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104TH CONGRESS

2D SESSION H. R. 2900

To establish nationally uniform requirements regarding the titling and

registration of salvage, nonrepairable, and rebuilt vehicles.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 25, 1996

Mr. WHITE (for himself, Mr. SCHAEFER, Mr. BROWN of Ohio, and Mr. RICHARDSON) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committees on the Judiciary

and Ways and Means, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To establish nationally uniform requirements regarding the

titling and registration of salvage, nonrepairable, and

rebuilt vehicles.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Motor Vehicle

5 Safety, Anti-Theft, Title Reform, and Consumer Protec6 tion Act of 1995’’.

7 SEC. 2. FINDINGS.

8 The Congress makes the following findings:
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1 (1) Many States do not have specific require2 ments regarding the disclosure of a motor vehicle’s

3 salvage history and some States never require that

4 the motor vehicle’s title be stamped or branded to

5 indicate that it is, or has been, a salvage vehicle.

6 (2) Existing State disclosure requirements re7 garding a motor vehicle’s salvage history are incon8 sistent in scope and language, require the use of var9 ious and different forms and administrative proce10 dures, will undercut the effectiveness of the National

11 Automobile Title Information System created by the

12 Anti Car Theft Act of 1992, are burdensome on

13 interstate commerce, and make it easy for unscrupu14 lous sellers of rebuilt vehicles to mislead potential

15 wholesale and retail buyers about the condition and

16 value of such vehicles.

17 (3) The fact that a motor vehicle is salvage,

18 nonrepairable, flood damaged, or rebuilt after incur19 ring substantial damage is material in any subse20 quent purchase or sale of that motor vehicle.

21 (4) Some salvage and nonrepairable vehicles be22 come involved in illegal commerce in stolen vehicles

23 and parts. The lack of theft inspection in some juris24 dictions for rebuilt motor vehicles before allowing the

25 vehicles back on the road provides an opportunity
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1 for an unscrupulous person to use stolen parts in the

2 rebuilding of motor vehicles.

3 (5) According to the National Highway Traffic

4 Safety Administration, rebuilt motor vehicles may

5 not have passed any safety inspection and may pose

6 a public safety risk and consumers who unknowingly

7 buy these motor vehicles face an increased risk of

8 death or serious injury. Statistics prepared by the

9 American Association of Motor Vehicle Administra10 tors indicate that 71 percent of the States require

11 some form of safety inspection before a rebuilt sal12 vage vehicle may be registered for use on the road.

13 The promulgation of a safety inspection program by

14 the Secretary of Transportation may assist the

15 States in expanding and standardizing their inspec16 tion programs for rebuilt vehicles.

17 (6) Duplicate or replacement titles play an im18 portant role in many vehicle thefts and various types

19 of vehicle fraud. Accordingly, State controls on the

20 issuance of such titles must be strengthened and

21 made uniform across the country.

22 (7) Large numbers of motor vehicles are ex23 ported from United States ports to foreign countries

24 without proper documentation of ownership in viola25 tion of law.
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1 (8) In view of such threats to public safety and

2 consumer interests, the Motor Vehicle Titling, Reg3 istration and Salvage Advisory Committee, which

4 was convened under the auspices of the Secretary of

5 Transportation pursuant to section 140(a) of the

6 Anti Car Theft Act of 1992 (15 U.S.C. 2041 note),

7 recommended that Federal legislation be enacted to

8 require certain definitions to be used nationwide to

9 describe seriously damaged vehicles, that all States

10 be required to use these definitions in determining

11 appropriate title designations, and that all States be

12 required to use certain motor vehicle titling and con13 trol methods and to take certain other measures to

14 protect the integrity of the titling process.

15 SEC. 3. MOTOR VEHICLE TITLING AND DISCLOSURE RE16 QUIREMENTS.

17 Subtitle VI of title 49, United States Code, is amend18 ed by inserting a new chapter at the end:

19 ‘‘CHAPTER 333—AUTOMOBILE SAFETY, ANTI20 THEFT, AND TITLE DISCLOSURE REQUIREMENTS

21 ‘‘§ 33301. Definitions

22 ‘‘For the purposes of this chapter:

23 ‘‘(1) PASSENGER MOTOR VEHICLE.—The term

24 ‘passenger motor vehicle’ means any vehicle driven

25 or drawn by mechanical power manufactured pri-
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1 marily for use on the public streets, roads, and high2 ways, including a multipurpose passenger vehicle or

3 light duty truck when that vehicle or truck is rated

4 at not more than 6,000 pounds gross vehicle weight,

5 except that such term does not include a motorcycle.

