A BILL
To amend title 49, United States Code, to require
manufacturers of motor vehicles and items of motor
vehicle equipment to obtain information and maintain
records about potential safety defects in their foreign
products that may affect the safety of vehicles and
equipment in the United States, and for other purposes.
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled,
TITLE I --MOTOR VEHICLE SAFETY
SEC. 101. (a) Subchapter I of Chapter 301 of title 49,
United States Code, is amended by inserting at the end
the following new section:
"Sec. 30106. International Cooperation
"(a) GENERAL AUTHORITY.--The Secretary of
Transportation may cooperate internationally to enhance
motor vehicle and traffic safety by exchanging information
related to safety defects, noncompliances with motor vehicle
safety standards and regulations, and other matters related
to motor vehicle safety, conducting vehicle safety research,
and updating, developing and promoting improved motor
vehicle safety standards and enforcement procedures. "(b)
CONFIDENTIAL INFORMATION.-- The Secretary may authorize the
disclosure of confidential commercial information submitted
to the National Highway Traffic Safety Administration, or
incorporated into agency-prepared records, to foreign
government officials who perform counterpart functions to
the National Highway Traffic Safety Administration as part
of cooperative law enforcement or regulatory efforts,
provided that:
"(1) The foreign government agency has provided both a
written statement establishing its authority to protect
confidential commercial information from public disclosure
and a written commitment not to disclose any information
provided without the written permission of the sponsor or
written confirmation by the National Highway Traffic Safety
Administration that the information no longer has
confidential status; and
"(2) The Secretary determines disclosure would be in
the interest of motor vehicle safety.
"(c) NON-PUBLIC INFORMATION.--The Secretary may
disclose nonpublic, predecisional documents concerning the
National Highway Traffic Safety Administration's or the
other government agency's regulations or other regulatory
requirements, or other nonpublic information relevant to
either agency's activities, as part of cooperative
regulatory activities, provided that:
"(1) The foreign government agency has the authority to
protect such nonpublic documents from public disclosure and
will not disclose any documents provided without the written
confirmation by the National Highway Traffic Safety
Administration that the documents no longer have nonpublic
status; and
"(2) The Secretary determines that the exchange is
reasonably necessary to facilitate cooperative regulatory
activities.
"(d) LIMIT ON DISCLOSURE.--Any exchange under this
section of confidential commercial information and nonpublic
documents and information does not require that such records
shall be made available to all members of the public."
(b) The analysis for Chapter 301 is amended by the
addition of the following after the entry for section 30105:
"30106. International Cooperation.".
SEC. 102. Section 30115 of title 49, United States
Code, is amended by inserting at the end the following: "A
person shall not affix a certification label or tag to a
motor vehicle or item of motor vehicle equipment unless the
person has performed testing or other engineering analyses
that demonstrate compliance with all applicable motor
vehicle safety standards prescribed under this chapter.".
SEC. 103. Sec. 30118 of title 49, United States Code,
is amended as follows:
(a) In subsections (a), (b) and (c), by inserting ",
original equipment" after "motor vehicle"; and
(b) In subsection (c), by designating the existing text
as paragraph (1), by redesignating existing paragraphs (1)
and (2) as subparagraphs (A) and (B), respectively, and by
adding the following at the end:
"(2) A manufacturer shall have a duty to review and
consider information regarding crashes or incidents in
vehicles or equipment where there are fatalities, serious
injuries, or fires, including such information received from
foreign sources, to learn whether the vehicle or equipment
contains a defect or does not comply with a motor vehicle
safety standard, and to advise the Secretary if the
manufacturer has reason to believe that a defect or
noncompliance may exist. ".
SEC. 104. Section 30120(g)(1) of title 49, United States
Code, is amended by--
(1) striking "8 calendar years" and substituting "10
calendar years"; and
(2) striking "3 calendar years" and substituting "5
calendar years".
SEC. 105. Section 30120 of title 49, United States Code,
as amended by section 104 of this Act, is amended by adding
at the end the following:
"(j) LIMITATION ON SALE OR LEASE OF USED MOTOR VEHICLES.--
(1) A dealer may not sell a used motor vehicle, for purposes
other than resale, or lease a used motor vehicle until the
dealer informs the purchaser or lessee of any notifications
of a defect or noncompliance pursuant to section 30118(b) or
section 30118(c) of this title with respect to the vehicle
that have not been remedied, and either
"(A) offers to have the defects or noncompliances
remedied, or
"(B) gives the purchaser or lessee a written
description of the defects or noncompliances,
including all relevant information from any
notification pursuant to subsections 30118(b) or
30118(c) of this title, and receives a written
acknowledgment of the offer or description from the
purchaser or lessee.
