c) of such Act is amended—
(A)
in paragraph (1), by striking “ subsection (b)” and inserting “ subparagraphs (A) through (E) and (G) of subsection (b)(2)”;
(B)
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(C)
by striking “ Report. Not later” and inserting the following:

“(c) Reports.—

“(1) Initial report.—Not later”

; and

(D)
by adding at the end the following:

“(2) Safety recall remedy report.—Not later than 1 year after the date of the enactment of the ‘Raechel and Jacqueline Houck Safe Rental Car Act of 2015’, the Secretary shall submit a report to the congressional committees set forth in paragraph (1) that contains—

“(A) the findings of the study conducted pursuant to subsection (b)(2)(F); and

“(B) any recommendations for legislation that the Secretary determines to be appropriate.”

(h)
Public Comments.— The Secretary shall solicit comments regarding the implementation of this section from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers.
(i)
Rule of Construction.— Nothing in this section or the amendments made by this section—
(1)
may be construed to create or increase any liability, including for loss of use, for a manufacturer as a result of having manufactured or imported a motor vehicle subject to a notification of defect or noncompliance under subsection (b) or (c) of section 30118 of title 49, United States Code; or
(2)
shall supersede or otherwise affect the contractual obligations, if any, between such a manufacturer and a rental company (as defined in section 30102(a) of title 49, United States Code).
(j)
Rulemaking.— The Secretary may promulgate rules, as appropriate, to implement this section and the amendments made by this section.
(k)
Effective Date.— The amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.

SEC. 24110. Increase in Civil Penalties for Violations of Motor Vehicle Safety.

(a)
Increase in Civil Penalties.— Section 30165(a) of title 49, United States Code, is amended—
(1)
in paragraph (1)—
(A)
by striking “ $5,000” and inserting “ $21,000”; and
(B)
by striking “ $35,000,000” and inserting “ $105,000,000”; and
(2)
in paragraph (3)—
(A)
by striking “ $5,000” and inserting “ $21,000”; and
(B)
by striking “ $35,000,000” and inserting “ $105,000,000”.
(b)
Effective Date.— The amendments made by subsection (a) of this section take effect on the date that the Secretary certifies to Congress that the National Highway Traffic Safety Administration has issued the final rule required by section 31203(b) of the Moving Ahead for Progress In the 21st Century Act (Public Law 112–141; 126 Stat. 758; 49 U.S.C. 30165 note).
(c)
Publication of Effective Date.— The Secretary shall publish notice of the effective date under subsection (b) of this section in the Federal Register.

SEC. 24111. Electronic Odometer Disclosures.

Section 32705(g) of title 49, United States Code, is amended—
(1)
by inserting “ (1)” before “ Not later than” and indenting appropriately; and
(2)
by adding at the end the following:

“(2) Notwithstanding paragraph (1) and subject to paragraph (3), a State, without approval from the Secretary under subsection (d), may allow for written disclosures or notices and related matters to be provided electronically if—

“(A) in compliance with—

“(i) the requirements of subchapter 1 of chapter 96 of title 15; or

“(ii) the requirements of a State law under section 7002(a) of title 15; and

“(B) the disclosures or notices otherwise meet the requirements under this section, including appropriate authentication and security measures.

“(3) Paragraph (2) ceases to be effective on the date the regulations under paragraph (1) become effective.”

SEC. 24112. Corporate Responsibility for Nhtsa Reports.

Section 30166(o) of title 49, United States Code, is amended—
(1)
in paragraph (1), by striking “ may” and inserting “ shall”; and
(2)
by adding at the end the following:

“(3) Deadline.—Not later than 1 year after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, the Secretary shall issue a final rule under paragraph (1).”

SEC. 24113. Direct Vehicle Notification of Recalls.

(a)
Recall Notification Report.— Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a report on the feasibility of a technical system that would operate in each new motor vehicle to indicate when the vehicle is subject to an open recall.
(b)
Definition of Open Recall.— In this section the term “open recall” means a recall for which a notification by a manufacturer has been provided under section 30119 of title 49, United States Code, and that has not been remedied under section 30120 of that title.

SEC. 24114. Unattended Children Warning.

Section 31504(a) of the Moving Ahead for Progress in the 21st Century Act (49 U.S.C. 30111 note) is amended by striking “ may” and inserting “ shall”.

SEC. 24115. Tire Pressure Monitoring System.