6 ‘‘(2) SALVAGE VEHICLE.—The term ‘salvage ve7 hicle’ means any passenger motor vehicle which has

8 been wrecked, destroyed, or damaged to the extent

9 that the total estimated or actual cost of parts and

10 labor to rebuild or reconstruct the passenger motor

11 vehicle to its pre-accident condition and for legal op12 eration on the roads or highways exceeds 75 percent

13 of the retail value of the passenger motor vehicle, as

14 set forth in a current edition of any nationally recog15 nized compilation (to include automated databases)

16 of retail values, as approved by the Secretary. Such

17 term shall not include any passenger motor vehicle

18 having a model year designation of a calendar year

19 which is at least 5 years prior to the calendar year

20 in which the vehicle was wrecked, destroyed, or dam21 aged. The value of repair parts for purposes of this

22 paragraph shall be determined by using the pub23 lished retail cost of the original equipment manufac24 turer parts or the actual retail cost of the repair

25 parts to be used in the repair. The labor cost of re-
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1 pairs for purposes of this paragraph shall be com2 puted by using the hourly labor rate and time alloca3 tions that are reasonable and customary in the auto4 mobile repair industry in the community where the

5 repairs are performed. Such term includes, without

6 regard to whether such passenger motor vehicle

7 meets the 75 percent threshold specified in the first

8 sentence—

9 ‘‘(A) any passenger motor vehicle to which

10 an insurance company acquires ownership pur11 suant to a damage settlement (not to include a

12 settlement in connection with a recovered theft

13 vehicle unless such passenger motor vehicle sus14 tained sufficient damage to meet the 75 percent

15 threshold specified in the first sentence); or

16 ‘‘(B) any passenger motor vehicle whose

17 owner may wish to designate as a salvage vehi18 cle by obtaining a salvage title, without regard

19 to the extent of the passenger motor vehicle’s

20 damage and repairs. Such designation by the

21 owner shall not impose on the insurer of the

22 passenger motor vehicle or on an insurer proc23 essing a claim made by or on behalf of the

24 owner of the passenger motor vehicle any obli25 gation or liability.
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1 ‘‘(3) SALVAGE TITLE.—The term ‘salvage title’

2 means a passenger motor vehicle ownership docu3 ment issued by the State to the owner of a salvage

4 vehicle. Ownership of the passenger motor vehicle

5 may be transferred on a salvage title, however, a

6 passenger motor vehicle for which a salvage title has

7 been issued shall not be registered for use on the

8 roads or highways unless it has been issued a rebuilt

9 salvage title. A salvage title shall be conspicuously

10 labeled with the word ‘salvage’ across the front.

11 ‘‘(4) REBUILT SALVAGE VEHICLE.—The term

12 ‘rebuilt salvage vehicle’ means—

13 ‘‘(A) any passenger motor vehicle which

14 was previously issued a salvage title, has passed

15 State anti-theft inspection, has been issued a

16 certificate indicating that the passenger motor

17 vehicle has passed the required anti-theft in18 spection, has passed the State safety inspection

19 in those States requiring a safety inspection

20 pursuant to section 33302(b)(7), has been is21 sued a certificate indicating that the passenger

22 motor vehicle has passed the required safety in23 spection in those States requiring such a safety

24 inspection pursuant to section 33302(b)(7), and

25 has a decal stating ‘‘Rebuilt Salvage Vehicle—
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1 Anti-theft and Safety Inspections Passed’’ af2 fixed to the driver’s door jamb; or

3 ‘‘(B) any passenger motor vehicle which

4 was previously issued a salvage title, has passed

5 a State anti-theft inspection, has been issued a

6 certificate indicating that the passenger motor

7 vehicle has passed the required anti-theft in8 spection, and has, affixed to the driver’s door

9 jamb, a decal stating ‘‘Rebuilt Salvage Vehi10 cle—Anti-theft Inspection Passed/No Safety In11 spection Pursuant to National Criteria’’ in

12 those States not requiring a safety inspection

13 pursuant to section 33302(b)(7).

