SEC. 24107. DEALER REQUIREMENT TO CHECK FOR OPEN RECALL.
- Section 30120(f) is amended--
- (1) by inserting `(1) IN GENERAL- ' before `A manufacturer' and indenting appropriately;
- (2) in paragraph (1), as redesignated, by striking the period at the end and inserting the following: `if--
- `(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.'.
Follow the 1461
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) 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 5 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 primarily engaged in the business of renting covered rental vehicles; and
- `(B) uses for rental purposes a motor vehicle fleet of 5 or more covered rental vehicles.'.
- (c) Remedies for Defects and Noncompliance- Section 30120(i) 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) is amended by inserting `rental company,' after `dealer,' each place such term appears.
- (e) Inspections, Investigations, and Records- Section 30166 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) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
- (B) by striking `Report- Not later' and inserting the following:
- `(c) Reports-
- `(1) INITIAL REPORT- Not later';
- (C) in paragraph (1), by striking `subsection (b)' and inserting `subparagraphs (A) through (E) and (G) of subsection (b)(2)'; 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) 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) 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) 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 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 the revised standards cannot, to a level other than a safe pressure level, be--
- (1) overridden;
- (2) reset; or
- (3) recalibrated.
- (b) Safe Pressure Level- For the purposes of subsection (a), the term `safe pressure level' shall mean a pressure level 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 regulation or ruling.
- (c) 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 under subsection (a), the Secretary shall issue a final rule on the subject described in subsection (a).
SEC. 24116. AVAILABILITY OF CERTAIN INFORMATION ON MOTOR VEHICLE EQUIPMENT.
- Section 30118 of title 49, United States Code, is amended by adding at the end the following:
- `(f) Information on Defective or Noncompliant Parts-
- `(1) PROVISION OF INFORMATION BY SUPPLIERS- A supplier of parts that are determined to be defective or noncompliant by the Secretary under subsection (a) or (b) shall identify all parts that are subject to the recall and provide to the Secretary and each affected manufacturer, not later than 3 business days after receiving notification of the determination, for each affected part--
- `(A) all part names;
- `(B) all part numbers; and
- `(C) a description of the part.
- `(2) PROVISION OF INFORMATION BY MANUFACTURERS- Upon receipt of notification of a determination by the Secretary under subsection (a) or (b) or notification from a supplier of parts under paragraph (1), a manufacturer of motor vehicles shall--
- `(A) identify the vehicle identification number for each affected vehicle; and
- `(B) not later than 5 business days after receiving such notification, provide to the Secretary, in a searchable format determined by the Secretary--
- `(i) the vehicle identification numbers identified under subparagraph (A); and
- `(ii) the specific part names, numbers, and descriptions used by the manufacturer for all affected parts the sale or lease of which is prohibited by section 30120(j).
- `(3) AVAILABILITY OF INFORMATION ON THE INTERNET- In the case of information provided by a manufacturer under paragraph (2)(B), the Secretary shall make such information available, or require the manufacturer to make such information available, on an Internet website that may be accessed by any person who sells or leases motor vehicle equipment for purposes of assisting such person in complying with section 30120(j). Such information shall be made available in real-time or near-real-time as provided under paragraph (2)(B) and at no cost to the person obtaining access.
- `(g) Information on Original Equipment- Not later than July 31, 2016, a manufacturer of motor vehicles shall make available on an Internet website information about the original equipment contained in such vehicles, which shall include--
- `(1) all parts or component numbers for such equipment; and
- `(2) specific part names and descriptions associated with each manufacturer vehicle identification number.'.
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) 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 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 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.
- Section 30117(b) is amended by striking paragraph (3) and inserting the following:
- `(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 and information identifying the tire that was purchased or leased; and
- `(ii) 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) and (ii) 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 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. REGULATION PARITY FOR ELECTRIC AND NATURAL GAS VEHICLES.
- (a) In General- In promulgating regulations, the Administrator of the Environmental Protection Administration shall ensure that any preference or incentive provided to an electric vehicle is also provided to a natural gas vehicle.
- (b) Revision of Existing Regulations- Not later than 180 days after the date of enactment of this Act, the Administrator shall revise any regulations of the Administrator in existence as of that date concerning electric vehicles as necessary to ensure that the regulations conform to subsection (a).
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 Committee on Energy and Commerce 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. 24402. APPLICATION OF REMEDIES FOR DEFECTS AND NONCOMPLIANCE.
- Section 30120(g)(1) of title 49, United States Code, is amended by striking `10 calendar years' and inserting `15 calendar years'.
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 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;
- `(C) if applicable, has identified an agent for service of process in accordance with part 551 of such title; and
- `(D) agrees not to sell or offer for sale the motor vehicle at the conclusion of the testing or evaluation.'.
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 500 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) 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 60 days to review and approve a registration submitted under paragraph (2). Any registration not approved or denied within 60 days after submission 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. 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 on 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 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.'.
