[Discussion Draft] F:\SLW\SLW_217.XML [DISCUSSION DRAFT] 114TH CONGRESS 1ST SESSION H. R. ll To provide greater transparency, accountability, and safety authority to the National Highway Traffic Safety Administration, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Ml. llllll introduced the following bill; which was referred to the Committee on llllllllllllll A BILL To provide greater transparency, accountability, and safety authority to the National Highway Traffic Safety Administration, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. This Act may be cited as the ø‘‘lllllll Act 4 5 of 2015’’¿. 6 SEC. 2. TABLE OF CONTENTS. 7 The table of contents for this Act is the following: Sec. 1. Short title. Sec. 2. Table of contents. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 2 TITLE I—ADMINISTRATIVE Sec. 101. Required reporting of NHTSA agenda. Sec. 102. Corporate responsibility for NHTSA reports. Sec. 103. NHTSA reporting on implementation of inspector general recommendations. Sec. 104. Report on operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies. Sec. 105. Improvement of data collection on child occupants in vehicle crashes. Sec. 106. Electronic odometer disclosures. TITLE II—MOTOR VEHICLE SAFETY RECALLS Sec. 201. Improvements in availability of motor vehicle safety recall information. Sec. 202. NHTSA recall notification and coordination. Sec. 203. Recall notification at State vehicle registration. Sec. 204. Recall obligations under bankruptcy. Sec. 205. Application of remedies for defects and noncompliance. TITLE III—PRIVACY, HACKING PROHIBITION, AND CYBER SECURITY Sec. 301. Vehicle data privacy. Sec. 302. Motor vehicle data hacking. Sec. 303. Automotive Cybersecurity Advisory Council. TITLE IV—SAFETY STANDARDS, GUIDELINES, EVALUATIONS, AND NEW REQUIREMENTS Sec. Sec. Sec. Sec. 401. 402. 403. 404. NHTSA report on seat belts for school buses. Rulemaking on rear seat crashworthiness. Retention of safety records by manufacturers. Nonapplication of prohibitions relating to noncomplying motor vehicles to vehicles used for testing or evaluation. Sec. 405. Treatment of low-volume manufacturers. Sec. 406. No liability on the basis of NHTSA motor vehicle safety guidelines. TITLE V—ADVANCED AUTOMOTIVE TECHNOLOGIES Sec. 501. Metrics for advanced automotive technologies. Sec. 502. Credits for advanced automotive technology. Sec. 503. Fuel economy credits for advanced automotive technologies. TITLE I—ADMINISTRATIVE 1 2 SEC. 101. REQUIRED REPORTING OF NHTSA AGENDA. 3 Not later than December 1 of the year beginning 4 after the date of enactment of this Act, and each year 5 thereafter, the Administrator of the National Highway 6 Traffic Safety Administration shall publish on the public f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 3 1 website of the Administration, and file with the Committee 2 on Energy and Commerce of the House of Representatives 3 and the Committee on Commerce, Science, and Transpor4 tation of the Senate an annual plan for the following cal5 endar year detailing the Administration’s projected activi6 ties, including— 7 (1) the Administrator’s policy priorities; 8 (2) any rulemakings projected to be com- 9 menced; 10 (3) any plans to develop guidelines; 11 (4) any plans to restructure the Administration 12 or to establish or alter working groups; 13 (5) any planned projects or initiatives of the 14 Administration, including the working groups and 15 advisory committees of the Administration; and 16 (6) any projected dates or timetables associated 17 with any of the items described in paragraphs (1) 18 through (5). 19 SEC. 102. CORPORATE RESPONSIBILITY FOR NHTSA RE- 20 21 PORTS. Section 30166(o) of title 49, United States Code, is 22 amended— 23 24 (1) in paragraph (1), by striking ‘‘may’’ and inserting ‘‘shall’’; and 25 (2) by adding at the end the following: f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 4 1 ‘‘(3) DEADLINE.—Not later than 1 year after 2 the date of enactment of this paragraph, the Sec- 3 retary shall issue final rules under paragraph (1).’’. 4 SEC. 103. NHTSA REPORTING ON IMPLEMENTATION OF IN- 5 6 SPECTOR GENERAL RECOMMENDATIONS. (a) INSPECTOR GENERAL REPORT.—Not later than 7 90 days after the date of enactment of this Act, and peri8 odically thereafter until the National Highway Traffic 9 Safety Administration has implemented all of the rec10 ommendations of the Inspector General of the Department 11 of Transportation, issued June 18, 2015, and contained 12 in report number ST–2015–063, such Inspector General 13 shall submit a report to the Committee on Energy and 14 Commerce of the House of Representatives and the Com15 mittee on Commerce, Science, and Transportation of the 16 Senate on the progress that the Administration has made 17 to implement the recommendations in such report. 18 (b) ADMINISTRATOR REPORT.—Not later than 90 19 days after the date of enactment of this Act, and every 20 90 days thereafter until the National Highway Traffic 21 Safety Administration has implemented all of the rec22 ommendations in the report described in subsection (a), 23 the Administrator of the National Highway Traffic Safety 24 Administration shall submit a report to the Committee on 25 Energy and Commerce of the House of Representatives f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 5 1 and the Committee on Commerce, Science, and Transpor2 tation of the Senate on the progress that the Administra3 tion has made to implement the recommendations in the 4 report described in subsection (a), including a plan and 5 timetable for implementing any remaining recommenda6 tions. 7 SEC. 104. REPORT ON OPERATIONS OF THE COUNCIL FOR 8 VEHICLE 9 WARE, AND EMERGING TECHNOLOGIES. 10 ELECTRONICS, VEHICLE SOFT- Not later than 1 year after the date of enactment 11 of this Act, the Secretary of Transportation shall submit 12 to the Committee on Commerce, Science, and Transpor13 tation of the Senate and the Committee on Energy and 14 Commerce of the House of Representatives a report re15 garding the operations of the Council for Vehicle Elec16 tronics, Vehicle Software, and Emerging Technologies es17 tablished under section 31401 of the Moving Ahead for 18 Progress in the 21st Century Act (49 U.S.C. 105 note). 19 The report shall include information about the accomplish20 ments of the Council, the role of the Council in integrating 21 and aggregating electronic and emerging technologies ex22 pertise across the National Highway Traffic Safety Ad23 ministration, the role of the Council in coordinating with 24 other Federal agencies, and the priorities of the Council 25 over the next 5 years. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 6 1 SEC. 105. IMPROVEMENT OF DATA COLLECTION ON CHILD 2 3 OCCUPANTS IN VEHICLE CRASHES. (a) IN GENERAL.—Not later than 1 year after the 4 date of enactment of this Act, the Secretary of Transpor5 tation shall revise the crash investigation data collection 6 system of the National Highway Traffic Safety Adminis7 tration to include the collection of the following data in 8 connection with vehicle crashes whenever a child restraint 9 system was in use in a vehicle involved in a crash: 10 (1) The type or types of child restraint systems 11 in use during the crash in any vehicle involved in the 12 crash, including whether a five-point harness or belt- 13 positioning booster. 14 (2) If a five-point harness child restraint system 15 was in use during the crash, whether the child re- 16 straint system was forward-facing or rear-facing in 17 the vehicle concerned. 18 (b) CONSULTATION.—In implementing subsection 19 (a), the Secretary shall work with law enforcement offi20 cials, safety advocates, the medical community, and re21 search organizations to improve the recordation of data 22 described in subsection (a) in police and other applicable 23 incident reports. 24 (c) REPORT.—Not later than 3 years after the date 25 of enactment of this Act, the Secretary shall submit to 26 the Committee on Commerce, Science, and Transportation f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 7 1 of the Senate and the Committee on Energy and Com2 merce of the House of Representatives a report on child 3 occupant crash data collection in the crash investigation 4 data collection system of the National Highway Traffic 5 Safety Administration pursuant to the revision required 6 by subsection (a). 7 SEC. 106. ELECTRONIC ODOMETER DISCLOSURES. 8 Section 32705(g) of title 49, United States Code, is 9 amended— 10 11 (1) by striking ‘‘Not’’ and inserting ‘‘(1) Not’’; and 12 13 (2) by adding at the end the following: ‘‘(2) Notwithstanding paragraph (1) and subject to 14 paragraph (3), a State, without approval from the Sec15 retary under subsection (d), may allow for written disclo16 sures or notices and related matters to be provided elec17 tronically if the disclosures or notices and related mat18 ters— 19 ‘‘(A) are provided in compliance with— 20 ‘‘(i) the requirements of title I of the Elec- 21 tronic Signatures in Global and National Com- 22 merce Act (15 U.S.C. 7001 et seq.); or 23 ‘‘(ii) the requirements of a State law under 24 section 102(a) of such Act (15 U.S.C. 7002(a)); 25 and f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 8 1 ‘‘(B) otherwise meet the requirements under 2 this section, including appropriate authentication 3 and security measures. 4 ‘‘(3) Paragraph (2) ceases to be effective on the date 5 the regulations under paragraph (1) become effective.’’. 7 TITLE II—MOTOR VEHICLE SAFETY RECALLS 8 SEC. 201. IMPROVEMENTS IN AVAILABILITY OF MOTOR VE- 6 9 10 HICLE SAFETY RECALL INFORMATION. (a) IMPROVEMENTS TO FEDERAL WEBSITE.