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Calendar No. 839
106th CONGRESS
2d Session
S. 3059
[Report No. 106-423]
To amend title 49, United States Code, to require motor vehicle
manufacturers and motor vehicle equipment manufacturers 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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2000
Mr. McCain (for himself, Mr. Gorton, and Mr. Specter) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
September 27 (legislative day, September 22), 2000
Reported by Mr. McCain, with an amendment
[Strike all after the enacting clause and insert the part printed in
italic]
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to require motor vehicle
manufacturers and motor vehicle equipment manufacturers 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Motor Vehicle and Motor
Vehicle Equipment Defect Notification Improvement Act''.</DELETED>
<DELETED>SEC. 2. IMPROVED INTERNATIONAL COOPERATION CONCERNING SAFETY-
RELATED DEFECTS.</DELETED>
<DELETED> (a) In General.--Subchapter I of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 30106. International cooperation</DELETED>
<DELETED> ``(a) In General.--The Secretary of Transportation may
cooperate with the transportation authorities of foreign countries to
enhance motor vehicle and traffic safety by exchanging information with
those authorities related to motor vehicle and motor vehicle equipment
safety defects, noncompliance with motor vehicle safety and motor
vehicle equipment standards and regulations.</DELETED>
<DELETED> ``(b) Confidential Information.--The Secretary may
authorize the disclosure of confidential commercial information
submitted to the National Highway Traffic Safety Administration, or
incorporated in agency-prepared records, to a foreign governmental
agency that performs functions similar to those performed by the
National Highway Traffic Safety Administration as part of cooperative
law enforcement or regulatory efforts if--</DELETED>
<DELETED> ``(1) the Secretary determines that disclosure
would be in the interest of improved motor vehicle safety;
and</DELETED>
<DELETED> ``(2) the foreign governmental agency provides a
statement in writing to the Secretary that--</DELETED>
<DELETED> ``(A) establishes the agency's authority
to protect confidential commercial information from
public disclosure; and</DELETED>
<DELETED> ``(B) commits the foreign governmental
agency not to disclose any such information provided to
it under this subsection without the written permission
of the person to whom the information relates or a
written confirmation from the National Highway Traffic
Safety Administration that the information has ceased
to qualify as confidential commercial information under
United States law.</DELETED>
<DELETED> ``(c) Nonpublic Information.--The Secretary may authorize
the disclosure of nonpublic, pre-decisional documents concerning
regulations or other regulatory requirements of the National Highway
Traffic Safety Administration or other Federal agencies, and other
nonpublic information relevant to agency activities, to a foreign
governmental agency that performs functions similar to those performed
by the National Highway Traffic Safety Administration as part of
cooperative law enforcement or regulatory activity if--</DELETED>
<DELETED> ``(1) the Secretary determines that disclosure is
reasonably necessary to facilitate motor vehicle safety related
cooperative law enforcement or regulatory activity;
and</DELETED>
<DELETED> ``(2) the foreign governmental agency provides a
statement in writing to the Secretary that--</DELETED>
<DELETED> ``(A) establishes the foreign governmental
agency's authority to protect the document or
information from public disclosure; and</DELETED>
<DELETED> ``(B) commits the foreign governmental
agency not to disclose any document or information
provided to it under this subsection without a written
confirmation from the National Highway Traffic Safety
Administration that it has no objection to disclosure
of the document or that the information has ceased to
qualify as nonpublic information under United States
law.</DELETED>
<DELETED> ``(d) Limit on Disclosure.--Notwithstanding any other
provision of law, a document or information disclosed under subsection
(b) or (c) to 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 ceased
to qualify as confidential commercial information under United States
law.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``30106. International cooperation''.