(a)
Proposed Rule.— Not later than 1 year after the date of enactment of this Act, the Secretary shall publish a proposed rule that—
(1)
updates the standards pertaining to tire pressure monitoring systems to ensure that a tire pressure monitoring system that is installed in a new motor vehicle after the effective date of such updated standards cannot be overridden, reset, or recalibrated in such a way that the system will no longer detect when the inflation pressure in one or more of the vehicle’s tires has fallen to or below a significantly underinflated pressure level; and
(2)
does not contain any provision that has the effect of prohibiting the availability of direct or indirect tire pressure monitoring systems that meet the requirements of the standards updated pursuant to paragraph (1).
(b)
Final Rule.— Not later than 2 years after the date of enactment of this Act, after providing the public with sufficient opportunity for notice and comment on the proposed rule published pursuant to subsection (a), the Secretary shall issue a final rule based on the proposed rule described in subsection (a) that—
(1)
allows a manufacturer to install a tire pressure monitoring system that can be reset or recalibrated to accommodate—
(A)
the repositioning of tire sensor locations on vehicles with split inflation pressure recommendations;
(B)
tire rotation; or
(C)
replacement tires or wheels of a different size than the original equipment tires or wheels; and
(2)
to address the accommodations described in subparagraphs (A), (B), and (C) of paragraph (1), ensures that a tire pressure monitoring system that is reset or recalibrated according to the manufacturer’s instructions would illuminate the low tire pressure warning telltale when a tire is significantly underinflated until the tire is no longer significantly underinflated.
(c)
Significantly Underinflated Pressure Level Defined.— In this section, the term “significantly underinflated pressure level” means a pressure level that is—
(1)
below the level at which the low tire pressure warning telltale must illuminate, consistent with the TPMS detection requirements contained in S4.2(a) of section 571.138 of title 49, Code of Federal Regulations, or any corresponding similar or successor regulation or ruling (as determined by the Secretary); and
(2)
in the case of a replacement wheel or tire, below the recommended cold inflation pressure of the wheel or tire manufacturer.

SEC. 24116. Information Regarding Components Involved in Recall.

Section 30119 of title 49, United States Code, is amended by adding at the end the following:

“(g) Information Regarding Components Involved in Recall.—A manufacturer that is required to furnish a report under section 573.6 of title 49, Code of Federal Regulations (or any successor regulation) for a defect or noncompliance in a motor vehicle or in an item of original or replacement equipment shall, if such defect or noncompliance involves a specific component or components, include in such report, with respect to such component or components, the following information:

“(1) The name of the component or components.

“(2) A description of the component or components.

“(3) The part number of the component or components, if any.”

Subtitle B Research And Development And Vehicle Electronics

SEC. 24201. Report on Operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies.

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report regarding the operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies established under section 31401 of the Moving Ahead for Progress in the 21st Century Act (49 U.S.C. 105 note). The report shall include information about the accomplishments of the Council, the role of the Council in integrating and aggregating electronic and emerging technologies expertise across the National Highway Traffic Safety Administration, the role of the Council in coordinating with other Federal agencies, and the priorities of the Council over the next 5 years.

SEC. 24202. Cooperation with Foreign Governments.

(a)
Title 49 Amendment.— 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 following:

“(6) in coordination with Department of State, enter into cooperative agreements and collaborative research and development agreements with foreign governments.”

(b)
Title 23 Amendment.— Section 403 of title 23, United States Code, is amended—
(1)
in subsection (b)(2)(C), by inserting “ foreign government (in coordination with the Department of State)” after “ institution,”; and
(2)
in subsection (c)(1)(A), by inserting “ foreign governments,” after “ local governments,”.
(c)
Audit.— The Department of Transportation Inspector General shall conduct an audit of the Secretary of Transportation’s management and oversight of cooperative agreements and collaborative research and development agreements, including any cooperative agreements between the Secretary of Transportation and foreign governments under section 30182(b)(6) of title 49, United States Code, and subsections (b)(2)(C) and (c)(1)(A) of title 23, United States Code.

Subtitle C Miscellaneous Provisions

PART I Driver Privacy Act of 2015

SEC. 24301. Short Title.

This part may be cited as the “Driver Privacy Act of 2015”.

SEC. 24302. Limitations on Data Retrieval from Vehicle Event Data Recorders.

(a)
Ownership of Data.— Any data retained by an event data recorder (as defined in section 563.5 of title 49, Code of Federal Regulations), regardless of when the motor vehicle in which it is installed was manufactured, is the property of the owner, or, in the case of a leased vehicle, the lessee of the motor vehicle in which the event data recorder is installed.
(b)
Privacy.— Data recorded or transmitted by an event data recorder described in subsection (a) may not be accessed by a person other than an owner or a lessee of the motor vehicle in which the event data recorder is installed unless—
(1)
a court or other judicial or administrative authority having jurisdiction—
(A)
authorizes the retrieval of the data; and
(B)
to the extent that there is retrieved data, the data is subject to the standards for admission into evidence required by that court or other administrative authority;
(2)
an owner or a lessee of the motor vehicle provides written, electronic, or recorded audio consent to the retrieval of the data for any purpose, including the purpose of diagnosing, servicing, or repairing the motor vehicle, or by agreeing to a subscription that describes how data will be retrieved and used;
(3)
the data is retrieved pursuant to an investigation or inspection authorized under section 1131(a) or 30166 of title 49, United States Code, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data, except that the vehicle identification number may be disclosed to the certifying manufacturer;
(4)
the data is retrieved for the purpose of determining the need for, or facilitating, emergency medical response in response to a motor vehicle crash; or
(5)
the data is retrieved for traffic safety research, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data.