—Begin- 11 ning not later than 2 years after the date of enactment 12 of this Act, the Secretary of Transportation shall imple13 ment and keep current information technology, web design 14 trends, and best practices that will help ensure that motor 15 vehicle safety recall information available to the public on 16 the Federal website established for making available such 17 information is readily accessible and easy to use, includ18 ing— 19 20 (1) by improving the organization, availability, readability, and functionality of the website; 21 (2) by accommodating high-traffic volume; and 22 (3) by establishing best practices for scheduling 23 routine website maintenance. 24 (b) GOVERNMENT ACCOUNTABILITY OFFICE PUBLIC 25 AWARENESS REPORT.— f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 9 1 (1) IN GENERAL.—The Comptroller General of 2 the United States shall study the use by consumers, 3 dealers, and manufacturers of motor vehicle safety 4 recall information made available to the public, in- 5 cluding the usability and content of the Federal 6 website and manufacturers’ websites established for 7 making available such information and the National 8 Highway Traffic Safety Administration’s efforts to 9 publicize and educate consumers about such infor- 10 mation. 11 (2) REPORT.—Not later than 2 years after the 12 date of enactment of this Act, the Comptroller Gen- 13 eral shall issue a report on the findings of the study 14 required by paragraph (1), including recommenda- 15 tions for any actions the Secretary of Transportation 16 can take to improve public awareness and use of the 17 websites described in such paragraph. 18 (c) PROMOTION OF PUBLIC AWARENESS.—Section 19 31301(c) of the Moving Ahead for Progress in the 21st 20 Century Act (49 U.S.C. 30166 note) is amended to read 21 as follows: 22 ‘‘(c) PROMOTION OF PUBLIC AWARENESS.—The Sec- 23 retary shall improve public awareness of motor vehicle 24 safety recall information made publicly available by peri25 odically updating the method of conveying that informa- f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 10 1 tion to consumers, dealers, and manufacturers, such as 2 through public service announcements.’’. 3 (d) CONSUMER GUIDANCE.—Not later than 1 year 4 after the date of enactment of this Act, the Secretary of 5 Transportation shall make available to the public on the 6 Internet detailed guidance for consumers submitting 7 motor vehicle safety complaints, including— 8 (1) a detailed explanation of what information 9 a consumer should include in a complaint; and 10 (2) a detailed explanation of the possible ac- 11 tions the National Highway Traffic Safety Adminis- 12 tration can take to address a complaint and respond 13 to the consumer, including information on— 14 (A) the consumer records, such as photo- 15 graphs and police reports, that could assist with 16 an investigation; and 17 (B) the length of time a consumer should 18 retain the records described in subparagraph 19 (A). 20 SEC. 202. NHTSA RECALL NOTIFICATION AND COORDINA- 21 TION. 22 23 (a) NOTIFICATION TRONIC 24 25 10:32 Oct 13, 2015 EMAIL AND OTHER ELEC- MEANS.— (1) TO OWNERS, PURCHASERS, AND LESSEES.— Not later than 270 days after the date of enactment f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 BY Jkt 000000 (614553 18) PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 11 1 of this Act, the Secretary of Transportation shall 2 prescribe a final rule revising the regulations under 3 paragraphs (a) and (b) of section 577.7 of title 49, 4 Code of Federal Regulations, relating to notification 5 of motor vehicle defects and noncompliance to— 6 (A) require notification by email (if the 7 email address of the person required to be noti- 8 fied is available to and has been authorized to 9 be used by the manufacturer) in addition to no- 10 tification by first class mail (or, if the postal 11 address of such person is not reasonably ascer- 12 tainable by the manufacturer, instead of notifi- 13 cation by first class mail); and 14 (B) encourage notification by other elec- 15 tronic means, including through social media 16 and targeted online campaigns. 17 (2) TO SECRETARY OF TRANSPORTATION.—Sec- 18 tion 30118(c) of title 49, United States Code, is 19 amended by inserting ‘‘or email’’ after ‘‘certified 20 mail’’. 21 (b) COORDINATION WITH MANUFACTURER RE- 22 QUIRED.—Section 30118(a) of title 49, United States 23 Code, is amended— f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 12 1 (1) by striking ‘‘The Secretary of Transpor- 2 tation’’ and inserting ‘‘(1) The Secretary of Trans- 3 portation’’; and 4 5 (2) by adding at the end the following: ‘‘(2) Prior to publishing notice of any defect or non- 6 compliance, the Secretary shall draft such notice in coordi7 nation with the affected manufacturer or manufacturers. 8 Such notice may not be published unless all vehicle identi9 fication numbers for the affected vehicles have been made 10 available to the Secretary in such a manner that, begin11 ning immediately after the notice is published, consumers 12 can determine, by a vehicle identification number search 13 functionality made available on the Internet, whether par14 ticular vehicles are involved in the recall. The vehicle iden15 tification numbers shall be made available to the Secretary 16 pursuant to the following process: 17 ‘‘(A) Upon the decision by the Administrator of 18 the National Highway Traffic Safety Administration 19 to publish a notice of defect or noncompliance, the 20 Administrator shall first notify each affected manu- 21 facturer, including any suppliers responsible for the 22 defect or noncompliance. 23 ‘‘(B) Any supplier of parts that the Adminis- 24 trator has determined to be defective or noncompli- 25 ant under this section shall identify all parts that f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 13 1 are subject to the recall and provide the Adminis- 2 trator and each affected manufacturer all part num- 3 bers for each affected part within 3 business days 4 after receiving notice under subparagraph (A). 5 ‘‘(C) Upon receipt of notice from the Adminis- 6 trator or a supplier as required under this para- 7 graph, each affected manufacturer shall identify the 8 vehicle identification number for each affected vehi- 9 cle and provide, within 5 business days after receiv- 10 ing such notice, such vehicle identification numbers 11 to the Administrator in a searchable format deter- 12 mined by the Administrator. 13 ‘‘(3) Any public notice of any defect or noncompliance 14 shall also include, to the extent reasonable under the cir15 cumstances, whether remedies are available with respect 16 to each defective or noncompliant part and each manufac17 turer involved in the recall.’’. 18 (c) ESTIMATED TIME OF AVAILABILITY OF EACH 19 REMEDY.—Section 30119(a) of title 49, United States 20 Code, is amended— 21 22 (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and 23 24 (2) by inserting after paragraph (5) the following: f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 14 1 ‘‘(6) to the extent reasonable under the cir- 2 cumstances, for each remedy for the defect or non- 3 compliance, an estimate, stated as a time range not 4 longer than 2 months, of when consumers should ex- 5 pect to have access to such remedy;’’. 6 (d) OPTION 7 TO FOR PURCHASERS TO PROVIDE EMAIL MANUFACTURERS.—Section 30117 of title 49, United 8 States Code, is amended by adding at the end the fol9 lowing: 10 11 ‘‘(d) OPTION TO FOR PURCHASERS TO PROVIDE EMAIL MANUFACTURERS.—At the time when a motor vehicle 12 is purchased or leased from a manufacturer or from a 13 dealer that has a franchise, operating, or other agreement 14 with the manufacturer, the manufacturer shall give the 15 purchaser or lessee of the motor vehicle the option to pro16 vide an email address or other information to enable noti17 fication by electronic means in the event of a safety recall 18 or noncompliance as provided under section 577.5 of title 19 49, Code of Federal Regulations. Email addresses and 20 other contact information collected under this subsection 21 may not be used to contact the purchaser or lessee for 22 any reason, including marketing, other than to provide a 23 safety recall or noncompliance notice.’’. 24 (e) RECALL COMPLETION RATES REPORT.— f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 15 1 (1) ANALYSIS later than 1 2 year after the date of enactment of this Act, and bi- 3 ennially thereafter for 4 years, the Secretary of 4 Transportation shall— 5 (A) conduct an analysis of vehicle safety 6 recall completion rates to assess potential ac- 7 tions by the National Highway Traffic Safety 8 Administration to improve vehicle safety recall 9 completion rates; and 10 (B) submit to the Committee on Energy 11 and Commerce of the House of Representatives 12 and the Committee on Commerce, Science, and 13 Transportation of the Senate a report on the 14 results of the analysis. 15 (2) CONTENTS.—Each report shall include— 16 (A) the annual recall completion rate by 17 manufacturer, model year, component (such as 18 brakes, fuel systems, and air bags), and vehicle 19 type (passenger car, sport utility vehicle, pas- 20 senger van, and pick-up truck) for each of the 21 5 years before the year the report is submitted; 22 and 23 (B) the methods by which the Secretary 24 has conducted analyses of these recall comple- f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 REQUIRED.—Not 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 16 1 tion rates to determine trends and identify risk 2 factors associated with lower recall rates. 3 (f) INSPECTOR GENERAL AUDIT OF MOTOR VEHICLE 4 RECALLS.