<DELETED>SEC. 3. INTERNATIONAL AGREEMENT FOR RECALLS OF MOTOR VEHICLES
OR MOTOR VEHICLE PARTS.</DELETED>
<DELETED> (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 recall by manufacturers of motor vehicles and motor
vehicle equipment with safety-related defects.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Guidelines.--The international agreement negotiated
under subsection (a) should incorporate the following
provisions:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Each signatory will cooperate at the
international level through its designated authorities through
information exchange, communication, and joint
action.</DELETED>
<DELETED> (3) Each signatory will make available, to the
public and to other governments, through an Internet site, at a
minimum, the following information:</DELETED>
<DELETED> (A) The name, title, and contact
information for the competent authority for motor
vehicle or motor vehicle equipment recalls.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) The country in which the recall is in
effect, and the date of the recall.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Consumer interests.--Each such manufacturer
should be cognizant of the fact that consumers cross
international borders and often take vehicles with them, and
should, to the greatest extent practical, make consumers aware
of recalls of its motor vehicles or motor vehicle equipment,
particularly in countries that border or are in proximity to a
country in which the recall was initiated.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. COMPLIANCE REQUIRED FOR CERTIFICATION.</DELETED>
<DELETED> Section 30115 of title 49, United States Code, is amended
by adding at the end the following: ``A person may not affix a
certification label or tag to a motor vehicle or an item of motor
vehicle equipment under this section unless that person has
established, through testing or engineering analyses, that the vehicle
or equipment complies with all applicable motor vehicle safety
standards prescribed under this chapter.''.</DELETED>
<DELETED>SEC. 5. DEFECT AND NONCOMPLIANCE NOTIFICATION FOR OEM
EQUIPMENT; ACCIDENT DATA.</DELETED>
<DELETED> (a) In General.--Section 30118 of title 49, United States
Code, is amended--</DELETED>
<DELETED> (1) by striking ``motor vehicle or replacement
equipment'' in subsections (a), (b), and (c) and inserting
``motor vehicle, original equipment, or replacement
equipment'';</DELETED>
<DELETED> (2) by redesignating subsections (d) and (e) as
subsections (e) and (f); and</DELETED>
<DELETED> (3) by inserting after subsection (c) the
following:</DELETED>
<DELETED> ``(d) Review of Safety-related Data.--A manufacturer of a
motor vehicle, original equipment, or replacement equipment shall
review and consider information regarding accidents and incidents
involving motor vehicles or equipment manufactured by that manufacturer
(or a related party) that resulted in fatalities, serious injuries, or
fires, including information about such accidents and incidents outside
the United States, and notify the Secretary if the manufacturer has
reason to believe that the vehicle or equipment involved has a safety-
related defect or fails to comply with any motor vehicle safety
standard prescribed under this chapter.''.</DELETED>
<DELETED> (b) Effective Date.--The amendments made by subsection (a)
take effect 180 days after the date of enactment of this Act.</DELETED>
<DELETED>SEC. 6. EXTENSION OF TIME FOR NO-CHARGE REMEDIES.</DELETED>
<DELETED> Section 30120(g)(1) of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking ``8 calendar years,'' and
inserting ``10 calendar years,''; and</DELETED>
<DELETED> (2) by striking ``3 calendar years,'' and
inserting ``5 calendar years,''.</DELETED>
<DELETED>SEC. 7. USED MOTOR VEHICLES.</DELETED>
<DELETED> Section 30126 of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) by inserting ``(a) In General.--'' before ``To
ensure''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(b) Sales of Used Motor Vehicles for Which Notice Has
Issued.--</DELETED>
<DELETED> ``(1) In general.--A dealer may not sell a used
motor vehicle, except for purposes other than resale, or lease
a used motor vehicle to another, unless the dealer--</DELETED>
<DELETED> ``(A) informs the purchaser or lessee of
any notification of a defect or noncompliance under
section 30118(b) or (c) with respect to that vehicle
that has not been remedied; and</DELETED>
<DELETED> ``(B) either--</DELETED>
<DELETED> ``(i) offers to remedy the defect
or noncompliance (within the meaning of such
term as used in section 30120); or</DELETED>
<DELETED> ``(ii) obtains from the purchaser
or lessee a signed statement in writing
acknowledging receipt of a document that
describes the defect or noncompliance
(including any relevant information from such a
notification) and the offer.</DELETED>
<DELETED> ``(2) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) Dealer.--Notwithstanding section
30102(a)(1), the term `dealer' means a person who sold
at least 10 motor vehicles to purchasers for purposes
other than resale within the 12 months preceding the
sale of the vehicle referred to in paragraph (1). For
purposes of this subparagraph, the term motor vehicle
does not include a motor vehicle sold for parts or
scrap as a junk automobile (as defined in section
30501(4)) or a motor vehicle that is a salvage vehicle
(as defined in section 30501(7)).</DELETED>
<DELETED> ``(B) Used motor vehicle.--The term `used
motor vehicle' means a motor vehicle that has
previously been purchased for purposes other than
resale.''.</DELETED>
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