,i #aacth ,,congress #b;d ,session ,h4 ,r4 #efed ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjad ,ms4 ,schakowsky 7for herself1 ,mr4 ,waxman1 ,mr4 ,butterfield1 ,ms4 ,de,gette1 ,mr4 ,pallone1 ,mr4 ,rush1 and ,mr4 ,tonko7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to provide for increased and improved public access to motor vehicle safety information1 enhanced tools and accountability for the ,national ,highway ,traffic ,safety ,administration1 and protection of motor vehicle consumers1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,vehicle ,safety ,improvement ,act of #bjad4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definition of ,secretary4 ,title ,i--,increased and ,improved ,public ,access to ,information ,sec4 #aja4 ,increased public availability of vehicle safety information4 ,sec4 #ajb4 ,improved vehicle safety databases4 ,title ,,ii--,enhanced ,agency ,tools and ,accountability ,sec4 #bja4 ,civil penalties4 ,sec4 #bjb4 ,early warning reporting requirements4 ,sec4 #bjc4 ,administrative accountability4 ,sec4 #bjd4 ,imminent hazard authority4 ,sec4 #bje4 ,cooperation with foreign governments4 ,sec4 #bjf4 ,pedestrian safety improvement4 ,sec4 #bjg4 ,regional recalls limitation4 ,title ,,iii--,consumer ,protection ,sec4 #cja4 ,limitation on sale or lease of used motor vehicles4 ,sec4 #cjb4 ,retention of safety records by manufacturers4 ,sec4 #cjc4 ,recall obligations under bankruptcy4 ,title ,,iv--,additional ,provision ,sec4 #dja4 ,deadlines4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,transportation1 acting through the ,administrator of the ,national ,highway ,traffic ,safety ,administration4 ,i ,increased and ,improved ,public ,access to ,information #aja4 ,increased public availability of vehicle safety information 7a7 ,manufacturer communications 7#a7 ,in general ,section #cjaff7;f7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,subject to paragraph 7#d7 and notwithstanding any other provision of law1 a manufacturer shall give the ,secretary of ,transportation1 and the ,secretary shall make available on a publicly accessible ,internet website1 a true or representative copy of each communication to the manufacturer's dealers or to owners or purchasers of a motor vehicle or replacement equipment produced by the manufacturer regarding-- 7,a7 any defect in its vehicles or equipment 7including any failure or malfunction beyond normal deterioration in use1 or any failure of performance1 or any flaw or unintended deviation from design specifications71 whether or not such defect is safety-related2 or 7,b7 any noncompliance with a motor vehicle safety standard prescribed under this chapter in a vehicle or equipment that is sold or serviced4 7#b7 ,types of communications ,the communications described in paragraph 7#a7 shall include-- 7,a7 all notices1 bulletins1 and other communications1 other than those required to be submitted pursuant to paragraph 7c77#aj7 of section #egc4f of title #di1 ,code of ,federal ,regulations1 sent to more than one manufacturer1 distributor1 dealer1 lessor1 lessee1 owner1 or purchaser1 in the ,united ,states2 and 7,b7 those communications relating to a customer satisfaction campaign1 consumer advisory1 recall1 or other safety activity involving the repair or replacement of motor vehicles or equipment1 that the manufacturer issued to1 or made available to1 more than one dealer1 distributor1 lessor1 lessee1 other manufacturer1 owner1 or purchaser1 in the ,united ,states4 2 and 7,c7 by adding at the end the following3 7#d7 ,exception ,notwithstanding paragraph 7#a71 the ,secretary shall not be required to make copies of communications available that are manifestly not related to motor vehicle safety4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply to communications given to the ,secretary pursuant to paragraph 7#a7 of section #cjaff7;f7 of title #di1 ,united ,states ,code1 as amended by such paragraph1 starting #a year after the date of enactment of this ,act4 7b7 ,early warning data 7#a7 ,in general ,section #cjaff7m77#d7 of title #di1 ,united ,states ,code1 is amended by striking subparagraph 7,c7 and inserting the following3 7,c7 ,disclosure ,the information provided to the ,secretary pursuant to this subsection shall be disclosed publicly unless exempt from disclosure under section #eeb7;b7 of title #e4 4 7#b7 ,rule ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall issue a final rule establishing categories of information provided to the ,secretary pursuant to section #cjaff7m7 of title #di1 ,united ,states ,code1 that must be made available to the public4 ,the ,secretary may establish categories of information that the ,secretary determines are exempt from public disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code4 7#c7 ,consultation ,in conducting the rulemaking required under paragraph 7#b71 the ,secretary shall consult with the ,director of the ,office of ,government ,information ,services within the ,national ,archives and the ,director of the ,office of ,information ,policy of the ,department of ,justice4 7#d7 ,presumption and ,limitation ,the ,secretary shall issue the regulations with a presumption in favor of maximum public availability of information1 including information contained in field reports submitted to the ,secretary4 ,in issuing regulations under paragraph 7#b71 the following types of information shall presumptively not be eligible for protection under section #eeb7;b7 of title #e1 ,united ,states ,code3 7,a7 ,vehicle safety defect or noncompliance information related to an incident or incidents involving death or injury4 7,b7 ,aggregated numbers of property damage claims4 7,c7 ,aggregated numbers of consumer complaints related to potential vehicle defects4 7#e7 ,nullification of ,prior ,regulations ,upon the effective date of a final rule issued under paragraph 7#b71 the regulations establishing early warning reporting class determinations in ,appendix ,c of part #eab of title #di1 ,code of ,federal ,regulations1 shall have no force or effect4 7c7 ,death ,inquiries ,not later than #a year after the date of enactment of this ,act1 and every #f months thereafter1 the ,secretary shall compile1 and make available on a publicly accessible ,internet website for a period of not less than #aj years1 summaries of written communications sent by the ,secretary to a manufacturer during the preceding #f-month period requesting additional information about fatal incidents reported under section #cjaff7m7 of such title4 ,each such summary shall include1 at a minimum1 the following3 7#a7 ,the manufacturer4 7#b7 ,any vehicle or equipment make1 model name1 and model year about which the ,secretary has inquired4 7#c7 ,any vehicle system or component about which the ,secretary has inquired4 7#d7 ,the date of the written communication and the date by which a response must be submitted by the manufacturer4 7#e7 ,the number of incidents about which the ,secretary has inquired1 and the earliest and latest quarters during which such incidents were reported to the ,secretary4 #ajb4 ,improved vehicle safety databases ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall increase public accessibility to information on the ,national ,highway ,traffic ,safety ,administration's vehicle safety databases by-- 7#a7 improving organization and functionality1 including modern web design features1 and allowing for data to be searched1 aggregated1 and downloaded2 7#b7 providing greater consistency in presentation of vehicle safety issues2 7#c7 improving searchability about specific vehicles and issues through standardization of commonly used search terms and the integration of databases to enable all to be simultaneously searched using the same keyword search function2 and 7#d7 improving the publicly accessible early warning database1 by-- 7,a7 enabling users to search for incidents across multiple reporting periods for a given make and model name1 model year1 or type of potential defect2 7,b7 ensuring that search results1 in addition to being downloadable1 are sortable within an ,internet browser by make1 model name1 model year1 ,state or foreign country of the incident1 number of deaths1 number of injuries1 date of the incident1 and type of potential defect2 and 7,c7 developing a clear1 organized1 and searchable method by which the public can access information made available by the ,secretary that is reported under clause 7ii7 of section #cjaff7m77#c77;,c7 of title #di1 ,united ,states ,code1 as amended by this ,act4 ,,ii ,enhanced ,agency ,tools and ,accountability #bja4 ,civil penalties 7a7 ,in general ,section #cjafe of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in the first sentence by striking #e1jjj and inserting #be1jjj2 and 7,b7 by striking the third sentence2 and 7#b7 in subsection 7a77#c7-- 7,a7 in the second sentence by striking #e1jjj and inserting #be1jjj2 and 7,b7 by striking the third sentence4 7b7 ,construction ,nothing in the amendments made by this section shall be construed as preventing the imposition of penalties under section #cjafe of title #di1 ,united ,states ,code1 prior to the issuance of a final rule under section #cabjc7;b7 of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#di ,u4,s4,c4 #cjafe note74 #bjb4 ,early warning reporting requirements 7a7 ,in general ,section #cjaff7m7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c77;,a71 by striking clause 7ii7 and inserting the following3 7ii7 customer satisfaction