— 5 (1) AUDIT Inspector General 6 of the Department of Transportation shall conduct 7 an audit of the National Highway Traffic Safety Ad- 8 ministration’s management of motor vehicle safety 9 recalls. 10 (2) CONTENTS.—The audit shall include a de- 11 termination of whether the National Highway Traf- 12 fic Safety Administration— 13 (A) appropriately monitors recalls to en- 14 sure the appropriateness of scope and adequacy 15 of recall completion rates and remedies; 16 (B) ensures that manufacturers provide 17 safe remedies, at no cost to consumers; 18 (C) is capable of coordinating recall rem- 19 edies and processes; and 20 (D) can improve its policy on consumer no- 21 tice to combat the effects of the dilution of the 22 effectiveness of recall notices due to the number 23 or frequency of such notices. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 REQUIRED.—The 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 17 1 SEC. 203. RECALL NOTIFICATION AT STATE VEHICLE REG- 2 3 ISTRATION. (a) RECALL PROGRAM PARTICIPATION REQUIRED.— 4 Section 30303 of title 49, United States Code, is amended 5 by adding at the end the following: 6 ‘‘(d) RECALL NOTICE REQUIRED.—A participating 7 State shall— 8 ‘‘(1) agree to notify, at the time of vehicle reg- 9 istration, each owner or lessee of a motor vehicle 10 presented for registration in the State of any open 11 recall on that vehicle; 12 ‘‘(2) provide the open motor vehicle recall infor- 13 mation at no cost to each owner or lessee of a motor 14 vehicle presented for registration in the State; and 15 ‘‘(3) provide such other information as the Sec- 16 retary may require. 17 ‘‘(e) DEFINITIONS.—In this section: 18 ‘‘(1) MOTOR term ‘motor vehi- 19 cle’ has the meaning given the term under section 20 30102(a) of this title. 21 ‘‘(2) OPEN MOTOR VEHICLE RECALL.—The 22 term ‘open motor vehicle recall’ means a recall for 23 which a notification by a manufacturer has been 24 provided under section 30119 of this title, and that 25 has not been remedied under section 30120 of this 26 title. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 VEHICLE.—The 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 18 1 ‘‘(3) REGISTRATION.—The term ‘registration’ 2 means the process for registering a motor vehicle in 3 the State or renewing the registration for such 4 motor vehicle. 5 ‘‘(4) STATE.—The term ‘State’ has the mean- 6 ing given the term under section 101(a) of title 23.’’. 7 (b) CONFORMING AMENDMENT.—Section 30303(a) 8 of title 49, United States Code, is amended by inserting 9 ‘‘and subsection (d) of this section’’ before the period. 10 SEC. 204. RECALL OBLIGATIONS UNDER BANKRUPTCY. 11 Section 30120A of title 49, United States Code, is 12 amended by striking ‘‘chapter 11 of title 11,’’ and insert13 ing ‘‘chapter 7 or chapter 11 of title 11’’. 14 SEC. 205. APPLICATION OF REMEDIES FOR DEFECTS AND 15 NONCOMPLIANCE. 16 Section 30120(g)(1) of title 49, United States Code, 17 is amended by striking ‘‘10 calendar years’’ and inserting 18 ‘‘15 calendar years’’. 21 TITLE III—PRIVACY, HACKING PROHIBITION, AND CYBER SECURITY 22 SEC. 301. VEHICLE DATA PRIVACY. 19 20 23 (a) IN GENERAL.—Part C of subtitle VI of title 49, 24 United States Code, is amended by inserting after chapter 25 323 the following new chapter: f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 19 ‘‘CHAPTER 324—VEHICLE DATA PRIVACY 1 ‘‘Sec. ‘‘32401. Definitions. ‘‘32402. Vehicle data privacy. 2 ‘‘§ 32401. Definitions 3 ‘‘In this chapter: 4 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- 5 trator’ means the Administrator of the National 6 Highway Traffic Safety Administration. 7 8 ‘‘(2) COVERED term ‘cov- ered information’ means information that— 9 ‘‘(A) passenger motor vehicles collect, gen- 10 erate, record, or store in electronic form that 11 may be retrieved by or on behalf of the manu- 12 facturer of the original motor vehicle equip- 13 ment; or 14 ‘‘(B) is provided by the owner, lessee, or 15 renter, if applicable, of a vehicle who subscribes 16 to or registers for technologies and services pro- 17 vided by, made available through, or offered on 18 behalf of the manufacturer that involves the 19 collection, use, or sharing of information that is 20 collected, generated, recorded, or stored by a 21 vehicle. 22 ‘‘(3) MANUFACTURER; MOTOR VEHICLE.—The 23 terms ‘manufacturer’ and ‘motor vehicle’ have the 24 meanings given those terms in section 30102. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 INFORMATION.—The 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 20 1 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 2 the Secretary of Transportation. 3 ‘‘§ 32402. Vehicle data privacy 4 ‘‘(a) IN GENERAL.—Not later than 1 year after the 5 date of enactment of this chapter, each manufacturer of 6 motor vehicles sold or offered for sale in the United States 7 shall develop and implement a privacy policy outlining the 8 practices of such manufacturer regarding the collection, 9 use, and sharing of covered information. 10 11 ‘‘(b) IDENTIFICATION MENTS.—The OF PRIVACY POLICY REQUIRE- privacy policy developed and implemented 12 pursuant to subsection (a) shall identify whether the man13 ufacturer will provide an owner, lessee, or renter, if appli14 cable, with any of the following: 15 16 ‘‘(1) Notices about the manufacturer’s collection, use, and sharing of covered information. 17 ‘‘(2) The choices that are available to the 18 owner, lessee, or renter regarding the collection, use, 19 and sharing of covered information. 20 21 ‘‘(3) How and under what circumstances covered information is collected. 22 ‘‘(4) A commitment to retain the covered infor- 23 mation no longer than is determined necessary by 24 the manufacturer for legitimate business purposes. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 21 1 ‘‘(5) A commitment to implement reasonable 2 measures to protect covered information against loss 3 and unauthorized access or use. 4 ‘‘(6) A commitment to implement reasonable 5 measures to maintain the accuracy of covered infor- 6 mation and to provide the owner, lessee, or renter 7 with reasonable means to review and correct infor- 8 mation provided by the owner, lessee, or renter, if 9 applicable. 10 ‘‘(7) A commitment to take reasonable steps to 11 ensure that the manufacturer and other entities that 12 receive the covered information by or on behalf of 13 the manufacturer adhere to the privacy policy. 14 ‘‘(c) FILING AND PUBLICATION.— 15 ‘‘(1) PRIVACY later than 60 days 16 after the implementation of a privacy policy by a 17 manufacturer described in subsection (a), the manu- 18 facturer shall file such policy with the Secretary. 19 ‘‘(2) WEBSITE PUBLICATION.—Not later than 20 30 days after the submission of a privacy policy pur- 21 suant to paragraph (1) or (3), the Secretary shall 22 make such policy publicly accessible on a website op- 23 erated by the Secretary. 24 ‘‘(3) UPDATE 25 10:32 Oct 13, 2015 OF PRIVACY POLICY.—Not later than 30 days after updating the terms of a privacy f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 POLICY.—Not Jkt 000000 (614553 18) PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 22 1 policy submitted pursuant to paragraph (1), the 2 manufacturer shall file the updated policy with the 3 Secretary. 4 ‘‘(d) ENFORCEMENT.— 5 ‘‘(1) CIVIL PENALTY.—A manufacturer that 6 does not meet the requirements of subsection (a) or 7 (b) or that violates any of the terms of the privacy 8 policy submitted pursuant to paragraph (1) or (3) of 9 subsection (c) is liable to the United States Govern- 10 ment for a civil penalty of not more than $5,000 per 11 day. The maximum penalty under this section for a 12 series of violations by a single manufacturer is 13 $1,000,000. 14 ‘‘(2) LIABILITY PROTECTION.—A manufacturer 15 that submits a privacy policy that meets all of the 16 requirements described under subsection (b) is not 17 subject to civil penalties described in paragraph (1). 18 ‘‘(e) SAFE HARBOR.—A manufacturer whose privacy 19 policy identifies that such manufacturer will provide an 20 owner, lessee, or renter, if applicable, with all of the items 21 described under subsection (b) shall not be subject to the 22 provisions of section 5 of the Federal Trade Commission 23 Act (15 U.S.C. 45) with respect to any unfair or deceptive 24 act or practice relating to privacy.’’. 25 (b) VEHICLE EVENT DATA RECORDER STUDY.— f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 23 1 (1) STUDY ADMINISTRATOR.—Not later 2 than 1 year after the date of enactment of this Act, 3 the Administrator of the National Highway Traffic 4 Safety Administration shall submit to the Secretary 5 of Transportation a study— 6 (A) to determine the appropriate amount 7 of time for an event data recorder installed in 8 a passenger motor vehicle to capture and record 9 for retrieval vehicle-related data related to an 10 event to provide sufficient information to inves- 11 tigate the cause of a motor vehicle crash; and 12 (B) to identify data that may be appro- 13 priate to transfer to a first responder for the 14 treatment of a crash victim. 15 (2) REPORT BY SECRETARY.—Not later than 16 10 days after the submission of the study required 17 under paragraph (1), the Secretary shall submit to 18 the Committee on Energy and Commerce of the 19 House of Representatives and the Committee on 20 Commerce, Science, and Transportation of the Sen- 21 ate a report that contains the results of the study 22 conducted by the Administrator pursuant to para- 23 graph (1). f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 BY 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 24 1 (c) CLERICAL AMENDMENT.