14 ‘‘(5) REBUILT SALVAGE TITLE.—The term ‘re15 built salvage title’ means the passenger motor vehi16 cle ownership document issued by the State to the

17 owner of a rebuilt salvage vehicle. Ownership of the

18 passenger motor vehicle may be transferred on a re19 built salvage title, and a passenger motor vehicle for

20 which a rebuilt salvage title has been issued may be

21 registered for use on the roads and highways. A re22 built salvage title shall be conspicuously labeled ei23 ther with the words ‘‘Rebuilt Salvage Vehicle—Anti24 theft and Safety Inspections Passed’’ or ‘‘Rebuilt

25 Salvage Vehicle—Anti-theft Inspection Passed/No
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1 Safety Inspection Pursuant to National Criteria,’’ as

2 appropriate, across the front.

3 ‘‘(6) NONREPAIRABLE VEHICLE.—The term

4 ‘nonrepairable vehicle’ means any passenger motor

5 vehicle which is incapable of safe operation for use

6 on roads or highways and which has no resale value

7 except as a source of parts or scrap only or which

8 the owner irreversibly designates as a source of

9 parts or scrap. Such passenger motor vehicle shall

10 be issued a nonrepairable vehicle certificate and shall

11 never again be titled or registered.

12 ‘‘(7) NONREPAIRABLE VEHICLE CERTIFI13 CATE.—The term ‘nonrepairable vehicle certificate’

14 means a passenger motor vehicle ownership docu15 ment issued by the State to the owner of a

16 nonrepairable vehicle. Ownership of the passenger

17 motor vehicle may only be transferred 2 times on a

18 nonrepairable vehicle certificate. A passenger motor

19 vehicle for which a nonrepairable vehicle certificate

20 has been issued can never be titled or registered for

21 use on roads or highways. A nonrepairable vehicle

22 certificate shall be conspicuously labeled with the

23 word ‘Nonrepairable’ across the front.

24 ‘‘(8) FLOOD VEHICLE.—The term ‘flood vehicle’

25 means any passenger motor vehicle that has been
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1 submerged in water to the point that rising water

2 has reached over the door sill and has entered the

3 passenger or trunk compartment. Disclosure that a

4 passenger motor vehicle has become a ‘flood vehicle’

5 shall be made at the time of transfer of ownership

6 and the next certificate of title issued after such

7 transfer shall be conspicuously labeled with the word

8 ‘flood’ across the front.

9 ‘‘§ 33302. Passenger motor vehicle titling

10 ‘‘(a) CARRY-FORWARD OF INFORMATION ON A

11 NEWLY ISSUED TITLE WHERE THE PREVIOUS TITLE FOR

12 THE VEHICLE WAS NOT ISSUED PURSUANT TO NEW NA13 TIONALLY UNIFORM STANDARDS.—For any passenger

14 motor vehicle, the ownership of which is transferred on

15 or after the date that is 1 year from the date of the enact16 ment of this chapter, each State, in licensing such vehicle

17 for use, shall disclose in writing on the certificate of title

18 whenever records readily accessible to the State indicate

19 that the passenger motor vehicle was previously issued a

20 title that bore any word or symbol signifying that the vehi21 cle was ‘salvage’, ‘unrebuildable’, ‘parts only’, ‘scrap’,

22 ‘junk’, ‘nonrepairable’, ‘reconstructed’, ‘rebuilt’, or any

23 other symbol or word of like kind, or that it has been dam24 aged by flood.
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1 ‘‘(b) NATIONALLY UNIFORM TITLE STANDARDS AND

2 CONTROL METHODS.—Not later than 18 months after the

3 date of the enactment of this chapter, the Secretary of

4 Transportation shall by rule require each State, in licens5 ing any passenger motor vehicle where ownership of such

6 passenger motor vehicle is transferred more than 2 years

7 after publication of such final rule, to apply uniform

8 standards, procedures, and methods for the issuance and

9 control of titles for motor vehicles and for information to

10 be contained on such titles. Such titling standards, control

11 procedures, methods, and information shall include the

12 following:

13 ‘‘(1) A State shall indicate on the face of the

14 title or certificate for a passenger motor vehicle, as

15 applicable, if the passenger motor vehicle is a sal16 vage vehicle, a nonrepairable vehicle, a rebuilt sal17 vage vehicle, or a flood vehicle.

18 ‘‘(2) Such information concerning a passenger

19 motor vehicle’s status shall be conveyed on any sub20 sequent title, including a duplicate or replacement

21 title, for the passenger motor vehicle issued by the

22 original titling State or any other State.

23 ‘‘(3) The title documents, the certificates and,

24 decals required by section 33301(4), and the issuing
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1 system shall meet security standards minimizing the

2 opportunities for fraud.