campaigns1 customer advisories1 recalls1 consumer complaints1 warranty claims1 field reports1 or other activity involving the repair or replacement of motor vehicles or motor vehicle equipment4 2 and 7#b7 in paragraph 7#d71 by striking subparagraph 7,b7 and redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,b7 and 7,c71 respectively4 7b7 ,information on fatal incidents ,section #cjaff7m77#c77;,c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the manufacturer and inserting the following3 7i7 ,in general ,the manufacturer 2 and 7#b7 by adding at the end the following3 7ii7 ,fatal incidents ,if an incident described in clause 7i7 involves one or more deaths1 the manufacturer shall report to the ,secretary1 in such manner as the ,secretary establishes by regulation-- 7,i7 all initial claims or notice documents that notified the manufacturer of the incident2 7,,ii7 all investigative documents prepared by any local1 ,state1 or ,federal government agency or personnel related to the incident1 including photographs1 police reports1 cause and origin reports1 or other documents describing or reconstructing the incident2 7,,iii7 any amendments or supplements to the documents described in subclause 7,i71 except for-- 7aa7 medical documents and bills2 7bb7 property damage invoices or estimates2 and 7cc7 documents related to quantification of damages2 and 7,,iv7 the manufacturer's assessment of the circumstances that led to the incident1 including the manufacturer's analysis of the claims or notices regarding allegations of a defect4 7iii7 ,limitation ,the regulations promulgated by the ,secretary under clause 7ii7 may not require a manufacturer to submit records respecting information described in subclause 7,,ii7 of such clause that is not in the possession of the manufacturer4 4 7c7 ,component categories 7#a7 ,commencement ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall commence a rulemaking proceeding to amend the system and component categories required to be used in early warning reports on light vehicles submitted pursuant to section #egi4ba of title #di1 ,code of ,federal ,regulations4 ,in issuing rules under this subsection1 the ,secretary shall1 to the extent each may assist in the identification of defects related to motor vehicle safety1 maximize-- 7,a7 interoperability between the early warning reporting database and the publicly available consumer complaint database1 by ensuring that the amended set of categories established by rule are the same as those available to vehicle owners or lessees reporting safety issues to the publicly available consumer complaint database2 7,b7 precision1 including by dividing categories that are imprecise and adding new categories that identify specific vehicle equipment not previously represented2 and 7,c7 organization and ease of use1 including by housing categories pertaining to specific items of equipment within more general vehicle safety categories and operating systems4 7#b7 ,final rule ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall issue a final rule pursuant to paragraph 7#a74 7d7 ,standardization of manufacturer reporting practices 7#a7 ,review 7,a7 ,in general ,not later than #d years after the date of enactment of this ,act1 the ,secretary shall complete a comprehensive review of individual light vehicle manufacturers' practices for reporting to the ,secretary incidents involving death or injury pursuant to section #egi4ba of title #di1 ,code of ,federal ,regulations4 7,b7 ,components ,the review conducted under subparagraph 7,a7 shall-- 7i7 identify the major differences among such manufacturers' reporting practices2 7ii7 identify the extent to which such manufacturers report precisely the information required under subsection 7b7 of section #egi4ba of title #di1 ,code of ,federal ,regulations1 or1 alternatively1 report additional information under such subsection2 7iii7 identify the types and sources of additional information1 as described in clause 7ii71 that manufacturers report to the ,secretary2 7iv7 assess and explain the extent to which differing reporting practices hinder the ability of the ,national ,highway ,traffic ,safety ,administration to compare a manufacturer's data for vehicles or equipment to the data of another manufacturer's vehicles or equipment1 all peer vehicles or equipment1 or the entire ,united ,states population of vehicles or equipment1 or to data on vehicles or equipment submitted to the ,secretary by a vehicle owner or lessee2 and 7v7 determine1 based on findings under clause 7iv71 whether differences among individual light vehicle manufacturers' practices for reporting to the ,secretary incidents involving death or injury pursuant to section #egi4ba of title #di1 ,code of ,federal ,regulations1 are detrimental to the identification of defects related to motor vehicle safety in motor vehicles and motor vehicle equipment in the ,united ,states4 7#b7 ,guidelines ,if the ,secretary makes an affirmative determination under clause 7v7 of paragraph 7#a77;,b71 the ,secretary may issue guidelines for the standardization of reporting practices described in such clause4 7e7 ,report on ,manufacturer ,compliance with ,early ,warning ,reporting ,requirements ,not later than #a year after the date of enactment of this ,act1 the ,inspector ,general of the ,department of ,transportation shall-- 7#a7 review the ,national ,highway ,traffic ,safety ,administration's policies1 procedures1 and practices intended to ensure that manufacturers subject to the early warning reporting requirements of section #cjaff7m7 of title #di1 ,united ,states ,code1 and subpart ,c of part #egi of title #di1 ,code of ,federal ,regulations1 submit all required information in full and without delay2 7#b7 assess the extent to which key agency and manufacturer employees are aware of and understand such policies1 procedures1 and practices2 7#c7 assess the extent to which manufacturers submit all required information in full and without delay2 and 7#d7 submit a report to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate that contains the ,inspector ,general's findings1 conclusions1 and recommendations for formalizing or strengthening agency policies1 procedures1 and practices in order to ensure timely and complete reporting of early warning data4 #bjc4 ,administrative accountability 7a7 ,petitions for ,standards and ,enforcement 7#a7 ,missed deadlines ,section #cjafb7;d7 of title #di1 ,united ,states ,code1 is amended by inserting at the end the following3 ,if the ,secretary fails to grant or deny a petition within the #abj-;day period1 the ,secretary shall promptly publish in the ,federal ,register an explanation for missing the deadline and a projected date by which the ,secretary will decide whether to grant the petition4 ,on ,february #a and ,august #a of each year1 the ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a letter listing each deadline the ,secretary missed under this subsection during the #f-month period ending on such date1 explaining why the ,secretary missed the deadline1 and describing any investigations1 proceedings1 or actions related to the relevant petition that the ,secretary has conducted or taken since the petition was filed44 7#b7 ,appeal of defect petition rejection ,section #cjafb of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 7e7 ,judicial ,review ,a decision of the ,secretary to deny a petition filed under subsection 7a77#b7 is agency action subject to judicial review under chapter #g of title #e1 and such action shall not be considered committed to agency discretion within the meaning of section #gja7;a77#b7 of such title4 ,a person aggrieved by the denial of a petition may obtain judicial review by filing an action in the court of appeals of the ,united ,states for the circuit in which the person resides or has its principal place of business or the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit not more than #ahj days after notice of the denial of the petition is published in the ,federal ,register4 4 7b7 ,information ,provided by ,whistleblowers 7#a7 ,in general ,subchapter ,,iv of chapter #cja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cjagb4 ,review of information provided by employees 7a7 ,definition of ,covered ,person ,in this section1 the term covered person means an employee of a manufacturer1 distributor1 part supplier1 or dealer 7or any person acting pursuant to a request of the employee or to the extent such person is engaged in collecting and analyzing information provided by one or more such employees7 who1 in good faith1 provides information to the ,secretary indicating-- 7#a7 the existence of a possible safety-related defect or noncompliance with a motor vehicle safety standard2 or 7#b7 a violation of this chapter or a regulation prescribed or order issued under this chapter4 7b7 ,review and ,evaluation ,upon receipt of motor vehicle safety information from a covered person1 the ,secretary shall review and evaluate the information promptly to determine whether a safety-related defect or noncompliance1 or a violation of this chapter or a regulation prescribed or order issued under this chapter1 exists4 7c7 ,prohibition ,the ,secretary shall not transmit or otherwise disclose any information received from a covered person to a manufacturer1 distributor1 part supplier1 or dealer1 except pursuant to a written request by1 or with the prior written consent of1 the covered person4 4 7#b7 ,report 7,a7 ,in general ,not