Home > 106th Congressional Bills > S. 305 (es) To reform unfair and anticompetitive practices in the professional boxing industry. [Engrossed in Senate] ...S. 305 (es) To reform unfair and anticompetitive practices in the professional boxing industry. [Engrossed in Senate] ...
a foreign governmental agency is not required to be disclosed to the
public under section 552 of title 5, United States Code, or any other
provision of law, unless the information has otherwise been made
available to the public in the United States.''.
(b) Clerical Amendment.--The chapter analysis for subchapter I of
chapter 301 of title 49, United States Code, is amended by adding at
the end the following:
``30106. International cooperation''.
SEC. 3. INTERNATIONAL AGREEMENT FOR RECALLS OF MOTOR VEHICLES OR MOTOR
VEHICLE PARTS.
(a) International Agreement.--The President is authorized and
requested to initiate, within 60 days after the date of the enactment
of this Act, negotiations for an international agreement governing the
dissemination of information about the recall by manufacturers of motor
vehicles and motor vehicle equipment with safety-related defects. Any
such agreement may not enter into force with respect to the United
States unless it has been ratified by the United States Senate.
(b) Purpose.--The purpose of these negotiations shall be to
establish an international agreement under which government officials
agree to cooperate in furthering global transparency with respect to
motor vehicle and motor vehicle equipment recalls so as to promote
consumer safety and to enhance consumer confidence.
(c) Guidelines.--The international agreement negotiated under
subsection (a) should incorporate the following provisions:
(1) Each signatory will designate a competent authority
within its national government as the responsible authority for
disseminating, to the public and to other foreign authorities,
information about recalls of motor vehicles or motor vehicle
equipment.
(2) Each signatory will cooperate at the international
level through its designated authorities through information
exchange, communication, and joint action.
(3) Each signatory will make available, to the public and
to other governments, through an Internet site, at a minimum,
the following information:
(A) The name, title, and contact information for
the competent authority for motor vehicle or motor
vehicle equipment recalls.
(B) The names of any motor vehicle or motor vehicle
equipment manufacturer in its jurisdiction that has
issued a recall, the company's contact information, and
the specific motor vehicle or motor vehicle equipment
that is the subject of a recall.
(C) The country in which the recall is in effect,
and the date of the recall.
(4) Each signatory, in the interest of getting all relevant
information to its competent authority and having the authority
share it with the competent authorities of other countries,
will disseminate widely the final guidelines negotiated to all
relevant governmental departments, agencies, and branches of
government.
(5) Each signatory that is an advanced industrialized
country will seek to assist other countries that are
signatories to implement the agreement, and to aid efforts by
those countries to ensure compliance with the agreement.
(6) Each signatory will establish a framework to conduct
regular oversight and review to assess the operation and
effectiveness of the agreement and to create a forum in which
each signatory can share with other signatories the laws and
regulations it has adopted to implement the agreement.
(d) Guidelines for Enterprises Engaged in Trade.--The international
agreement negotiated under subsection (a) should incorporate the
following guidelines on recalls for manufacturers engaged in exporting
motor vehicles or motor vehicle equipment or manufacturing motor
vehicle equipment for inclusion in motor vehicles to be exported:
(1) Transparency and disclosure.--Each such manufacturer
should disclose all relevant information regarding any recall
it undertakes to the competent authority in the country in
which it initiates the recall and to the competent authority in
the country in which it is incorporated. The information should
be extensive enough to facilitate public notice described in
subsection (c)(3).
(2) Consumer interests.--Each such manufacturer should, to
the greatest extent practical, make consumers aware of recalls
of its motor vehicles or motor vehicle equipment.
(3) Cooperation with regulatory authorities.--Each such
manufacturer should cooperate promptly with the national
authorities in any country that is requesting information about
a motor vehicle or motor vehicle equipment recall in an effort
to safeguard consumer safety.
(e) Provisions Related to the United States.--
(1) In general.--The Secretary of Transportation shall be
the competent authority for the United States.
(2) Coordination.--In carrying out the role of competent
authority, the Secretary shall coordinate with and draw on the
expertise of the Department of State, the Office of the United
States Trade Representative, and the National Highway Traffic
Safety Administration.