SEC. 24303. Vehicle Event Data Recorder Study.

(a)
In General.— Not later than 1 year after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall submit to Congress a report that contains the results of a study conducted by the Administrator to determine the amount of time event data recorders installed in passenger motor vehicles should capture and record for retrieval vehicle-related data in conjunction with an event in order to provide sufficient information to investigate the cause of motor vehicle crashes.
(b)
Rulemaking.— Not later than 2 years after submitting the report required under subsection (a), the Administrator of the National Highway Traffic Safety Administration shall promulgate regulations to establish the appropriate period during which event data recorders installed in passenger motor vehicles may capture and record for retrieval vehicle-related data to the time necessary to provide accident investigators with vehicle-related information pertinent to crashes involving such motor vehicles.

PART II Safety Through Informed Consumers Act of 2015

SEC. 24321. Short Title.

This part may be cited as the “Safety Through Informed Consumers Act of 2015”.

SEC. 24322. Passenger Motor Vehicle Information.

Section 32302 of title 49, United States Code, is amended by inserting after subsection (b) the following:

“(c) Crash Avoidance.—Not later than 1 year after the date of enactment of the Safety Through Informed Consumers Act of 2015, the Secretary shall promulgate a rule to ensure that crash avoidance information is indicated next to crashworthiness information on stickers placed on motor vehicles by their manufacturers.”

PART III Tire Efficiency, Safety, and Registration Act of 2015

SEC. 24331. Short Title.

This part may be cited as the “Tire Efficiency, Safety, and Registration Act of 2015” or the “TESR Act”.

SEC. 24332. Tire Fuel Efficiency Minimum Performance Standards.

Section 32304A of title 49, United States Code, is amended—
(1)
in the section heading, by inserting “ AND STANDARDS” after “ CONSUMER TIRE INFORMATION”;
(2)
in subsection (a)—
(A)
in the heading, by striking “ Rulemaking” and inserting “ Consumer Tire Information”; and
(B)
in paragraph (1), by inserting “ (referred to in this section as the ‘Secretary’)” after “ Secretary of Transportation”;
(3)
by redesignating subsections (b) through (e) as subsections (e) though (h), respectively; and
(4)
by inserting after subsection (a) the following:

“(b) Promulgation of Regulations for Tire Fuel Efficiency Minimum Performance Standards.—

“(1) In general.—The Secretary, after consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall promulgate regulations for tire fuel efficiency minimum performance standards for—

“(A) passenger car tires with a maximum speed capability equal to or less than 149 miles per hour or 240 kilometers per hour; and

“(B) passenger car tires with a maximum speed capability greater than 149 miles per hour or 240 kilometers per hour.

“(2) Tire fuel efficiency minimum performance standards.—

“(A) Standard basis and test procedures.—The minimum performance standards promulgated under paragraph (1) shall be expressed in terms of the rolling resistance coefficient measured using the test procedure specified in section 575.106 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).

“(B) No disparate effect on high performance tires.—The Secretary shall ensure that the minimum performance standards promulgated under paragraph (1) will not have a disproportionate effect on passenger car high performance tires with a maximum speed capability greater than 149 miles per hour or 240 kilometers per hour.

“(C) Applicability.—

“(i) In general.—This subsection applies to new pneumatic tires for use on passenger cars.

“(ii) Exceptions.—This subsection does not apply to light truck tires, deep tread tires, winter-type snow tires, space-saver or temporary use spare tires, or tires with nominal rim diameters of 12 inches or less.

“(c) Promulgation of Regulations for Tire Wet Traction Minimum Performance Standards.—

“(1) In general.—The Secretary shall promulgate regulations for tire wet traction minimum performance standards to ensure that passenger tire wet traction capability is not reduced to achieve improved tire fuel efficiency.

“(2) Tire wet traction minimum performance standards.—

“(A) Basis of standard.—The minimum performance standards promulgated under paragraph (1) shall be expressed in terms of peak coefficient of friction.

“(B) Test procedures.—Any test procedure promulgated under this subsection shall be consistent with any test procedure promulgated under subsection (a).

“(C) Benchmarking.—The Secretary shall conduct testing to benchmark the wet traction performance of tire models available for sale in the United States as of the date of enactment of this Act to ensure that the minimum performance standards promulgated under paragraph (1) are tailored to—

“(i) tires sold in the United States; and

“(ii) the needs of consumers in the United States.