later than #cj months after the date of enactment of this ,act1 and biennially thereafter for #f years1 the ,secretary shall complete a report on the activities of the ,national ,highway ,traffic ,safety ,administration under section #cjagb of title #di1 ,united ,states ,code1 as added by paragraph 7#a71 and1 upon completion1 shall-- 7i7 submit the report to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7ii7 publish the report in an easily accessible and downloadable electronic format4 7,b7 ,contents ,such report shall include-- 7i7 a summary of submissions by covered persons 7as defined in such section7 to the ,secretary in the #bd months preceding the submission of the report1 consisting of-- 7,i7 the total number of such submissions and the number within this total which were submitted directly by an employee described in subsection 7a7 of such section2 and 7,,ii7 the number of submissions pertaining to a possible safety-related defect or noncompliance and the number of submissions pertaining to a violation of chapter #cja of title #di1 ,united ,states ,code1 or a regulation prescribed or order issued under such chapter2 and 7ii7 a summary of actions taken and proceedings1 investigations1 or research conducted by the ,secretary in the #bd months preceding the submission of the report resulting from submissions by covered persons 7as defined in such section74 7#c7 ,conforming amendment ,the table of sections for chapter #cja of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #cjaga the following3 #cjagb4 ,review of information provided by employees4 4 #bjd4 ,imminent hazard authority ,section #cjaah of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking 7#a7 ,the ,secretary may and inserting 7#a7 ,in general4--,except as provided under paragraph 7#c71 the ,secretary may4 7,b7 in paragraph 7#b71 by inserting ,orders4-- before ,if the ,secretary2 and 7,c7 by adding after paragraph 7#b7 the following3 7#c7 ,imminent hazards 7,a7 ,decisions and orders ,if the ,secretary decides that a defect or noncompliance1 or combination of both1 under subsection 7a7 presents an imminent hazard1 the ,secretary-- 7i7 shall notify the manufacturer of the motor vehicle or replacement equipment immediately under subsection 7a72 7ii7 shall order the manufacturer of the motor vehicle or replacement equipment to immediately-- 7,i7 give notification under section #cjaai of this title to the owners1 purchasers1 and dealers of the vehicle or equipment of the imminent hazard2 and 7,,ii7 remedy the defect or noncompliance under section #cjabj of this title2 7iii7 notwithstanding section #cjaai or #cjabj1 may order the time for notification1 means of providing notification1 earliest remedy date1 and time the owner or purchaser has to present the motor vehicle or equipment1 including a tire1 for remedy2 and 7iv7 may include in an order under this subparagraph any other terms or conditions that the ,secretary determines necessary to abate the imminent hazard4 7,b7 ,opportunity for administrative review ,subsequent to the issuance of an order under subparagraph 7,a71 opportunity for administrative review shall be provided in accordance with section #eed of title #e1 except that such review shall occur not later than #aj days after issuance of such order4 7,c7 ,definition of imminent hazard ,in this paragraph1 the term imminent hazard means any condition which substantially increases the likelihood of serious injury or death if not remedied immediately4 2 and 7#b7 in subsection 7c71 by inserting or electronic mail after certified mail4 #bje4 ,cooperation with foreign governments ,section #cjahb7;b7 of title #di1 ,united ,states ,code1 is amended by inserting after paragraph 7#e7 the following3 7#f7 enter into cooperative agreements 7in coordination with the ,department of ,state7 and collaborative research and development agreements with foreign governments4 4 #bjf4 ,pedestrian safety improvement 7a7 ,rule ,not later than #b years after the date of the enactment of this ,act1 the ,secretary shall issue a final rule that-- 7#a7 establishes standards for passenger motor vehicles in order to reduce the number of injuries and fatalities suffered by pedestrians and other non-occupants who are struck by such vehicles2 and 7#b7 considers means for protecting especially vulnerable pedestrian and non-occupant populations1 including children1 older adults1 and individuals with disabilities4 7b7 ,definition of passenger motor vehicle ,in this section1 the term passenger motor vehicle means a motor vehicle 7as defined in section #cjajb7;a77#f7 of title #di1 ,united ,states ,code7 that is rated at less than #aj1jjj pounds gross vehicular weight4 ,such term does not include-- 7#a7 a motorcycle2 7#b7 a trailer2 