—The analysis of subtitle 2 VI of title 49, United States Code, is amended by inserting 3 after the item relating to chapter 323 the following: ‘‘324. Vehicle Data Privacy ..................................................................... 32401’’. 4 SEC. 302. MOTOR VEHICLE DATA HACKING. 5 (a) AMENDMENT.—Section 30122 of title 49, United 6 States Code, is amended by adding at the end the fol7 lowing new subsection: 8 9 ‘‘(d) MOTOR VEHICLE DATA HACKING PROHIBITED.— 10 ‘‘(1) PROHIBITION.—It shall be unlawful for 11 any person to access, without authorization, an elec- 12 tronic control unit or critical system of a motor vehi- 13 cle, or other system containing driving data for such 14 motor vehicle, either wirelessly or through a wired 15 connection. 16 ‘‘(2) DEFINITIONS.—In this subsection: 17 ‘‘(A) CRITICAL term ‘crit- 18 ical system’ means software, firmware, or hard- 19 ware located within or on a motor vehicle that, 20 if accessed without authorization, can affect the 21 movement of the vehicle. 22 ‘‘(B) DRIVING DATA.—The term ‘driving 23 data’ means information that a motor vehicle 24 collects, generates, records, or stores in elec- 25 tronic form and information that is provided by f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 SYSTEM.—The 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 25 1 the owner, lessee, or renter, if applicable, of a 2 motor vehicle who subscribes to or registers for 3 technologies and services provided by, made 4 available through, or offered on behalf of the 5 manufacturer that involves the collection, use, 6 or sharing of information that is collected, gen- 7 erated, recorded, or stored by the motor vehicle. 8 ‘‘(C) ELECTRONIC CONTROL UNIT.—The 9 term ‘electronic control unit’ means an elec- 10 trical system interface or software that can im- 11 pact the movement, functioning, or operation of 12 any component of a vehicle.’’. 13 (b) CIVIL PENALTIES.—Section 30165(a) of title 49, 14 United States Code, is amended by inserting at the end 15 the following new paragraph: 16 ‘‘(5) MOTOR 17 withstanding paragraph (1), a person who violates 18 section 30122(d) is liable to the United States Gov- 19 ernment for a civil penalty of not more than 20 $100,000 for each violation. A separate violation oc- 21 curs for each motor vehicle or item of motor vehi- 22 cle.’’. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 VEHICLE DATA HACKING.—Not- 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 26 1 SEC. 303. AUTOMOTIVE CYBERSECURITY ADVISORY COUN- 2 CIL. 3 (a) IN GENERAL.—Part A of subtitle VI of title 49, 4 United States Code, is amended by adding at the end the 5 following new chapter: ‘‘CHAPTER 307—CYBERSECURITY 6 ‘‘Sec. ‘‘30701. Automotive Cybersecurity Advisory Council. 7 ‘‘§ 30701. Automotive Cybersecurity Advisory Council 8 ‘‘(a) ESTABLISHMENT.— 9 ‘‘(1) IN later than 1 year after 10 the date of enactment of this chapter, the Adminis- 11 trator of the National Highway Traffic Safety Ad- 12 ministration shall establish an Automotive Cyberse- 13 curity Advisory Council (in this chapter referred to 14 as the ‘Council’) to develop cybersecurity best prac- 15 tices for manufacturers of automobiles offered for 16 sale in the United States. 17 ‘‘(2) NOTICE OF INTENT.—Not later than 30 18 days after the date of enactment of this chapter, the 19 Administrator shall issue a notice of intent to open 20 a proceeding establishing the Council. This notice 21 shall be made public in the Federal Register and on 22 a website maintained by the Administrator. 23 24 ‘‘(3) PROCEEDING BERS.—Not f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 GENERAL.—Not 10:32 Oct 13, 2015 Jkt 000000 AND APPOINTMENT OF MEM- later than 60 days after the notice of (614553 18) PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 27 1 intent is published pursuant to paragraph (2), the 2 Administrator shall formally open a proceeding to 3 establish the Council, and shall consult with the 4 agencies listed under paragraph (4) and appoint 5 members of the Council as set forth in such para- 6 graph. 7 ‘‘(4) MEMBERSHIP.— 8 ‘‘(A) FEDERAL 9 The Council shall be comprised of the Adminis- 10 trator of the National Highway Traffic Safety 11 Administration and at least one representative 12 from each of the following agencies: 13 ‘‘(i) The Department of Defense. 14 ‘‘(ii) The National Institute of Stand- 15 ards and Technology. 16 ‘‘(iii) The National Highway Traffic 17 Safety Administration, other than the Ad- 18 ministrator. 19 ‘‘(B) MEMBERS FROM MANUFACTURERS.— 20 Not later than 180 days after the date of enact- 21 ment of this chapter, the Administrator shall 22 require each manufacturer of automobiles that 23 manufactures more than 20,000 automobiles 24 sold in the previous calendar year in the United 25 States, in such manner as the Administrator f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 GOVERNMENT MEMBERS.— 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 28 1 determines necessary, to appoint one represent- 2 ative of the manufacturer to serve as a member 3 on the Council. 4 ‘‘(C) OTHER MEMBERS.—The Adminis- 5 trator shall invite one representative from a 6 company, organization, or association rep- 7 resenting authorized franchised car dealerships, 8 independent repair shops, consumer advocates, 9 parts suppliers (for tiers one, two, three and 10 four), standards-setting bodies, academics, and 11 security researchers to serve as a member on 12 the Council. 13 ‘‘(D) LIMITATION.—Not fewer than 50 14 percent of the members on the Council shall be 15 representatives 16 mobiles. 17 of manufacturers of auto- ‘‘(b) MEETINGS.—The Council shall meet not less 18 than quarterly to develop best practices for cybersecurity 19 for manufacturers of automobiles offered for sale in the 20 United States. Not later than 10 business days before the 21 day on which a meeting is held, the Administrator shall 22 publish the meeting time and agenda of each meeting in 23 the Federal Register and on a publicly accessible website. 24 Any meeting held by the Council shall be closed to the 25 public. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 29 1 ‘‘(c) DEVELOPMENT OF BEST PRACTICES.—Not later 2 than 1 year after Council is established pursuant to sub3 section (a)(1), the Council shall develop cybersecurity best 4 practices for manufacturers of automobiles offered for sale 5 in the United States. Such best practices shall be approved 6 by a simple majority of members of the Council and may 7 include the following: 8 ‘‘(1) The quality of security controls imple- 9 mented within software, firmware, and hardware 10 used within automobiles. 11 ‘‘(2) The design of the automobile’s internal ar- 12 chitecture with respect to connections between vehi- 13 cle systems and critical safety systems. 14 ‘‘(3) The security specifications required by 15 manufacturers of automobiles for suppliers of auto- 16 mobile equipment, network service providers, and 17 other relevant suppliers in the supply chain for vehi- 18 cle development. 19 ‘‘(4) The security controls designed around 20 ports, connection points, or other openings into the 21 vehicle’s internal network and operating system. 22 ‘‘(5) The implementation of security controls to 23 protect critical safety systems in the vehicle from ex- 24 ploitation from any after-market or third-party de- f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 30 1 vice and wireless connection brought into, plugged 2 into, or established within the vehicle. 3 ‘‘(6) 4 vulnerabilities. The remediation of cybersecurity 5 ‘‘(7) The use and quality of data forensics to 6 investigate and identify cyber security vulnerabilities 7 in vehicle systems and critical safety systems. 8 ‘‘(8) The coordination of cyber security vulner- 9 ability disclosures among vehicle manufacturers and 10 security researchers. 11 ‘‘(d) ANNUAL EVALUATION.—The Council shall re- 12 view, and, if necessary, update cybersecurity best practices 13 as the Council considers necessary on an annual basis. If 14 no updates are necessary or approved following such an 15 evaluation, the Administrator shall report such determina16 tion in the Federal Register. If the Council determines by 17 a simple majority of all representatives that updates are 18 necessary, the Council shall publish any updates in the 19 Federal Register and on the website maintained by the 20 Administrator that is publicly accessible not later than 90 21 days after such determination. 22 ‘‘(e) SUBMISSION OF PLAN AND REVIEW.— 23 ‘‘(1) SUBMISSION 24 ‘‘(A) VEHICLE 25 PLAN.—Not f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 OF PLAN.— Jkt 000000 SECURITY AND INTEGRITY later than 90 days after the date (614553 18) PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 31 1 on which the best practices approved by the 2 Council pursuant to subsection (c) or (d) are 3 published in the Federal Register, each manu- 4 facturer of automobiles may file a vehicle secu- 5 rity and integrity plan with the Administrator 6 describing the policies and procedures the man- 7 ufacturer uses to implement and maintain such 8 best practices. Such plan, including any modi- 9 fication of such plan, may not be disclosed to 10 the public and is specifically exempted from dis- 11 closure as described under section 552(b)(3) of 12 title 5. 13 ‘‘(B) MODIFICATION later 14 than 90 days after a manufacturer modifies the 15 plan described in subparagraph (A), the manu- 16 facturer may file an updated plan with the Ad- 17 ministrator. 18 ‘‘(2) REVIEW.— 19 ‘‘(A) REVIEW OF SUBMISSION.