- (b) Vehicle Emission Compliance Standards for Low-Volume Motor Vehicle Manufacturers- Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is amended--
- (1) in section 206(a) by adding at the end the following new paragraph:
- `(5)(A) A motor vehicle engine (including all engine emission controls) from a motor vehicle that has been granted a certificate of conformity by the Administrator for the model year in which the motor vehicle is assembled, or a motor vehicle engine that has been granted an Executive order subject to regulations promulgated by the California Air Resources Board for the model year in which the motor vehicle is assembled, may be installed in an exempted specially produced motor vehicle, if--
- `(i) the manufacturer of the engine supplies written instructions 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 II'), except with respect to evaporative emissions diagnostics;
- `(ii) the manufacturer of the exempted specially produced motor vehicle installs the engine in accordance with such instructions; and
- `(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.
- `(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 manufactured or imported in the model year in which the exempted specially produced motor vehicle is assembled.
- `(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
- `(ii) subject to civil penalties under the first and third sentences of 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, 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; and
- `(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.
- `(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) A person engaged in the manufacturing or assembling of exempted specially produced motor vehicles shall not be treated as a manufacturer for purposes of this Act by virtue of such manufacturing or assembling, so long as such person complies with subparagraphs (A) through (E).'; and
- (2) in section 216 by adding at the end the following new paragraph:
- `(12) EXEMPTED SPECIALLY PRODUCED MOTOR VEHICLE- The term `exempted specially produced motor vehicle' means a replica motor vehicle that is exempt from specified standards pursuant to section 30114(b) of title 49, United States Code.'.
- (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. NO LIABILITY ON THE BASIS OF NHTSA MOTOR VEHICLE SAFETY GUIDELINES.
- Section 30111 of title 49, United States Code, is amended by adding at the end the following new subsection:
- `(f) No Liability on the Basis of Motor Vehicle Safety Guidelines Issued by the Secretary- (1) No guidelines issued by the Secretary with respect to motor vehicle safety shall provide a basis for or evidence of liability in any action against a defendant whose practices are alleged to be inconsistent with such guidelines. A person who is subject to any such guidelines may use an alternative approach to that set forth in such guidelines that complies with any requirement in a provision of this subtitle, a motor vehicle safety standard issued under this subtitle, or another relevant statute or regulation.
- `(2) No such guidelines shall confer any rights on any person nor shall operate to bind the Secretary or any person who is subject to such guidelines to the approach recommended in such guidelines. In any enforcement action with respect to motor vehicle safety, the Secretary must prove 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 build a case against or negotiate a consent order with any person based in whole or in part on practices of the person that are alleged to be inconsistent with any such guidelines.
- `(3) A defendant may use compliance with any such guidelines as evidence of compliance with the provision of this subtitle, motor vehicle safety standard issued under this subtitle, or other statute or regulation under which such guidelines were developed.'.
DIVISION C--FINANCE
SEC. 30001. SHORT TITLE.
- This division may be cited as the `Transportation Funding Act of 2015'.
TITLE XXXI--HIGHWAY TRUST FUND AND RELATED TAXES
Subtitle A--Extension of Trust Fund Expenditure Authority and Related Taxes
SEC. 31101. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.
- (a) Highway Trust Fund- Section 9503 of the Internal Revenue Code of 1986 is amended--
- (1) by striking `November 21, 2015' in subsections (b)(6)(B), (c)(1), and (e)(3) and inserting `October 1, 2021', and
- (2) by striking `Surface Transportation Extension Act of 2015' in subsections (c)(1) and (e)(3) and inserting `Surface Transportation Reauthorization and Reform Act of 2015'.
- (b) Sport Fish Restoration and Boating Trust Fund- Section 9504 of the Internal Revenue Code of 1986 is amended--
- (1) by striking `Surface Transportation Extension Act of 2015' each place it appears in subsection (b)(2) and inserting `Surface Transportation Reauthorization and Reform Act of 2015', and
- (2) by striking `November 21, 2015' in subsection (d)(2) and inserting `October 1, 2021'.
- (c) Leaking Underground Storage Tank Trust Fund- Section 9508(e)(2) of the Internal Revenue Code of 1986 is amended by striking `November 21, 2015' and inserting `October 1, 2021'.
- (d) Effective Date- The amendments made by this section shall take effect on November 21, 2015.
SEC. 31102. EXTENSION OF HIGHWAY-RELATED TAXES.
- (a) In General-
- (1) Each of the following provisions of the Internal Revenue Code of 1986 is amended by striking `September 30, 2016' and inserting `September 30, 2023':
- (A) Section 4041(a)(1)(C)(iii)(I).
- (B) Section 4041(m)(1)(B).
- (C) Section 4081(d)(1).
- (2) Each of the following provisions of such Code is amended by striking `October 1, 2016' and inserting `October 1, 2023':
- (A) Section 4041(m)(1)(A).
- (B) Section 4051(c).
- (C) Section 4071(d).
- (D) Section 4081(d)(3).
- (b) Extension of Tax, Etc., on Use of Certain Heavy Vehicles- Each of the following provisions of the Internal Revenue Code of 1986 is amended by striking `2017' each place it appears and inserting `2024':
- (1) Section 4481(f).