(3) Internet availability.--Until the President concludes
the negotiations authorized by this section and there is an
international Internet database that contains the information
described in subsection (c)(3), the Secretary shall establish
an official Department of Transportation website on the
Internet providing that information to the greatest extent
possible when a recall involves motor vehicles or motor vehicle
equipment that is offered for sale inside and outside the
United States, and shall post information provided to the
Secretary by United States embassies about recalls of motor
vehicles or motor vehicle equipment in the country in which the
embassy is located that is offered for sale in the United
States.
(4) Coordinated federal strategy.--The Secretary of State
shall establish procedures by which United States embassies and
consular offices abroad will inform the Secretary of
Transportation whenever the Ambassador, commercial attache, or
other representative of the United States receives information
about an impending or announced recall of motor vehicles or
motor vehicle equipment. The Secretary of Transportation shall
notify the Senate Committee on Commerce, Science, and
Transportation and the House or Representatives Committee on
Commerce whenever the Secretary receives such information.
(f) No Diminution of United States Standards.--Nothing in this
section authorizes any diminution or weakening of any Federal Motor
Vehicle Safety Standard under chapter 301 of title 49, United States
Code, or any other provision of law, whether in effect on the date of
enactment of this Act or promulgated after that date.
SEC. 4. DEFECT AND NONCOMPLIANCE NOTIFICATION FOR OEM EQUIPMENT.
Section 30118 of title 49, United States Code, is amended by
striking ``motor vehicle or replacement equipment'' in subsections (a),
(b), and (c) and inserting ``motor vehicle, original equipment, or
replacement equipment''.
SEC. 5. EXTENSION OF TIME FOR NO-CHARGE REMEDIES.
Section 30120(g)(1) of title 49, United States Code, is amended--
(1) by striking ``8 calendar years,'' and inserting ``10
calendar years,''; and
(2) by striking ``3 calendar years,'' and inserting ``5
calendar years,''.
SEC. 6. ENHANCED INFORMATION REPORTING.
Section 30118 of title 49, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f); and
(2) by inserting after subsection (c) the following:
``(d) Enhanced Reporting of Information.--
``(1) Rulemaking required.--No later than 120 days after
the date of enactment of the Motor Vehicle and Motor Vehicle
Equipment Defect Notification Improvement Act, the Secretary of
Transportation shall initiate a rulemaking proceeding to
establish increased reporting requirements and record retention
for manufacturers of motor vehicles and motor vehicle equipment
to enhance the Secretary's ability to carry out the provisions
of this chapter.
``(2) Deadline.--The Secretary shall issue a final rule
under paragraph (1) not later than June 30, 2002.
``(3) Data covered.--
``(A) Required data.--In carrying out this
subsection, the Secretary shall require manufacturers
to collect and report to the Secretary periodically, or
upon request by the Secretary, the following
information derived from domestic and foreign sources:
``(i) Accidents or incidents, or trends or
patterns of accidents or incidents, involving
motor vehicles, motor vehicle equipment, or
motor vehicle equipment components or systems
manufactured by that manufacturer that result
in fatalities, serious injuries, or fires.
``(ii) Any 3 or more lawsuits in which the
manufacturer is a defendant involving the same,
or a substantially similar, alleged defect.
``(iii) Customer satisfaction campaigns,
consumer advisories, recalls, or other activity
involving the repair or replacement of motor
vehicles or items of motor vehicle equipment.
``(iv) Warranty or adjustment data received
by the manufacturer.
``(B) Potential data.--In carrying out this
subsection, the Secretary shall consider requiring
manufacturers to collect and report to the Secretary
periodically, or upon request by the Secretary, the
following information derived from domestic and foreign
sources:
``(i) Consumer complaints.
``(ii) Safety-related information relating
to actual or potential defects not otherwise
collected or reported.
``(iii) The number or other identifying
characteristic for motor vehicle equipment sold
by that manufacturer.
``(iv) Communications between the
manufacturer and dealers, or other information
made available by the manufacturer to dealers,
relating to motor vehicle or motor vehicle
equipment safety-related defects or recalls.