or 7#c7 a low-speed vehicle 7as defined in section #ega4c of title #di1 ,code of ,federal ,regulations74 #bjg4 ,regional recalls limitation ,section #cjaah of title #di1 ,united ,states ,code1 is amended by adding at the end the following new subsections3 7f7 ,long-,term ,exposure to ,environmental ,conditions ,if a manufacturer of a motor vehicle or replacement equipment learns the vehicle or equipment contains a safety problem caused by long-term exposure to environmental conditions1 the manufacturer shall give notice under subsection 7c7 as if the manufacturer learned the vehicle or equipment contains a defect and decides in good faith that the defect is related to motor vehicle safety4 7g7 ,national ,orders and ,notifications ,all orders under subsection 7b77#b7 and notifications under subsection 7c7 shall be carried out on a national basis and shall not be limited to vehicles or equipment in certain ,states or territories or other geographic regions of the ,united ,states4 4 ,,iii ,consumer ,protection #cja4 ,limitation on sale or lease of used motor vehicles 7a7 ,in general ,section #cjabj of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,limitation on sale or lease of used motor vehicles 7#a7 ,a dealer may not sell or lease a used motor vehicle until-- 7,a7 the dealer clearly and conspicuously notifies the purchaser or lessee1 in writing1 of any notifications of a defect or noncompliance under section #cjaah7;b7 or section #cjaah7;c7 of this title with respect to the used motor vehicle that have not been remedied2 and 7,b7 the purchaser or lessee acknowledges1 in writing1 receipt of the notification from the dealer under subparagraph 7,a74 7#b7 ,paragraph 7#a7 shall not apply if-- 7,a7 the defect or noncompliance is remedied under section #cjabj of this title before delivery under the sale or lease2 or 7,b7 notification of the defect or noncompliance is required under section #cjaah7;b71 but enforcement of the order is set aside in a civil action to which #cjaba7;d7 applies4 7#c7 ,this subsection shall not apply to a dealer if the recall information regarding a used motor vehicle was not accessible at the time of sale or lease using the means established by the ,secretary under section #cacja of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#di ,u4,s4,c4 #cjaff note71 and was not otherwise known to and accessible to the dealer at such time4 7#d7 ,in this subsection1 notwithstanding section #cjajb7;a77#a7 of this title-- 7,a7 the term dealer means a person that has sold at least #aj motor vehicles to #a or more consumers during the prior #ab months2 and 7,b7 the term used motor vehicle means a motor vehicle that has previously been purchased other than for resale4 7#e7 ,by rule1 the ,secretary may exempt the auctioning of a used passenger motor vehicle to a dealer from the requirements of this section to the extent that the exemption does not harm public safety4 4 7b7 ,effective date ,this section shall take effect #ah months after the date of enactment of this ,act4 #cjb4 ,retention of safety records by manufacturers 7a7 ,rule ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall issue a final rule pursuant to section #cjaag of title #di1 ,united ,states ,code1 requiring each manufacturer of motor vehicles or motor vehicle equipment to retain all motor vehicle safety records1 including documents1 reports1 correspondence1 or other materials that contain information concerning malfunctions that may be related to motor vehicle safety 7including any failure or malfunction beyond normal deterioration in use1 or any failure of performance1 or any flaw or unintended deviation from design specifications1 that could in any reasonably foreseeable manner be a causative factor in1 or aggravate1 an accident or an injury to a person71 for a period of not less than #bj calendar years from the date on which they were generated or acquired by the manufacturer4 ,such requirement shall also apply to all underlying records on which information reported to the ,secretary under part #egi of title #di1 ,code of ,federal ,regulations1 is based4 7b7 ,application ,the rule required by subsection 7a7 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 rule4 #cjc4 ,recall obligations under bankruptcy ,section #cjabj;,a of title #di1 ,united ,states ,code1 is amended by striking chapter #aa of title #aa1 and inserting chapter #g or chapter #aa of title #aa4 ,,iv ,additional ,provision #dja4 ,deadlines ,if the ,secretary determines that a deadline under this ,act1 or an amendment made by this ,act1 cannot be met1 the ,secretary shall-- 7#a7 notify the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and explain why that deadline cannot be met2 and 7#b7 establish a new deadline4