- (2) Subsections (c)(4) and (d) of section 4482.
- (c) Floor Stocks Refunds- Section 6412(a)(1) of the Internal Revenue Code of 1986 is amended--
- (1) by striking `October 1, 2016' each place it appears and inserting `October 1, 2023';
- (2) by striking `March 31, 2017' each place it appears and inserting `March 31, 2024'; and
- (3) by striking `January 1, 2017' and inserting `January 1, 2024'.
- (d) Extension of Certain Exemptions-
- (1) Section 4221(a) of the Internal Revenue Code of 1986 is amended by striking `October 1, 2016' and inserting `October 1, 2023'.
- (2) Section 4483(i) of such Code is amended by striking `October 1, 2017' and inserting `October 1, 2024'.
- (e) Extension of Transfers of Certain Taxes-
- (1) IN GENERAL- Section 9503 of the Internal Revenue Code of 1986 is amended--
- (A) in subsection (b)--
- (i) by striking `October 1, 2016' each place it appears in paragraphs (1) and (2) and inserting `October 1, 2023';
- (ii) by striking `OCTOBER 1, 2016' in the heading of paragraph (2) and inserting `OCTOBER 1, 2023';
- (iii) by striking `September 30, 2016' in paragraph (2) and inserting `September 30, 2023'; and
- (iv) by striking `July 1, 2017' in paragraph (2) and inserting `July 1, 2024'; and
- (B) in subsection (c)(2), by striking `July 1, 2017' and inserting `July 1, 2024'.
- (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX TRANSFERS-
- (A) IN GENERAL- Paragraphs (3)(A)(i) and (4)(A) of section 9503(c) of such Code are each amended by striking `October 1, 2016' and inserting `October 1, 2023'.
- (B) CONFORMING AMENDMENTS TO LAND AND WATER CONSERVATION FUND- Section 200310 of title 54, United States Code, is amended--
- (i) by striking `October 1, 2017' each place it appears and inserting `October 1, 2024'; and
- (ii) by striking `October 1, 2016' and inserting `October 1, 2023'.
- (f) Effective Date- The amendments made by this section shall take effect on October 1, 2016.
Subtitle B--Additional Transfers to Highway Trust Fund
SEC. 31201. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.
- Subsection (f) of section 9503 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (8) as paragraph (10) and inserting after paragraph (7) the following new paragraphs:
- `(8) FURTHER TRANSFERS TO TRUST FUND- Out of money in the Treasury not otherwise appropriated, there is hereby appropriated--
- `(A) $25,976,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and
- `(B) $9,000,000,000 to the Mass Transit Account in the Highway Trust Fund.
- `(9) ADDITIONAL INCREASE IN FUND BALANCE- There is hereby transferred to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund amounts appropriated from the Leaking Underground Storage Tank Trust Fund under section 9508(c)(4).'.
SEC. 31202. TRANSFER TO HIGHWAY TRUST FUND OF CERTAIN MOTOR VEHICLE SAFETY PENALTIES.
- (a) In General- Paragraph (5) of section 9503(b) of the Internal Revenue Code of 1986 is amended--
- (1) by striking `There are hereby' and inserting the following:
- `(A) IN GENERAL- There are hereby', and
- (2) by adding at the end the following new paragraph:
- `(B) PENALTIES RELATED TO MOTOR VEHICLE SAFETY-
- `(i) IN GENERAL- There are hereby appropriated to the Highway Trust Fund amounts equivalent to covered motor vehicle safety penalty collections.
- `(ii) COVERED MOTOR VEHICLE SAFETY PENALTY COLLECTIONS- For purposes of this subparagraph, the term `covered motor vehicle safety penalty collections' means any amount collected in connection with a civil penalty under section 30165 of title 49, United States Code, reduced by any award authorized by the Secretary of Transportation to be paid to any person in connection with information provided by such person related to a violation of chapter 301 of such title which is a predicate to such civil penalty.'.
- (b) Effective Date- The amendments made by this section shall apply to amounts collected after the date of the enactment of this Act.
SEC. 31203. APPROPRIATION FROM LEAKING UNDERGROUND STORAGE TANK TRUST FUND.
- (a) In General- Subsection (c) of section 9508 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
- `(4) ADDITIONAL TRANSFER TO HIGHWAY TRUST FUND- Out of amounts in the Leaking Underground Storage Tank Trust Fund there is hereby appropriated--
- `(A) on the date of the enactment of the DRIVE Act, $100,000,000,
- `(B) on October 1, 2016, $100,000,000, and
- `(C) on October 1, 2017, $100,000,000,
- to be transferred under section 9503(f)(9) to the Highway Account (as defined in section 9503(e)(5)(B)) in the Highway Trust Fund.'.
- (b) Conforming Amendment- Section 9508(c)(1) of the Internal Revenue Code of 1986 is amended by striking `paragraphs (2) and (3)' and inserting `paragraphs (2), (3), and (4)'.
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