—Not later 20 than 30 days after the submission of a plan 21 pursuant to paragraph (1), the Administrator 22 shall determine whether the plan complies with 23 the best practices approved pursuant to sub- 24 section (c) or (d) and, if necessary, order nec- 25 essary modification to the plan to comply with f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 OF PLAN.—Not 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 32 1 such best practices. The Administrator shall de- 2 termine that the plan complies with the best 3 practices unless the Administrator demonstrates 4 by clear and convincing evidence in the order 5 issued under subparagraph (B) that the plan of 6 the manufacturer is not consistent with the best 7 practices. 8 ‘‘(B) ORDER upon 9 review, the Administrator determines that the 10 plan of a manufacturer is not consistent with 11 the best practices approved pursuant to sub- 12 section (c) or (d), the Administrator shall issue 13 an order to the manufacturer and the manufac- 14 turer shall modify the plan in accordance with 15 the order. A manufacturer shall have 30 days 16 to submit a modified plan in accordance with 17 such order. The Administrator may not pre- 18 scribe specific action that a manufacturer must 19 take to comply with such best practices. 20 ‘‘(f) ENFORCEMENT.— 21 ‘‘(1) VIOLATION OF PLAN.—A manufacturer 22 that violates the vehicle security and integrity plan 23 described in subsection (e)(1) of such manufacturer 24 is subject to the civil penalties described in section 25 30165(a)(1). f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 FOR MODIFICATION.—If 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 33 1 ‘‘(2) LIABILITY PROTECTION.—A manufacturer 2 is not subject to civil penalties described in section 3 30165(a)(1) with regard to a violation of the vehicle 4 security and integrity plan of such manufacturer if 5 the manufacturer— 6 ‘‘(A) submits such a vehicle security and 7 integrity plan described in subsection (e)(1) 8 that is approved by the Administrator; and 9 ‘‘(B) implements and maintains the best 10 practices identified in the plan. 11 ‘‘(3) NO LIABILITY ON THE BASIS OF CYBERSE- 12 CURITY BEST PRACTICES ISSUED BY THE COUNCIL 13 .—The best practices issued by the Council under 14 this section may not provide a basis for or evidence 15 of liability in an action against a manufacturer of 16 automobiles whose cyber security practices are al- 17 leged to be inconsistent with the best practices 18 issued by the Council if— 19 ‘‘(A) the manufacturer has not filed a vehi- 20 cle security and integrity plan under subsection 21 (e)(1); or 22 ‘‘(B) the plan of the manufacturer does 23 not include the cyber security practice at issue. 24 ‘‘(g) SAFE HARBOR.—A manufacturer that submits 25 a vehicle security and integrity plan in accordance with f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 34 1 subsection (e)(1) shall not be subject to the provisions of 2 section 5 of the Federal Trade Commission Act (15 U.S.C. 3 45) with respect to any unfair or deceptive act or practice 4 relating to the best practices the manufacturer implements 5 and maintains under such plan. 6 ‘‘(h) DEFINITIONS.—The terms ‘automobile’ and 7 ‘manufacturer’ have the meanings given those terms in 8 section 32901(a).’’. 9 (b) CLERICAL AMENDMENT.—The analysis for sub- 10 title VI of title 49, United States Code, is amended by 11 inserting after the item relating to chapter 305 the fol12 lowing: ‘‘307. Cybersecurity ................................................................................. 30701’’. 13 (c) TECHNICAL AND CONFORMING CIVIL PENALTY 14 AMENDMENT.—Section 30165(a)(1) of title 49, United 15 States Code, is amended by inserting ‘‘30701,’’ after 16 ‘‘30147,’’. 19 TITLE IV—SAFETY STANDARDS, GUIDELINES, EVALUATIONS, AND NEW REQUIREMENTS 20 SEC. 401. NHTSA REPORT ON SEAT BELTS FOR SCHOOL 17 18 21 22 BUSES. (a) STUDY.—The Administrator of the National 23 Highway Traffic Safety Administration shall identify and 24 publish a report evaluating seat belts, advanced auto25 motive technologies, and connected vehicle technologies for f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 35 1 school buses (with a gross vehicle weight rating of more 2 than 10,000 pounds that meet all required motor vehicle 3 safety standards) to— 4 (1) determine the advanced automotive tech- 5 nologies and connected vehicle technologies for 6 motor vehicles that have the largest potential to im- 7 pact school bus safety; 8 (2) evaluate the potential costs and potential 9 safety benefits of installing various seat belt systems 10 in school buses; and 11 (3) identify the system that is least expensive to 12 install and would not impede the capacity of such 13 school buses that are less than 10 years old. 14 (b) REPORT.—Not later than 1 year after the date 15 of enactment of this Act, the Administrator shall submit 16 to Congress a report on the findings of the study required 17 by subsection (a), including any recommendations to im18 prove public awareness of safety measures relating to 19 school buses. 20 SEC. 402. 21 22 RULEMAKING ON REAR SEAT CRASH- WORTHINESS. (a) SAFETY RESEARCH INITIATIVE.—Not later than 23 2 years after the date of enactment of this Act, the Sec24 retary of Transportation shall complete research into the 25 development of safety standards or performance require- f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 36 1 ments for the crashworthiness and survivability for pas2 sengers in the rear seats of motor vehicles. 3 (b) SPECIFICATIONS.—In carrying out subsection (a), 4 the Secretary shall consider side- and rear-impact collision 5 testing, additional airbags, head restraints, seatbelt fit, 6 seatbelt airbags, belt anchor location, and any other fac7 tors the Secretary considers appropriate. 8 (c) RULEMAKING OR REPORT.— 9 (1) RULEMAKING.—Not later than 1 year after 10 the completion of each research and testing initiative 11 required under subsection (a), the Secretary shall 12 initiate a rulemaking proceeding to issue a Federal 13 motor vehicle safety standard if the Secretary deter- 14 mines that such a standard meets the requirements 15 and considerations set forth in subsections (a) and 16 (b) of section 30111 of title 49, United States Code. 17 (2) REPORT.—If the Secretary determines that 18 the standard described in paragraph (1) does not 19 meet the requirements and considerations set forth 20 in such subsections, the Secretary shall submit a re- 21 port describing the reasons for not prescribing such 22 a standard to the Committee on Energy and Com- 23 merce of the House of Representatives and the Com- 24 mittee on Commerce, Science, and Transportation of 25 the Senate. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 37 1 SEC. 403. RETENTION OF SAFETY RECORDS BY MANUFAC- 2 3 TURERS. (a) RULE.—Not later than 18 months after the date 4 of enactment of this Act, the Secretary of Transportation 5 shall issue a final rule pursuant to section 30117 of title 6 49, United States Code, requiring each manufacturer of 7 motor vehicles or motor vehicle equipment to retain all 8 motor vehicle safety records, including documents, reports, 9 correspondence, or other materials that contain informa10 tion concerning malfunctions that may be related to motor 11 vehicle safety (including any failure or malfunction beyond 12 normal deterioration in use, or any failure of performance, 13 or any flaw or unintended deviation from design specifica14 tions, that could in any reasonably foreseeable manner be 15 a causative factor in, or aggravate, an accident or an in16 jury to a person), for a period of not less than 10 calendar 17 years from the date on which they were generated or ac18 quired by the manufacturer. Such requirement shall also 19 apply to all underlying records on which information re20 ported to the Secretary under part 579 of title 49, Code 21 of Federal Regulations, is based. 22 (b) APPLICATION.—The rule required by subsection 23 (a) shall apply with respect to any record described in such 24 subsection that is in the possession of a manufacturer on 25 the effective date of such rule. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 38 1 SEC. 404. NONAPPLICATION OF PROHIBITIONS RELATING 2 TO NONCOMPLYING MOTOR VEHICLES TO VE- 3 HICLES USED FOR TESTING OR EVALUATION. 4 Section 30112(b) of title 49, United States Code, is 5 amended— 6 7 (1) in paragraph (8), by striking ‘‘; or’’ and inserting a semicolon; 8 9 (2) in paragraph (9), by striking the period at the end and inserting ‘‘; or’’; and 10 11 (3) by adding at the end the following new paragraph: 12 ‘‘(10) the introduction of a motor vehicle in 13 interstate commerce solely for purposes of testing or 14 evaluation by a manufacturer that prior to the date 15 of enactment of this paragraph— 16 ‘‘(A) has manufactured and distributed 17 motor vehicles into the United States that are 18 certified to comply with all applicable Federal 19 motor vehicle safety standards; 20 ‘‘(B) has submitted to the Secretary ap- 21 propriate manufacturer identification informa- 22 tion under part 566 of title 49, Code of Federal 23 Regulations; 24 ‘‘(C) if applicable, has identified an agent 25 for service of process in accordance with part 26 551 of such title; and f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 39 1 ‘‘(D) agrees not to sell or offer for sale the 2 motor vehicle at the conclusion of the testing or 3 evaluation.’’. 4 SEC. 405. TREATMENT OF LOW-VOLUME MANUFACTURERS. 5 (a) EXEMPTION FROM VEHICLE SAFETY STANDARDS 6 FOR LOW-VOLUME MANUFACTURERS.—Section 30114 of 7 title 49, United States Code, is amended— 8 (1) by striking ‘‘The’’ and inserting ‘‘(a) VEHI- 9 CLES 10 FOR (2) by adding at the end the following new sub- 12 section: 13 ‘‘(b) EXEMPTION 14 PARTICULAR PURPOSES.