"(2) The requirements of paragraph (1) of this subsection
shall apply after a period of time following issuance of
notifications that the Secretary shall specify. The
Secretary may extend this period with respect to particular
notifications.
"(3) In this subsection, notwithstanding section
30102(a)(1) of this title,
"(A) 'dealer' means a person who sold at least 10
motor vehicles during the prior 12 months to
purchasers that in good faith purchased the vehicles
other than for resale; and
"(B) 'used motor vehicle' means a motor vehicle that
has previously been purchased other than for
resale.".
SEC. 106. Section 30120 of title 49, United States Code,
as amended by section 104 and 105 of this Act, is amended by
adding at the end the following new subsection: "(k) LIMITATION
ON OPERATION BY OWNERS AND LESSORS OF SCHOOL BUSES AND VEHICLES USED TO TRANSPORT
PASSENGERS FOR COMPENSATION.--"(1) Subject to paragraph (2), a person who owns or
leases a school bus or a motor vehicle used to transport passengers for
compensation and who receives a notice of a defect or noncompliance pursuant to
section 30118(b) or section 30118(c) of this title may not operate the vehicle to
which the notice applies as a school bus or for compensation until the defect or
noncompliance is remedied as required by this section.
"(2) The requirements of paragraph (1) shall apply after a
period of time following issuance of such notifications that
the Secretary shall specify. The Secretary may extend this
period with respect to particular notifications.".
SEC. 107. Section 30165(a) of title 49, United States
Code, is amended-
(1) in the first sentence by--
(A) inserting "(1)" after "PENALTY.--" at the
beginning of the sentence;
(B) inserting "or" after "30127," and striking "or
30166"; and
(C) striking "$1,000" and substituting "$5,000";
(2) by striking the third sentence; and
(3) by adding the following new paragraph:
"(2) A person who violates section 30166 of
this title or a regulation prescribed under
that section is liable to the United States
Government for a civil penalty for failing or
refusing to allow or perform an act required
under that section or regulation. The maximum
penalty under this paragraph is $5,000 per
violation per day. The maximum penalty under
this paragraph for a related series of daily
violations is $500,000.".
SEC. 108. Section 30165 is amended by adding at the end
the following:
"(e) ADMINISTRATIVE PENALTIES. Whenever on the basis
of any information available the Secretary finds that any
person has violated any of the sections in (a) above or a
regulation prescribed under any of those sections, the
Secretary may assess a civil penalty under this subsection
by an order made after opportunity for a hearing on the
record in accordance with sections 554 and 556 of title 5,
United States Code. The Secretary shall issue reasonable
rules for discovery and other procedures for hearings under
this subsection. Before issuing such an order, the Secretary
shall give written notice to the person to be assessed an
administrative penalty of the Secretary's proposal to issue
such order and provide such person an opportunity to request
such a hearing on the order, within 30 days of the date the
notice is received by such person. The penalty amounts
shall not exceed those under (a). The maximum penalty under
this subsection for a related series of violations is
$1,000,000. The Secretary may compromise, modify, or remit,
with or without conditions, any administrative penalty which
may be imposed under this subsection."
"(e) ADMINISTRATIVE PENALTIES. Whenever on the basis of any
information available the Secretary finds that any person
has violated any of the sections in (a) above or a
regulation prescribed under any of those sections, the
Secretary may assess a civil penalty under this subsection
by an order made after opportunity for a hearing on the
record in accordance with sections 554 and 556 of title 5,
United States Code. The Secretary shall issue reasonable
rules for discovery and other procedures for hearings under
this subsection. Before issuing such an order, the Secretary
shall give written notice to the person to be assessed an
administrative penalty of the Secretary's proposal to issue
such order and provide such person an opportunity to request
such a hearing on the order, within 30 days of the date the
notice is received by such person. The penalty amounts
shall not exceed those under (a). The maximum penalty under
this subsection for a related series of violations is
$1,000,000. The Secretary may compromise, modify, or remit,
with or without conditions, any administrative penalty which
may be imposed under this subsection."