“(D) Applicability.—

“(i) In general.—This subsection applies to new pneumatic tires for use on passenger cars.

“(ii) Exceptions.—This subsection does not apply to light truck tires, deep tread tires, winter-type snow tires, space-saver or temporary use spare tires, or tires with nominal rim diameters of 12 inches or less.

“(d) Coordination Among Regulations.—

“(1) Compatibility.—The Secretary shall ensure that the test procedures and requirements promulgated under subsections (a), (b), and (c) are compatible and consistent.

“(2) Combined effect of rules.—The Secretary shall evaluate the regulations promulgated under subsections (b) and (c) to ensure that compliance with the minimum performance standards promulgated under subsection (b) will not diminish wet traction performance of affected tires.

“(3) Rulemaking deadlines.—The Secretary shall promulgate—

“(A) the regulations under subsections (b) and (c) not later than 24 months after the date of enactment of this Act; and

“(B) the regulations under subsection (c) not later than the date of promulgation of the regulations under subsection (b).”

SEC. 24333. Tire Registration by Independent Sellers.

Paragraph (3) of section 30117(b) of title 49, United States Code, is amended to read as follows:

“(3) Rulemaking.—

“(A) In general.—The Secretary shall initiate a rulemaking to require a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to maintain records of—

“(i) the name and address of tire purchasers and lessors;

“(ii) information identifying the tire that was purchased or leased; and

“(iii) any additional records the Secretary considers appropriate.

“(B) Electronic transmission.—The rulemaking carried out under subparagraph (A) shall require a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to electronically transmit the records described in clauses (i), (ii), and (iii) of subparagraph (A) to the manufacturer of the tires or the designee of the manufacturer by secure means at no cost to tire purchasers or lessors.

“(C) Satisfaction of requirements.—A regulation promulgated under subparagraph (A) may be considered to satisfy the requirements of paragraph (2)(B).”

SEC. 24334. Tire Identification Study and Report.

(a)
Study.— The Secretary shall conduct a study to examine the feasibility of requiring all manufacturers of tires subject to section 30117(b) of title 49, United States Code, to—
(1)
include electronic identification on every tire that reflects all of the information currently required in the tire identification number; and
(2)
ensure that the same type and format of electronic information technology is used on all tires.
(b)
Report.— The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results of the study required by paragraph (1).

SEC. 24335. Tire Recall Database.

(a)
In General.— The Secretary shall establish a publicly available and searchable electronic database of tire recall information that is reported to the Administrator of the National Highway Traffic Safety Administration.
(b)
Tire Identification Number.— The database established under subsection (a) shall be searchable by Tire Identification Number (TIN) and any other criteria that assists consumers in determining whether a tire is subject to a recall.

PART IV Alternative Fuel Vehicles

SEC. 24341. Regulatory Parity for Natural Gas Vehicles.

The Administrator of the Environmental Protection Agency shall revise the regulations issued in sections 600.510-12(c)(2)(vi) and 600.510-12(c)(2) (vii)(A) of title 40, Code of Federal Regulations, to replace references to the year “2019” with the year “2016”.

PART V Motor Vehicle Safety Whistleblower Act

SEC. 24351. Short Title.

This part may be cited as the “Motor Vehicle Safety Whistleblower Act”.

SEC. 24352. Motor Vehicle Safety Whistleblower Incentives and Protections.

(a)
In General.— Subchapter IV of chapter 301 of title 49, United States Code, is amended by adding at the end the following:

Ҥ 30172. Whistleblower incentives and protections

“(a) Definitions.—In this section:

“(1) Covered action.—The term ‘covered action’ means any administrative or judicial action, including any related administrative or judicial action, brought by the Secretary or the Attorney General under this chapter that in the aggregate results in monetary sanctions exceeding $1,000,000.

“(2) Monetary sanctions.—The term ‘monetary sanctions’ means monies, including penalties and interest, ordered or agreed to be paid.

“(3) Original information.—The term ‘original information’ means information that—

“(A) is derived from the independent knowledge or analysis of an individual;

“(B) is not known to the Secretary from any other source, unless the individual is the original source of the information; and

“(C) is not exclusively derived from an allegation made in a judicial or an administrative action, in a governmental report, a hearing, an audit, or an investigation, or from the news media, unless the individual is a source of the information.

“(4) Part supplier.—The term ‘part supplier’ means a manufacturer of motor vehicle equipment.

“(5) Successful resolution.—The term ‘successful resolution’, with respect to a covered action, includes any settlement or adjudication of the covered action.

“(6) Whistleblower.—The term ‘whistleblower’ means any employee or contractor of a motor vehicle manufacturer, part supplier, or dealership who voluntarily provides to the Secretary original information relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of this chapter, which is likely to cause unreasonable risk of death or serious physical injury.