—The’’; and 11 FOR LOW-VOLUME MANUFACTUR- ERS.— 15 ‘‘(1) IN GENERAL.—The Secretary shall— 16 ‘‘(A) exempt from section 30112(a) of this 17 title not more than 500 replica motor vehicles 18 per year that are manufactured or imported by 19 a low-volume manufacturer; and 20 ‘‘(B) except as provided in paragraph (4) 21 of this subsection, limit any such exemption to 22 the Federal Motor Vehicle Safety Standards ap- 23 plicable to motor vehicles and not motor vehicle 24 equipment. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 USED 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 40 1 ‘‘(2) REGISTRATION qual- 2 ify for an exemption under paragraph (1), a low-vol- 3 ume manufacturer shall register with the Secretary 4 at such time, in such manner, and under such terms 5 that the Secretary determines appropriate. The Sec- 6 retary shall establish terms that ensure that no per- 7 son may register as a low-volume manufacturer if 8 the person is registered as an importer under section 9 30141 of this title. 10 ‘‘(3) PERMANENT 11 ‘‘(A) IN LABEL REQUIREMENT.— GENERAL.—The Secretary shall 12 require a low-volume manufacturer to affix a 13 permanent label to a motor vehicle exempted 14 under paragraph (1) that identifies the speci- 15 fied standards and regulations for which such 16 vehicle is exempt from section 30112(a) and 17 designates the model year such vehicle rep- 18 licates. 19 ‘‘(B) WRITTEN NOTICE.—The Secretary 20 may require a low-volume manufacturer of a 21 motor vehicle exempted under paragraph (1) to 22 deliver written notice of the exemption to— 23 ‘‘(i) the dealer; and 24 ‘‘(ii) the first purchaser of the motor 25 vehicle, if the first purchaser is not an in- f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 REQUIREMENT.—To 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 41 1 dividual that purchases the motor vehicle 2 for resale. 3 ‘‘(C) REPORTING low- 4 volume manufacturer shall annually submit a 5 report to the Secretary including the number 6 and description of the motor vehicles exempted 7 under paragraph (1) and a list of the exemp- 8 tions described on the label affixed under sub- 9 paragraph (A). 10 ‘‘(4) EFFECT ON OTHER PROVISIONS.—Any 11 motor vehicle exempted under this subsection shall 12 also be exempted from sections 32304, 32502, and 13 32902 of this title and from section 3 of the Auto- 14 mobile Information Disclosure Act (15 U.S.C. 15 1232). 16 ‘‘(5) LIMITATION AND PUBLIC NOTICE.—The 17 Secretary shall have 60 days to review and approve 18 a registration submitted under paragraph (2). Any 19 registration not approved or denied within 60 days 20 after submission shall be deemed approved. The Sec- 21 retary shall have the authority to revoke an existing 22 registration based on a failure to comply with re- 23 quirements set forth in this subsection. The reg- 24 istrant shall be provided a reasonable opportunity to 25 correct all deficiencies, if such are correctable based f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 REQUIREMENT.—A 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 42 1 on the sole discretion of the Secretary. An exemption 2 granted by the Secretary to a low-volume manufac- 3 turer under this subsection may not be transferred 4 to any other person, and shall expire at the end of 5 the calendar year for which it was granted with re- 6 spect to any volume authorized by the exemption 7 that was not applied by the low-volume manufac- 8 turer to vehicles built during that calendar year. The 9 Secretary shall maintain an up-to-date list of reg- 10 istrants on an annual basis and publish such list in 11 the Federal Register or on a website operated by the 12 Secretary. 13 ‘‘(6) LIMITATION 14 MANUFACTURERS, LICENSORS OR OWNERS OF PROD- 15 UCT CONFIGURATION, TRADE DRESS, OR DESIGN 16 PATENTS.—The 17 or assignee, or current owner, who grants a license 18 or otherwise transfers rights to a low-volume manu- 19 facturer shall incur no liability to any person or enti- 20 ty under Federal or State statute, regulation, local 21 ordinance, or under any Federal or State common 22 law for such license or assignment to a low-volume 23 manufacturer. 24 10:32 Oct 13, 2015 original manufacturer, its successor ‘‘(7) DEFINITIONS.—In this subsection: f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 OF LIABILITY FOR ORIGINAL Jkt 000000 (614553 18) PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 43 1 ‘‘(A) LOW-VOLUME 2 term ‘low-volume manufacturer’ means a motor 3 vehicle manufacturer, other than a person who 4 is registered as an importer under section 5 30141 of this title, whose annual worldwide 6 production is not more than 5,000 motor vehi- 7 cles. 8 ‘‘(B) REPLICA MOTOR VEHICLE.—The 9 term ‘replica motor vehicle’ means a motor ve- 10 hicle produced by a low-volume manufacturer 11 and that— 12 ‘‘(i) is intended to resemble the body 13 of another motor vehicle that was manu- 14 factured not less than 25 years before the 15 manufacture of the replica motor vehicle; 16 and 17 ‘‘(ii) is manufactured under a license 18 for the product configuration, trade dress, 19 trademark, or patent, for the motor vehicle 20 that is intended to be replicated from the 21 original manufacturer, its successors or as- 22 signees, or current owner of such product 23 configuration, trade dress, trademark, or 24 patent rights.’’. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 MANUFACTURER.—The 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 44 1 2 (b) VEHICLE EMISSION COMPLIANCE STANDARDS FOR LOW-VOLUME MOTOR VEHICLE MANUFACTURERS.— 3 Part A of title II of the Clean Air Act (42 U.S.C. 7521 4 et seq.) is amended— 5 (1) in section 206(a) by adding at the end the 6 following new paragraph: 7 ‘‘(5)(A) A motor vehicle engine (including all engine 8 emission controls) from a motor vehicle that has been 9 granted a certificate of conformity by the Administrator 10 for the model year in which the motor vehicle is assembled, 11 or a motor vehicle engine that has been granted an Execu12 tive order subject to regulations promulgated by the Cali13 fornia Air Resources Board for the model year in which 14 the motor vehicle is assembled, may be installed in an ex15 empted specially produced motor vehicle, if— 16 ‘‘(i) the manufacturer of the engine supplies 17 written instructions explaining how to install the en- 18 gine and maintain functionality of the engine’s emis- 19 sion control system and the on-board diagnostic sys- 20 tem (commonly known as ‘OBD II’), except with re- 21 spect to evaporative emissions diagnostics; 22 ‘‘(ii) the manufacturer of the exempted specially 23 produced motor vehicle installs the engine in accord- 24 ance with such instructions; and f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 45 1 ‘‘(iii) the installation instructions include emis- 2 sion control warranty information from the engine 3 manufacturer in compliance with section 207, in- 4 cluding where warranty repairs can be made, emis- 5 sion control labels to be affixed to the vehicle, and 6 the certificate of conformity number for the applica- 7 ble vehicle in which the engine was originally in- 8 tended or the applicable Executive order number for 9 the engine. 10 ‘‘(B) A motor vehicle containing an engine compliant 11 with the requirements of subparagraph (A) shall be treat12 ed as meeting the requirements of section 202 applicable 13 to new vehicles manufactured or imported in the model 14 year in which the exempted specially produced motor vehi15 cle is assembled. 16 ‘‘(C) Engine installations that are not performed in 17 accordance with installation instructions provided by the 18 manufacturer and alterations to the engine not in accord19 ance with the installation instructions shall— 20 21 ‘‘(i) be treated as prohibited acts by the installer under section 203; and 22 ‘‘(ii) subject to civil penalties under the first 23 and third sentences of section 205(a), civil actions 24 under section 205(b), and administrative assessment 25 of penalties under section 205(c). f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 46 1 ‘‘(D) The manufacturer of an exempted specially pro- 2 duced motor vehicle that has an engine compliant with the 3 requirements of subparagraph (A) shall provide to the 4 purchaser of such vehicle all information received by the 5 manufacturer from the engine manufacturer, including in6 formation regarding emissions warranties from the engine 7 manufacturer and all emissions-related recalls by the en8 gine manufacturer. 9 ‘‘(E) To qualify to install an engine under this para- 10 graph, a manufacturer of exempted specially produced 11 motor vehicles shall register with the Administrator at 12 such time and in such manner as the Administrator deter13 mines appropriate. The manufacturer shall submit an an14 nual report to the Administrator that includes— 15 ‘‘(i) a description of the exempted specially pro- 16 duced motor vehicles and engines installed in such 17 vehicles; and 18 ‘‘(ii) the certificate of conformity number issued 19 to the motor vehicle in which the engine was origi- 20 nally intended or the applicable Executive order 21 number for the engine. 22 ‘‘(F) Exempted specially produced motor vehicles 23 compliant with this paragraph shall be exempted from— 24 25 ‘‘(i) motor vehicle certification testing under this section; and f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 47 1 ‘‘(ii) vehicle emission control inspection and 2 maintenance programs required under section 110. 