SEC. 109. Section 30166 of title 49, United States Code,
is amended by revising subsection (e) to read as follows:
"(e) RECORDS AND MAKING REPORTS- (1) The Secretary of
Transportation reasonably may require a manufacturer of a
motor vehicle or motor vehicle equipment to keep records,
and a manufacturer, distributor, or dealer to make reports,
to enable the Secretary to decide whether the manufacturer,
distributor, or dealer has complied or is complying with
this chapter or a regulation prescribed or order issued
under this chapter. This subsection does not impose a
recordkeeping requirement on a distributor or dealer in
addition to those imposed under subsection (f) of this
section and section 30117(b) of this title or a regulation
prescribed or order issued under subsection (f) or section
30117(b).
"(2) The Secretary of Transportation shall by rule require
a manufacturer of a motor vehicle or motor vehicle equipment
to keep records and to make reports based on information it
has received, upon receiving information, periodically, or
in response to an order or specific requirement to make a
report with regard to crashes or incidents in vehicles and
equipment where there are fatalities, serious injuries or
fires;
"(3) The Secretary of Transportation shall by rule require
a manufacturer of a motor vehicle or motor vehicle equipment
to keep records and to make reports, upon receiving
information, periodically or in response to an order or
specific requirement to make a report with regard to
warranty or adjustment information related to actual or
potential defects;
"(4) The Secretary of Transportation reasonably may
require a manufacturer of a motor vehicle or motor vehicle
equipment to provide to the Secretary of Transportation
access to the manufacturer's communications related to
defects and recalls, to the same extent and in the same
manner as accessed by one or more of the manufacturer's
dealers; and
"(5) The Secretary of Transportation reasonably may
require a person in the business of providing automobile
insurance or resolving claims under insurance policies, to
keep records or to make reports, upon receiving information,
periodically or in response to an order or specific
requirement to make a report regarding crashes or incidents
in vehicles and equipment where there are fatalities,
serious injuries or fires including provision of the vehicle
identification number, insured's names and addresses and
telephone numbers. This information shall be treated as
confidential information by the Secretary.
SEC. 110. Section 30166 of title 49, United States Code,
is amended by adding at the end the following:
"(l) DEFINITIONS. In this section, notwithstanding
section 30102 of this title,
(1) 'dealer' means a person selling and distributing new
motor vehicles or motor vehicle equipment, within or outside
the United States, primarily to purchasers that in good
faith purchase the vehicles or equipment other than for
resale.
"(2) 'distributor' means a person primarily selling and
distributing motor vehicles or motor vehicle equipment,
within or outside the United States, for resale.
"(3) 'manufacturer'
"(A) means a person--
"(i) manufacturing or assembling motor vehicles or
motor vehicle equipment; or
"(ii) importing motor vehicles or motor vehicle
equipment for resale, and
"(B) includes
"(i) persons incorporated within or with their
principal place of business in the United Sates and their
direct and indirect domestic and foreign subsidiaries and
affiliates,
"(ii) persons with their principal place of business
in a foreign country, including their direct or indirect
domestic and foreign subsidiaries and affiliates, any of
which export motor vehicles or motor vehicle equipment
into the United States, and
"(iii) persons with their principal place of
business in a foreign country, including their direct or
indirect domestic and foreign subsidiaries and
affiliates, any of which manufactures or assembles motor
vehicles or motor vehicle equipment in the United States.
"(4) 'owner' means an owner within or outside the United
States.
"(5) 'purchaser' means a purchaser within or outside the
United States.
"(6) 'person' means any manufacturer, distributor or
dealer as defined above and any other person within the
United States that may have information related to this
chapter.".
SEC. 111. Sections 103, 108, 109, and 109 of this Act
shall take effect on the date that is 180 days after the
date of enactment of this Act.
TITLE II -- ODOMETERS
SEC. 201. Section 32709(a)(1) of title 49, United States
Code, is amended by--
(1) striking "$2,000" and substituting "$5,000"; and
(2) striking "$100,000" and substituting
"$1,000,000".
SEC. 202. Section 32710(a) of title 49, United
States Code, is amended by striking "$1,500" and
substituting "$10,000".