“(b) Awards.—

“(1) In general.—If the original information that a whistleblower provided to the Secretary leads to the successful resolution of a covered action, the Secretary, subject to subsection (c), may pay an award or awards to one or more whistleblowers in an aggregate amount of—

“(A) not less than 10 percent, in total, of collected monetary sanctions; and

“(B) not more than 30 percent, in total, of collected monetary sanctions.

“(2) Payment of awards.—Any amount payable under paragraph (1) shall be paid from the monetary sanctions collected, and any monetary sanctions so collected shall be available for such payment.

“(c) Determination of Awards; Denial of Awards.—

“(1) Determination of awards.—

“(A) Discretion.—The determination of whether, to whom, or in what amount to make an award shall be in the discretion of the Secretary subject to the provisions in subsection (b)(1).

“(B) Criteria.—In determining an award made under subsection (b), the Secretary shall take into consideration—

“(i) if appropriate, whether a whistleblower reported or attempted to report the information internally to an applicable motor vehicle manufacturer, part supplier, or dealership;

“(ii) the significance of the original information provided by the whistleblower to the successful resolution of the covered action;

“(iii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in the covered action; and

“(iv) such additional factors as the Secretary considers relevant.

“(2) Denial of awards.—No award under subsection (b) shall be made—

“(A) to any whistleblower who is convicted of a criminal violation related to the covered action for which the whistleblower otherwise could receive an award under this section;

“(B) to any whistleblower who, acting without direction from an applicable motor vehicle manufacturer, part supplier, or dealership, or agent thereof, deliberately causes or substantially contributes to the alleged violation of a requirement of this chapter;

“(C) to any whistleblower who submits information to the Secretary that is based on the facts underlying the covered action submitted previously by another whistleblower;

“(D) to any whistleblower who fails to provide the original information to the Secretary in such form as the Secretary may require by regulation; or

“(E) if the applicable motor vehicle manufacturer, parts supplier, or dealership has an internal reporting mechanism in place to protect employees from retaliation, to any whistleblower who fails to report or attempt to report the information internally through such mechanism, unless—

“(i) the whistleblower reasonably believed that such an internal report would have resulted in retaliation, notwithstanding section 30171(a);

“(ii) the whistleblower reasonably believed that the information—

“(I) was already internally reported;

“(II) was already subject to or part of an internal inquiry or investigation; or

“(III) was otherwise already known to the motor vehicle manufacturer, part supplier, or dealership; or

“(iii) the Secretary has good cause to waive this requirement.

“(d) Representation.—A whistleblower may be represented by counsel.

“(e) No Contract Necessary.—No contract with the Secretary is necessary for any whistleblower to receive an award under subsection (b).

“(f) Protection of Whistleblowers; Confidentiality.—

“(1) In general.—Notwithstanding section 30167, and except as provided in paragraphs (4) and (5) of this subsection, the Secretary, and any officer or employee of the Department of Transportation, shall not disclose any information, including information provided by a whistleblower to the Secretary, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a of title 5, unless—

“(A) required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Secretary or any entity described in paragraph (5);

“(B) the whistleblower provides prior written consent for the information to be disclosed; or

“(C) the Secretary, or other officer or employee of the Department of Transportation, receives the information through another source, such as during an inspection or investigation under section 30166, and has authority under other law to release the information.

“(2) Redaction.—The Secretary, and any officer or employee of the Department of Transportation, shall take reasonable measures to not reveal the identity of the whistleblower when disclosing any information under paragraph (1).

“(3) Section 552(b)(3)(b).—For purposes of section 552 of title 5, paragraph (1) of this subsection shall be considered a statute described in subsection (b)(3)(B) of that section.

“(4) Effect.—Nothing in this subsection is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation.

“(5) Availability to government agencies.—

“(A) In general.—Without the loss of its status as confidential in the hands of the Secretary, all information referred to in paragraph (1) may, in the discretion of the Secretary, when determined by the Secretary to be necessary or appropriate to accomplish the purposes of this chapter and in accordance with subparagraph (B), be made available to the following:

“(i) The Department of Justice.

“(ii) An appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction.

“(B) Maintenance of information.—Each entity described in subparagraph (A) shall maintain information described in that subparagraph as confidential, in accordance with the requirements in paragraph (1).

“(g) Provision of False Information.—A whistleblower who knowingly and intentionally makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18.

“(h) Appeals.—

“(1) In general.—Any determination made under this section, including whether, to whom, or in what amount to make an award, shall be in the discretion of the Secretary.

“(2) Appeals.—Any determination made by the Secretary under this section may be appealed by a whistleblower to the appropriate court of appeals of the United States not later than 30 days after the determination is issued by the Secretary.

“(3) Review.—The court shall review the determination made by the Secretary in accordance with section 706 of title 5.