3 ‘‘(G) A person engaged in the manufacturing or as- 4 sembling of exempted specially produced motor vehicles 5 shall not be treated as a manufacturer for purposes of this 6 Act by virtue of such manufacturing or assembling, so 7 long as such person complies with subparagraphs (A) 8 through (E).’’; and 9 10 (2) in section 216 by adding at the end the following new paragraph: 11 ‘‘(12) EXEMPTED SPECIALLY PRODUCED 12 MOTOR 13 produced motor vehicle’ means a replica motor vehi- 14 cle that is exempt from specified standards pursuant 15 to section 30114(b) of title 49, United States 16 Code.’’. 17 (c) IMPLEMENTATION.—Not later than 12 months VEHICLE.—The term ‘exempted specially 18 after the date of enactment of this Act, the Secretary of 19 Transportation and the Administrator of the Environ20 mental Protection Agency shall issue such regulations as 21 may be necessary to implement the amendments made by 22 subsections (a) and (b), respectively. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 48 1 SEC. 406. NO LIABILITY ON THE BASIS OF NHTSA MOTOR 2 VEHICLE SAFETY GUIDELINES. 3 Section 30111 of title 49, United States Code, is 4 amended by adding at the end the following new sub5 section: 6 7 ‘‘(f) NO LIABILITY CLE ON THE BASIS SAFETY GUIDELINES ISSUED OF BY THE MOTOR VEHISECRETARY.— 8 (1) No guidelines issued by the Secretary with respect to 9 motor vehicle safety shall provide a basis for or evidence 10 of liability in any action against a defendant whose prac11 tices are alleged to be inconsistent with such guidelines. 12 A person who is subject to any such guidelines may use 13 an alternative approach to that set forth in such guidelines 14 that complies with any requirement in a provision of this 15 subtitle, a motor vehicle safety standard issued under this 16 subtitle, or another relevant statute or regulation. 17 ‘‘(2) No such guidelines shall confer any rights on 18 any person nor shall operate to bind the Secretary or any 19 person who is subject to such guidelines to the approach 20 recommended in such guidelines. In any enforcement ac21 tion with respect to motor vehicle safety, the Secretary 22 must prove a violation of a provision of this subtitle, a 23 motor vehicle safety standard issued under this subtitle, 24 or another relevant statute or regulation. The Secretary 25 may not build a case against or negotiate a consent order 26 with any person based in whole or in part on practices f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 49 1 of the person that are alleged to be inconsistent with any 2 such guidelines. 3 ‘‘(3) A defendant may use compliance with any such 4 guidelines as evidence of compliance with the provision of 5 this subtitle, motor vehicle safety standard issued under 6 this subtitle, or other statute or regulation under which 7 such guidelines were developed.’’. TITLE V—ADVANCED AUTOMOTIVE TECHNOLOGIES 8 9 10 SEC. 501. METRICS FOR ADVANCED AUTOMOTIVE TECH- 11 NOLOGIES. 12 (a) IN GENERAL.—Part C of subtitle VI of title 49, 13 United States Code, is amended by inserting after chapter 14 327 the following new chapter: 15 ‘‘CHAPTER 328—ADVANCED AUTOMOTIVE 16 TECHNOLOGIES ‘‘Sec. ‘‘32801. Definitions. ‘‘32802. Metrics for advanced automotive technologies. 17 ‘‘§ 32801. Definitions 18 ‘‘In this chapter: 19 ‘‘(1) ADVANCED TECHNOLOGY; 20 CONNECTED 21 ‘advanced automotive technology’ and ‘connected ve- 22 hicle technology’ have the meanings given those 23 terms in section 32920. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 AUTOMOTIVE 10:32 Oct 13, 2015 Jkt 000000 VEHICLE TECHNOLOGY.—The terms (614553 18) PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 50 1 ‘‘(2) MANUFACTURER; MOTOR VEHICLE.—The 2 terms ‘manufacturer’ and ‘motor vehicle’ have the 3 meanings given those terms in section 30102. 4 ‘‘§ 32802. Metrics for advanced automotive tech5 nologies 6 7 ‘‘(a) ADVANCED AUTOMOTIVE TECHNOLOGY ADVISORY COMMITTEE.— 8 ‘‘(1) ESTABLISHMENT.—Not later than 1 year 9 after the date of enactment of this chapter, the Sec- 10 retary of Transportation shall establish an Advanced 11 Automotive Technology Advisory Committee (in this 12 chapter referred to as the ‘Committee’) to develop 13 safety performance metrics for advanced automotive 14 technologies and connected vehicle technologies origi- 15 nally installed in motor vehicles. 16 ‘‘(2) NOTICE later than 30 17 days after the date of enactment of this chapter, the 18 Secretary shall issue a notice of intent to open a 19 proceeding establishing the Committee. This notice 20 shall be published in the Federal Register and on a 21 website maintained by the Secretary. 22 ‘‘(3) PROCEEDING AND APPOINTMENT OF MEM- 23 BERS.—Not 24 intent is published pursuant to paragraph (2), the 25 Secretary shall formally open a proceeding to estab- f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 OF INTENT.—Not 10:32 Oct 13, 2015 Jkt 000000 later than 60 days after the notice of (614553 18) PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 51 1 lish the Committee and appoint members of the 2 Committee as set forth in paragraph (4). 3 ‘‘(4) MEMBERSHIP.—The Committee shall be 4 comprised of the National Highway Traffic Safety 5 Administration and representatives from manufac- 6 turers of motor vehicles for sale in the United 7 States, standards setting bodies including the Inter- 8 national Organization of Standards and SAE Inter- 9 national, and any others as determined by the Sec- 10 retary. 11 ‘‘(b) DEVELOPMENT OF SAFETY PERFORMANCE 12 METRICS.— 13 ‘‘(1) IN Committee shall de- 14 velop safety performance metrics for any advanced 15 automotive technology or connected vehicle tech- 16 nology that is original equipment in at least 15 per- 17 cent of the motor vehicle fleet for sale in the United 18 States by any manufacturer of motor vehicles. The 19 Secretary shall publish any safety performance 20 metrics developed by the Committee in the Federal 21 Register and otherwise provide public notice of such 22 metrics in such manner as determined by the Sec- 23 retary. 24 25 ‘‘(2) TEST 10:32 Oct 13, 2015 PROCEDURES REQUIRED.—Each safety performance metric developed pursuant to f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 GENERAL.—The Jkt 000000 (614553 18) PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 52 1 paragraph (1) for an advanced automotive tech- 2 nology or connected vehicle technology shall include 3 a corresponding test procedure developed by the 4 Committee to be utilized to determine if the tech- 5 nology meets the established safety performance 6 metric. Each test procedure shall be made publicly 7 available on a website maintained by the Secretary. 8 ‘‘(3) SAFETY Secretary shall as- 9 sign a safety rating under the New Car Assessment 10 Program for each advanced automotive technology 11 or connected vehicle technology that has an estab- 12 lished safety performance metric and corresponding 13 test procedure. 14 ‘‘(c) LABEL REQUIREMENTS.— 15 ‘‘(1) IN GENERAL.—The safety rating for any 16 advanced automotive technology or connected vehicle 17 technology that has been installed as original equip- 18 ment in a new motor vehicle shall be added to the 19 label according to label requirements set forth in the 20 Automobile Information Disclosure Act (15 U.S.C. 21 1231 et seq.) if the Secretary determines that at 22 least 35 percent of new motor vehicles marketed and 23 sold in the United States are equipped with the tech- 24 nology as original equipment. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 RATING.—The 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 53 1 ‘‘(2) MOTOR 2 AN 3 new motor vehicle does not have an advanced auto- 4 motive technology or connected vehicle technology 5 following the determination made by the Secretary 6 in paragraph (1), the manufacturer shall identify on 7 the label described in such paragraph that the vehi- 8 cle is not equipped with the technology in such man- 9 ner as determined by the Secretary. 10 ADVANCED AUTOMOTIVE ‘‘(3) ADVANCED TECHNOLOGY.—If a AUTOMOTIVE TECHNOLOGIES 11 THAT DO NOT HAVE PUBLISHED OR RELEASED PER- 12 FORMANCE METRICS, TEST PROCEDURES, OR SAFE- 13 TY RATINGS.—If 14 or connected vehicle technology that is installed as 15 part of the motor vehicle’s original equipment does 16 not have a formally published or released perform- 17 ance metric, test procedure, or safety rating, the 18 Secretary shall require that the technology be listed 19 on the label described in paragraph (1) as a special 20 feature of the motor vehicle until a performance 21 metric, test procedure, and safety rating is developed 22 for the technology and at least 35 percent of all new 23 motor vehicles marketed or sold in the United States 24 are equipped with the technology as original equip- 25 ment. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 VEHICLES THAT DO NOT CONTAIN 10:32 Oct 13, 2015 Jkt 000000 an advanced automotive technology (614553 18) PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 54 1 ‘‘(4) REMOVAL FROM LABEL.—If the Secretary 2 determines that more than 85 percent of new motor 3 vehicles contain a particular advanced automotive 4 technology or connected vehicle technology installed 5 as original equipment, the Secretary may require 6 that the technology safety rating be eliminated from 7 the label described in paragraph (1).’’. 8 (b) CLERICAL AMENDMENT.—The analysis of sub- 9 title VI of title 49, United States Code, is amended by 10 inserting after the item relating to chapter 327 the fol11 lowing: ‘‘328. Advanced Automotive Technologies ............................................... 32801’’. 12 SEC. 502. CREDITS FOR ADVANCED AUTOMOTIVE TECH- 13 14 NOLOGY. (a) IN GENERAL.— 15 (1) CREDITS.—Section 202(a) of the Clean Air 16 Act (42 U.S.C. 7521(a)) is amended by adding at 17 the end the following: 18 19 ‘‘(7) CREDITS ADVANCED AUTOMOTIVE TECHNOLOGY.— 20 ‘‘(A) APPLICABILITY.