FAST Act Recall Notification by Electronic Means

The Center for Auto Safety is the nation’s premier independent, member driven, non-profit consumer advocacy organization dedicated to improving vehicle safety, quality, and fuel economy on behalf of all drivers, passengers, and pedestrians.

December 4, 2015

SEC. 24104. RECALL PROCESS.
    (a) Notification Improvement.--
            (1) In general.--Not later than 270 days after the date of
        enactment of this Act, the Secretary shall prescribe a final
        rule revising the regulations under section 577.7 of title 49,
        Code of Federal Regulations, to include notification by
        electronic means in addition to notification by first class
        mail.
            (2) Definition of electronic means.--In this subsection, the
        term ``electronic means'' includes electronic mail and may
        include such other means of electronic notification, such as
        social media or targeted online campaigns, as determined by the
        Secretary.
    (b) Notification by Manufacturer.--Section 30118(c) of title 49,
United States Code, is amended by inserting ``or electronic mail'' after
``certified mail''.
    (c) Recall Completion Rates Report.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, and biennially thereafter for 4 years,
        the Secretary shall--
                    (A) conduct an analysis of vehicle safety recall
                completion rates to assess potential actions by the
                National Highway Traffic Safety Administration to
                improve vehicle safety recall completion rates; and
                    (B) submit to the Committee on Commerce, Science,
                and Transportation of the Senate and the Committee on
                Energy and Commerce of the House of Representatives a
                report on the results of the analysis.
            (2) Contents.--Each report shall include--
                    (A) the annual recall completion rate by
                manufacturer, model year, component (such as brakes,
                fuel systems, and air bags), and vehicle type (passenger
                car, sport utility vehicle, passenger van, and pick-up
                truck) for each of the 5 years before the year the
                report is submitted;
                    (B) the methods by which the Secretary has conducted
                analyses of these recall completion rates to determine
                trends and identify risk factors associated with lower
                recall rates; and
                    (C) the actions the Secretary has planned to improve
                recall completion rates based on the results of this
                data analysis.
    (d) Inspector General Audit of Vehicle Recalls.--
            (1) In general.--The Department of Transportation Inspector
        General shall conduct an audit of the National Highway Traffic
        Safety Administration's management of vehicle safety recalls.
            (2) Contents.--The audit shall include a determination of
        whether the National Highway Traffic Safety Administration--
                    (A) appropriately monitors recalls to ensure the
                appropriateness of scope and adequacy of recall
                completion rates and remedies;
                    (B) ensures manufacturers provide safe remedies, at
                no cost to consumers;
                    (C) is capable of coordinating recall remedies and
                processes; and
                    (D) can improve its policy on consumer notice to
                combat effects of recall fatigue.