“(i) Regulation.—Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate regulations on the requirements of this section, consistent with this section.”

(b)
Rule of Construction.—
(1)
Original information.— Information submitted to the Secretary of Transportation by a whistleblower in accordance with the requirements of section 30172 of title 49, United States Code, shall not lose its status as original information solely because the whistleblower submitted the information prior to the effective date of the regulations issued under subsection (i) of that section if that information was submitted after the date of enactment of this Act.
(2)
Awards.— A whistleblower may receive an award under section 30172 of title 49, United States Code, regardless of whether the violation underlying the covered action occurred prior to the date of enactment of this Act, and may receive an award prior to the Secretary of Transportation promulgating the regulations under subsection (i) of that section.
(c)
Conforming Amendments.— The table of contents of subchapter IV of chapter 301 of title 49, United States Code, is amended by adding at the end the following:

“30172. Whistleblower incentives and protections.”.

Subtitle D Additional Motor Vehicle Provisions

SEC. 24401. Required Reporting of Nhtsa Agenda.

Not later than December 1 of the year beginning after the date of enactment of this Act, and each year thereafter, the Administrator of the National Highway Traffic Safety Administration shall publish on the public website of the Administration, and file with the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual plan for the following calendar year detailing the Administration’s projected activities, including—
(1)
the Administrator’s policy priorities;
(2)
any rulemakings projected to be commenced;
(3)
any plans to develop guidelines;
(4)
any plans to restructure the Administration or to establish or alter working groups;
(5)
any planned projects or initiatives of the Administration, including the working groups and advisory committees of the Administration; and
(6)
any projected dates or timetables associated with any of the items described in paragraphs (1) through (5).

SEC. 24403. Retention of Safety Records by Manufacturers.

(a)
Rule.— Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation 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 required to be maintained by manufacturers under section 576.6 of title 49, Code of Federal Regulations, for a period of not less than 10 calendar years from the date on which they were generated or acquired by the manufacturer.
(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. 24404. Nonapplication of Prohibitions Relating to Noncomplying Motor Vehicles to Vehicles Used for Testing or Evaluation.

Section 30112(b) of title 49, United States Code, is amended—
(1)
in paragraph (8), by striking “ ; or” and inserting a semicolon;
(2)
in paragraph (9), by striking the period at the end and inserting “ ; or”; and
(3)
by adding at the end the following new paragraph:

“(10) the introduction of a motor vehicle in interstate commerce solely for purposes of testing or evaluation by a manufacturer that agrees not to sell or offer for sale the motor vehicle at the conclusion of the testing or evaluation and that prior to the date of enactment of this paragraph—

“(A) has manufactured and distributed motor vehicles into the United States that are certified to comply with all applicable Federal motor vehicle safety standards;

“(B) has submitted to the Secretary appropriate manufacturer identification information under part 566 of title 49, Code of Federal Regulations; and

“(C) if applicable, has identified an agent for service of process in accordance with part 551 of such title.”

SEC. 24405. Treatment of Low-Volume Manufacturers.

(a)
Exemption From Vehicle Safety Standards for Low-volume Manufacturers.— Section 30114 of title 49, United States Code, is amended—
(1)
by striking “ The” and inserting “ (a) Vehicles Used for Particular Purposes. The”; and
(2)
by adding at the end the following new subsection:

“(b) Exemption for Low-volume Manufacturers.—

“(1) In general.—The Secretary shall—

“(A) exempt from section 30112(a) of this title not more than 325 replica motor vehicles per year that are manufactured or imported by a low-volume manufacturer; and

“(B) except as provided in paragraph (4) of this subsection, limit any such exemption to the Federal Motor Vehicle Safety Standards applicable to motor vehicles and not motor vehicle equipment.

“(2) Registration requirement.—To qualify for an exemption under paragraph (1), a low-volume manufacturer shall register with the Secretary at such time, in such manner, and under such terms that the Secretary determines appropriate. The Secretary shall establish terms that ensure that no person may register as a low-volume manufacturer if the person is registered as an importer under section 30141 of this title.

“(3) Permanent label requirement.—

“(A) In general.—The Secretary shall require a low-volume manufacturer to affix a permanent label to a motor vehicle exempted under paragraph (1) that identifies the specified standards and regulations for which such vehicle is exempt from section 30112(a), states that the vehicle is a replica, and designates the model year such vehicle replicates.

“(B) Written notice.—The Secretary may require a low-volume manufacturer of a motor vehicle exempted under paragraph (1) to deliver written notice of the exemption to—

“(i) the dealer; and

“(ii) the first purchaser of the motor vehicle, if the first purchaser is not an individual that purchases the motor vehicle for resale.