—This paragraph ap- 21 plies with respect to any light-duty vehicle, 22 light-duty truck, or medium-duty passenger ve- 23 hicle that is— 24 ‘‘(i) manufactured after model year 25 2018; and f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 FOR 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 55 1 ‘‘(ii) equipped with (as original equip- 2 ment)— 3 ‘‘(I) at least three advanced auto- 4 motive technologies; or 5 ‘‘(II) one connected vehicle tech- 6 nology. 7 ‘‘(B) CREDITS.—Any greenhouse gas emis- 8 sions standards promulgated under paragraph 9 (1) for a light-duty vehicle, light-duty truck, or 10 medium-duty passenger vehicle shall provide a 11 credit of— 12 ‘‘(i) 3 or more grams per mile (as de- 13 termined by the Administrator) of green- 14 house gas emissions for any vehicle de- 15 scribed in subparagraph (A) with at least 16 three advanced automotive technologies in- 17 stalled as original equipment; and 18 ‘‘(ii) 6 or more grams per mile (as de- 19 termined by the Administrator) of green- 20 house gas emissions for any vehicle de- 21 scribed in subparagraph (A) with a con- 22 nected vehicle technology installed as origi- 23 nal equipment. 24 ‘‘(C) 25 10:32 Oct 13, 2015 Administrator may not take the installation or noninstallation f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 LIMITATION.—The Jkt 000000 (614553 18) PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 56 1 of any advanced automotive technology or con- 2 nected vehicle technology into account for any 3 purpose other than providing credits pursuant 4 to subparagraph (B). 5 ‘‘(D) PERIODIC 6 GRAMS PER MILE.—Not 7 calendar year 2026, and biennially thereafter, 8 the Administrator shall— later than the end of 9 ‘‘(i) review the number of grams per 10 mile of greenhouse gas emissions being 11 given as credits under clauses (i) and (ii) 12 of subparagraph (B) to determine whether 13 (and if so to what extent) the Adminis- 14 trator will exercise the authority vested by 15 such clauses to change such number; and 16 ‘‘(ii) submit a report to the Congress 17 on the results of such review and deter- 18 mination. 19 ‘‘(E) DEFINITIONS.—In this paragraph: 20 ‘‘(i) The term ‘advanced automotive 21 technology’ has the meaning given to such 22 term in section 32920(a)(1) of title 49, 23 United States Code. 24 ‘‘(ii) The term ‘connected vehicle tech- 25 nology’ has the meaning given to such f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 REVIEW OF NUMBER OF 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 57 1 term in section 32920(a)(2) of title 49, 2 United States Code. 3 ‘‘(iii) The term ‘medium-duty pas- 4 senger vehicle’ means a medium-duty pas- 5 senger vehicle as such term is used in the 6 final rules entitled ‘Greenhouse Gas Emis- 7 sions 8 Standards for Medium- and Heavy-Duty 9 Engines and Vehicles’ published in the 10 Federal Register by the Environmental 11 Protection Agency and National Highway 12 Traffic Safety Administration on Sep- 13 tember 15, 2011 (76 Fed. Reg. 57106) 14 (including any successor regulations).’’. 15 (2) Standards CONFORMING and Fuel Efficiency AMENDMENTS.—Section 16 202(a)(6) of the Clean Air Act (42 U.S.C. 17 7521(a)(6)) is amended— 18 (A) by striking ‘‘Within 1 year’’ and in- 19 serting the following: 20 ‘‘(A) Within 1 year’’; and 21 (B) by striking ‘‘The standards shall re- 22 quire’’ and inserting the following: 23 ‘‘(B) The standards shall require’’. 24 (b) STATE STANDARDS.—Section 209(b) of the Clean 25 Air Act (42 U.S.C. 7543(b)) is amended— f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 58 1 (1) in paragraph (1)— 2 (A) in subparagraph (B), by striking ‘‘or’’ 3 at the end; 4 (B) in subparagraph (C), by striking the 5 period at the end and inserting ‘‘, or’’; and 6 (C) by adding at the end the following: 7 ‘‘(D) such State is not applying credits to the 8 full extent set forth in section 202(a)(7).’’; and 9 (2) by adding at the end the following: 10 ‘‘(4) If the National Highway Traffic Safety 11 Administration publishes in the Federal Register a 12 safety performance metric for an advanced auto- 13 motive technology or connected vehicle technology 14 (as such terms are defined in section 202(a)(7)(D)) 15 pursuant to section 32802(b)(1) of title 49, United 16 States Code, while a waiver is in effect with respect 17 to a State under this subsection, and such State 18 does not revise its standard under section 202(a)(1) 19 as described in section 202(a)(7) within 30 days 20 after the safety performance metric is formally pub- 21 lished, the waiver for such State under this sub- 22 section shall cease to apply.’’. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 59 1 SEC. 503. FUEL ECONOMY CREDITS FOR ADVANCED AUTO- 2 3 MOTIVE TECHNOLOGIES. (a) IN GENERAL.—Chapter 329 of title 49, United 4 States Code, is amended by adding at the end the fol5 lowing new section: 6 ‘‘§ 32920. Fuel economy credits for advanced auto7 motive technologies 8 ‘‘(a) DEFINITIONS.—In this section: 9 ‘‘(1) ADVANCED 10 The term ‘advanced automotive technology’ means 11 any vehicle information system, unit, device, or tech- 12 nology that meets any applicable performance metric 13 and demonstrates crash avoidance or congestion 14 mitigation benefits such as any of the following tech- 15 nologies: 16 ‘‘(A) Forward collision warning. 17 ‘‘(B) Adaptive brake assist. 18 ‘‘(C) Autonomous emergency braking. 19 ‘‘(D) Adaptive cruise control. 20 ‘‘(E) Lane departure warnings. 21 ‘‘(F) Lane keeping assistance. 22 ‘‘(G) Driver attention monitor. 23 ‘‘(H) Left turn assist. 24 ‘‘(I) Intersection movement assist. 25 26 ‘‘(2) CONNECTED 10:32 Oct 13, 2015 VEHICLE TECHNOLOGY.—The term ‘connected vehicle technology’ means a dedi- f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 AUTOMOTIVE TECHNOLOGY.— Jkt 000000 (614553 18) PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 60 1 cated short-range communications device that meets 2 applicable performance metrics as defined by the 3 Advanced Automotive Technology Advisory Com- 4 mittee established under section 32802 and operates 5 at 5.9 GHz for the purpose of sending safety mes- 6 sages between motor vehicles. 7 ‘‘(b) CREDITS 8 NOLOGY.—For FOR ADVANCED AUTOMOTIVE TECH- any model or models of automobiles manu- 9 factured by a manufacturer after model year 2018 and 10 equipped with three or more advanced automotive tech11 nologies or one connected vehicle technology as original 12 equipment, the calculation of the average fuel economy for 13 all categories of automobiles encompassing such model or 14 models shall be adjusted in accordance with the method15 ology set forth in section 600.510–12 of title 40, Code of 16 Federal Regulations, so as to provide fuel economy credits 17 for advanced automotive technology and connected vehicle 18 technology with a formally published safety metric that 19 are equivalent to the carbon-related exhaust emission cred20 its set forth in section 202(a)(7) of the Clean Air Act (42 21 U.S.C. 7521(a)(7)). 22 ‘‘(c) AUTHORITY TO ADD ADDITIONAL ADVANCED 23 AUTOMOTIVE TECHNOLOGIES 24 APPROPRIATE LEVEL 25 NOLOGIES.—Any f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 OF AND TO CREDITS DETERMINE FOR THE SUCH TECH- interested person may petition the Sec- (614553 18) PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 61 1 retary of Transportation to promulgate a rule adding an 2 advanced automotive technology to the definition set forth 3 in subsection (a)(1). If the Secretary promulgates such a 4 rule, the Secretary shall, in consultation with the Adminis5 trator of the Environmental Protection Agency, determine 6 the appropriate level of greenhouse gas credits and fuel 7 economy credits necessary to incentivize the implementa8 tion of the additional advanced automotive technology. 9 The Secretary shall ensure that the calculations referenced 10 in subsection (b) shall provide an equivalent amount of 11 fuel economy credit for the added advanced automotive 12 technology. The Secretary shall determine the appropriate 13 fuel economy credit for any such additional advanced auto14 motive technology based on the relative contribution of any 15 such additional advanced automotive technology to crash 16 avoidance or congestion mitigation. 17 ‘‘(d) PERIODIC REVIEW.—Not later than the end of 18 calendar year 2026, and biennially thereafter, the Sec19 retary shall— 20 ‘‘(1) in coordination with the Administrator of 21 the Environmental Protection Agency, review the 22 methodology for providing fuel economy credits for 23 advanced automotive technology and connected vehi- 24 cle technology under subsection (b) that are equiva- 25 lent to the carbon-related exhaust emission credits f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X [Discussion Draft] F:\SLW\SLW_217.XML 62 1 set forth in section 202(a)(7) of the Clean Air Act 2 and make determinations on and adjustments to 3 such credits accordingly; and 4 ‘‘(2) submit to Congress a report on the results 5 of such review, determinations, and adjustments.’’. 6 (b) CONFORMING AMENDMENT.—Section 7 32902(h)(3) of title 49, United States Code, is amended 8 by inserting before the period at the end the following: 9 ‘‘or credits under section 32920’’. 10 (c) CLERICAL AMENDMENT.—The table of sections 11 for chapter 329 of title 49, United States Code, is amend12 ed by adding at the end the following: ‘‘32920. Fuel economy credits for advanced automotive technologies.’’. f:\VHLC\101315\101315.010.xml October 13, 2015 (10:32 a.m.) VerDate Nov 24 2008 10:32 Oct 13, 2015 Jkt 000000 (614553 18) PO 00000 Frm 00062 Fmt 6652 Sfmt 6211 C:\USERS\SLWALKER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SLW_217.X