``(4) Insurance.--No later than 120 days after the date of
enactment of the Motor Vehicle and Motor Vehicle Equipment
Defect Notification Improvement Act, the Secretary shall
initiate a rulemaking proceeding to establish enhanced
aggregate information reporting requirements under this chapter
for persons in the business of providing motor vehicle
insurance or of adjusting motor vehicle insurance claims. The
Secretary shall issue a final rule under this paragraph not
later than June 30, 2002.
``(5) Confidentiality.--Nothing in this subsection provides
an exception from section 30167(a) for information received by
the Secretary under the rulemaking required by this
subsection.''.
SEC. 7. SCHOOL BUSES.
Section 30125 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Suspension of Operations for Imminent Hazard.--The Secretary
may issue an order directing any person that operates a school bus to
suspend operation of the school bus as a school bus if the Secretary
determines that there is a defect or noncompliance that presents an
imminent hazard to passenger safety if the school bus continues
operation before the defect or noncompliance is remedied.''.
SEC. 8. COMMERCIAL PASSENGER VEHICLES.
(a) In General.--Subchapter II of chapter 301 of title 49, United
States Code, is amended by adding at the end thereof the following:
``Sec. 30128. Commercial passenger vehicles
``The Secretary of Transportation may issue an order directing any
person that operates a motor vehicle used to transport passengers for
compensation to suspend operation of the vehicle to transport
passengers for compensation if the Secretary determines that there is a
defect or noncompliance that presents an imminent hazard to passenger
safety if the vehicle continues such operation before the defect or
noncompliance is remedied.''.
(b) Clerical Amendment.--The chapter analysis for subchapter II of
chapter 301 of title 49, United States Code, is amended by adding at
the end the following:
``30128. Commercial passenger vehicles''.
SEC. 9. PENALTIES.
(a) Civil Penalties.--Section 30165(a) of title 49, United States
Code, is amended to read as follows:
``(a) In General.--A person that violates any of sections 30112,
30115, 30117 through 30122, 30123(d), 30125(c) or (d), 30126(b), 30127,
30128, 30141 through 30147, or 30166, or a regulation prescribed
thereunder, is liable to the United States Government for a civil
penalty of not more than $5,000 per day for each violation. A separate
violation occurs for each motor vehicle or item of motor vehicle
equipment and for each failure or refusal to allow or perform an act
required by any of those sections. The maximum penalty under this
paragraph for a related series of violations is $15,000,000, except
that no such maximum applies in the case of a willful and intentional
violation.''.
(b) Criminal Penalties.--
(1) In general.--Subchapter IV of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 30170. Criminal penalties
``(a) Acts Prohibited.--It is unlawful for a director, officer, or
agent of a manufacturer that introduces a motor vehicle or motor
vehicle equipment into interstate commerce to authorize, order, or
ratify the introduction if the director, officer, or agent knew that--
``(1) at the time of introduction the manufacturer was in
violation of section 30112(a) or 30118(c) with respect to that
motor vehicle or motor vehicle equipment;
``(2) the condition of the motor vehicle or motor vehicle
equipment that is the subject of that violation created a
serious danger of death or grievous bodily harm; and
``(3) the condition described in paragraph (2) caused death
or grievous bodily harm.
``(b) Penalties.--Violation of subsection (a) is punishable by--
``(1) a fine of not more than $10,000, imprisonment for not
more than 5 years, or both, if the violation resulted in
grievous bodily harm; and
``(2) a fine of not more than $50,000, imprisonment for not
more than 15 years, or both, if the violation resulted in
death.
``(c) Coordination With DOJ.--Before authorizing a United States
Attorney to bring an action, or initiate grand jury proceedings, for a
violation of subsection (a) or (b), the Attorney General shall consult
with the Secretary of Transportation.''.
(2) Clerical amendment.--The subchapter analysis for
subchapter IV of chapter 301 of title 49, United States Code,
is amended by adding at the end the following:
``30170. Criminal penalties''.
SEC. 10. RECORDS AND REPORTS.
(a) Recordkeeping and Reporting Requirements.--Section 30166(e) of
title 49, United States Code, is amended to read as follows:
``(e) Records and Reports.--The Secretary of Transportation is
authorized to 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) or a regulation prescribed or
order issued under subsection (f) or section 30117(b).''.
(b) Definitions.--Section 30166(a) of title 49, United States Code,
is amended to read as follows:
``(a) Definitions.--Notwithstanding section 30102(a), in this
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