“(C) Reporting requirement.—A low-volume manufacturer shall annually submit a report to the Secretary including the number and description of the motor vehicles exempted under paragraph (1) and a list of the exemptions described on the label affixed under subparagraph (A).

“(4) Effect on other provisions.—Any motor vehicle exempted under this subsection shall also be exempted from sections 32304, 32502, and 32902 of this title and from section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232).

“(5) Limitation and public notice.—The Secretary shall have 90 days to review and approve or deny a registration submitted under paragraph (2). If the Secretary determines that any such registration submitted is incomplete, the Secretary shall have an additional 30 days for review. Any registration not approved or denied within 90 days after initial submission, or 120 days if the registration submitted is incomplete, shall be deemed approved. The Secretary shall have the authority to revoke an existing registration based on a failure to comply with requirements set forth in this subsection or a finding by the Secretary of a safety-related defect or unlawful conduct under this chapter that poses a significant safety risk. The registrant shall be provided a reasonable opportunity to correct all deficiencies, if such are correctable based on the sole discretion of the Secretary. An exemption granted by the Secretary to a low-volume manufacturer under this subsection may not be transferred to any other person, and shall expire at the end of the calendar year for which it was granted with respect to any volume authorized by the exemption that was not applied by the low-volume manufacturer to vehicles built during that calendar year. The Secretary shall maintain an up-to-date list of registrants and a list of the make and model of motor vehicles exempted under paragraph (1) on at least an annual basis and publish such list in the Federal Register or on a website operated by the Secretary.

“(6) Limitation of liability for original manufacturers, licensors or owners of product configuration, trade dress, or design patents.—The original manufacturer, its successor or assignee, or current owner, who grants a license or otherwise transfers rights to a low-volume manufacturer shall incur no liability to any person or entity under Federal or State statute, regulation, local ordinance, or under any Federal or State common law for such license or assignment to a low-volume manufacturer.

“(7) Definitions.—In this subsection:

“(A) Low-volume manufacturer.—The term ‘low-volume manufacturer’ means a motor vehicle manufacturer, other than a person who is registered as an importer under section 30141 of this title, whose annual worldwide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles.

“(B) Replica motor vehicle.—The term ‘replica motor vehicle’ means a motor vehicle produced by a low-volume manufacturer and that—

“(i) is intended to resemble the body of another motor vehicle that was manufactured not less than 25 years before the manufacture of the replica motor vehicle; and

“(ii) is manufactured under a license for the product configuration, trade dress, trademark, or patent, for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration, trade dress, trademark, or patent rights.

“(8) Construction.—Except as provided in paragraphs (1) and (4), a registrant shall be considered a motor vehicle manufacturer for purposes of parts A and C of subtitle VI of this title. Nothing shall be construed to exempt a registrant from complying with the requirements under sections 30116 through 30120A of this title if the motor vehicle excepted under paragraph (1) contains a defect related to motor vehicle safety.

“(9) State registration.—Nothing in this subsection shall be construed to preempt, affect, or supersede any State titling or registration law or regulation for a replica motor vehicle, or exempt a person from complying with such law or regulation.”

(b)
Vehicle Emission Compliance Standards for Low-volume Motor Vehicle Manufacturers.— Section 206(a) of the Clean Air Act (42 U.S.C. 7525(a)) is amended by adding at the end the following new paragraph:

“(5)

(A) A motor vehicle engine (including all engine emission controls) may be installed in an exempted specially produced motor vehicle if the motor vehicle engine is from a motor vehicle that is covered by a certificate of conformity issued by the Administrator for the model year in which the exempted specially produced motor vehicle is produced, or the motor vehicle engine is covered by an Executive order subject to regulations promulgated by the California Air Resources Board for the model year in which the exempted specially produced motor vehicle is produced, and—

“(i) the manufacturer of the engine supplies written instructions to the Administrator and the manufacturer of the exempted specially produced motor vehicle explaining how to install the engine and maintain functionality of the engine’s emission control system and the on-board diagnostic system (commonly known as ‘OBD’), except with respect to evaporative emissions;

“(ii) the manufacturer of the exempted specially produced motor vehicle installs the engine in accordance with such instructions and certifies such installation in accordance with subparagraph (E);

“(iii) the installation instructions include emission control warranty information from the engine manufacturer in compliance with section 207, including where warranty repairs can be made, emission control labels to be affixed to the vehicle, and the certificate of conformity number for the applicable vehicle in which the engine was originally intended or the applicable Executive order number for the engine; and

“(iv) the manufacturer of the exempted specially produced motor vehicle does not produce more than 325 such vehicles in the calendar year in which the vehicle is produced.

“(B) A motor vehicle containing an engine compliant with the requirements of subparagraph (A) shall be treated as meeting the requirements of section 202 applicable to new vehicles produced or imported in the model year in which the exempted specially produced motor vehicle is produced or imported.

“(C) Engine installations that are not performed in accordance with installation instructions provided by the manufacturer and alterations to the engine not in accordance with the installation instructions shall—

“(i) be treated as prohibited acts by the installer under section 203 and any applicable regulations; and

“(ii) subject to civil penalties under section 205(a), civil actions under section 205(b), and administrative assessment of penalties under section 205(c).

“(D) The manufacturer of an exempted specially produced motor vehicle that has an engine compliant with the requirements of subparagraph (A) shall provide to the purchaser of such vehicle all information received by the manufacturer from the engine manufacturer, including information regarding emissions warranties from the engine manufacturer and all emissions-related recalls by the engine manufacturer.

“(E) To qualify to install an engine under this paragraph, and sell, offer for sale, introduce into commerce, deliver for introduction into commerce or import an exempted specially produced motor vehicle, a manufacturer of exempted specially produced motor vehicles shall register with the Administrator at such time and in such manner as the Administrator determines appropriate. The manufacturer shall submit an annual report to the Administrator that includes—

“(i) a description of the exempted specially produced motor vehicles and engines installed in such vehicles;

“(ii) the certificate of conformity number issued to the motor vehicle in which the engine was originally intended or the applicable Executive order number for the engine; and

“(iii) a certification that it produced all exempted specially produced motor vehicles according to the written instructions from the engine manufacturer, and otherwise that the engine conforms in all material respects to the description in the application for the applicable certificate of conformity or Executive order.

“(F) Exempted specially produced motor vehicles compliant with this paragraph shall be exempted from—

“(i) motor vehicle certification testing under this section; and

“(ii) vehicle emission control inspection and maintenance programs required under section 110.

“(G)

(i) Except as provided in subparagraphs (A) through (F), a person engaged in the manufacturing or assembling of exempted specially produced motor vehicles shall be considered a manufacturer for purposes of this Act.

“(ii) Nothing in this paragraph shall be construed to exempt any person from the prohibitions in section 203(a)(3) or the requirements in sections 208, 206(c), or 202(m)(5).

“(H) In this paragraph:

“(i) The term ‘exempted specially produced motor vehicle’ means a light-duty vehicle or light-duty truck produced by a low-volume manufacturer and that—

“(I) is intended to resemble the body of another motor vehicle that was manufactured not less than 25 years before the manufacture of the exempted specially produced motor vehicle; and

“(II) is manufactured under a license for the product configuration, trade dress, trademark, or patent, for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration, trade dress, trademark, or patent rights.

“(ii) The term ‘low-volume manufacturer’ means a motor vehicle manufacturer, other than a person who is registered as an importer under section 30141 of title 49, United States Code, whose annual worldwide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles.”

(c)
Implementation.— Not later than 12 months after the date of enactment of this Act, the Secretary of Transportation and the Administrator of the Environmental Protection Agency shall issue such regulations as may be necessary to implement the amendments made by subsections (a) and (b), respectively.

SEC. 24406. Motor Vehicle Safety Guidelines.

Section 30111 of title 49, United States Code, is amended by adding at the end the following new subsection:

“(f) Motor Vehicle Safety Guidelines.—

“(1) In general.—No guidelines issued by the Secretary with respect to motor vehicle safety shall confer any rights on any person, State, or locality, nor shall operate to bind the Secretary or any person to the approach recommended in such guidelines. In any enforcement action with respect to motor vehicle safety, the Secretary shall allege a violation of a provision of this subtitle, a motor vehicle safety standard issued under this subtitle, or another relevant statute or regulation. The Secretary may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate a provision of this subtitle, a motor vehicle safety standard issued under this subtitle, or another relevant statute or regulation.

“(2) Rule of construction.—Nothing in this subsection shall be construed to confer any authority upon or negate any authority of the Secretary to issue guidelines under this chapter.”

SEC. 24407. Improvement of Data Collection on Child Occupants in Vehicle Crashes.

(a)
In General.— Not later than 1 year after the date of enactment of this Act, the Secretary shall revise the crash investigation data collection system of the National Highway Traffic Safety Administration to include the collection of the following data in connection with vehicle crashes whenever a child restraint system was in use in a vehicle involved in a crash:
(1)
The type or types of child restraint systems in use during the crash in any vehicle involved in the crash, including whether a five-point harness or belt-positioning booster.
(2)
If a five-point harness child restraint system was in use during the crash, whether the child restraint system was forward-facing or rear-facing in the vehicle concerned.
(b)
Consultation.— In implementing subsection (a), the Secretary shall work with law enforcement officials, safety advocates, the medical community, and research organizations to improve the recordation of data described in subsection (a) in police and other applicable incident reports.
(c)
Report.— Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on child occupant crash data collection in the crash investigation data collection system of the National Highway Traffic Safety Administration pursuant to the revision required by subsection (a).