3 ‘‘(4) The certificate of title shall include the

4 passenger motor vehicle make, model, body type,

5 year, odometer disclosure, and vehicle identification

6 number.

7 ‘‘(5) The title documents shall maintain a uni8 form layout, to be established in consultation with

9 the State or an organization representing them.

10 ‘‘(6) A passenger motor vehicle designated as

11 nonrepairable shall be issued a nonrepairable vehicle

12 certificate and shall not be retitled.

13 ‘‘(7) No rebuilt salvage title shall be issued to

14 a salvage vehicle unless, after the salvage vehicle is

15 repaired or rebuilt, it complies with the requirements

16 for a rebuilt salvage vehicle pursuant to section

17 33301(4). Any State inspection program designed to

18 comply with this paragraph shall be subject to con19 tinuing review by and approval of the Secretary.

20 Such inspection program shall include the following:

21 ‘‘(A) A passenger motor vehicle owner sub22 mitting a vehicle for an anti-theft inspection

23 shall be required to provide a completed docu24 ment identifying the vehicle’s damage prior to

25 being repaired, a list of replacement parts used
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1 to repair the vehicle, and proof of ownership of

2 such replacement parts, as may be evidenced by

3 bills of sale, invoices or, if such documents are

4 not available, other proof of ownership for the

5 replacement parts. The owner must also include

6 an affirmation that the information in the dec7 laration is complete and accurate and, to the

8 knowledge of the declarant, no stolen parts

9 were used during the rebuilding.

10 ‘‘(B) Any passenger motor vehicle or any

11 major part or major replacement part required

12 to be marked under section 33102 having a

13 mark or vehicle identification number that has

14 been illegally altered, defaced, or falsified, and

15 that cannot be identified as having been legally

16 obtained (through bills of sale, invoices, or

17 other ownership documentation), shall be con18 traband and subject to seizure. To avoid

19 confiscation of parts which have been legally re20 built or remanufactured, the Secretary of

21 Transportation, in consultation with the Attor22 ney General, shall, as part of the rule required

23 by this section, establish procedures for dealing

24 with those parts whose mark or vehicle identi25 fication number is normally removed during in-
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1 dustry accepted remanufacturing or rebuilding

2 practices, which parts shall be deemed identi3 fied for purposes of this section if they bear a

4 conspicuous mark of a type, and applied in such

5 a manner, as designated by the Secretary indi6 cating that they have been rebuilt or remanu7 factured. With respect to any vehicle part, the

8 Secretary’s rule, as required by this section,

9 shall acknowledge that a mark or vehicle identi10 fication number on such part may be legally re11 moved or altered as provided for in section 511

12 of title 18, United States Code, and shall direct

13 inspectors to adopt such procedures as may be

14 necessary to prevent the seizure of a part from

15 which the mark or vehicle identification number

16 has been legally removed or altered.

17 ‘‘(C) The Secretary shall establish nation18 ally uniform safety inspection criteria to be

19 used in those States requiring such a safety in20 spection. A State may determine whether to

21 conduct such safety inspection itself, contract

22 with a third party, or permit self-inspection, all

23 subject to criteria promulgated by the Secretary

24 hereunder. A State requiring such safety in25 spection may require the payment of a fee for
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1 the privilege of such inspection or the process2 ing thereof.

3 ‘‘(8) No duplicate or replacement title shall be

4 issued unless the word ‘duplicate’ is clearly marked

5 on the face thereof and unless the procedures for

6 such issuance are substantially consistent with Rec7 ommendation three (3) of the Motor Vehicle Titling,

8 Registration and Salvage Advisory Committee.

9 ‘‘(9) A State shall employ the following titling

10 and control methods:

11 ‘‘(A) If an insurance company is not in12 volved in a damage settlement involving a sal13 vage vehicle or a nonrepairable vehicle, the pas14 senger motor vehicle owner must apply for a

15 salvage title or nonrepairable vehicle certificate,

16 whichever is applicable, before the passenger

17 motor vehicle is repaired or the ownership of

18 the passenger motor vehicle is transferred, but

19 in any event within 30 days after the passenger

20 motor vehicle is damaged.

21 ‘‘(B) If an insurance company, pursuant to

22 a damage settlement, acquires ownership of a

23 passenger motor vehicle that has incurred dam24 age requiring the vehicle to be titled as a sal25 vage vehicle or nonrepairable vehicle, the insur-
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1 ance company must apply for a salvage title or

2 nonrepairable vehicle certificate within 15 days

3 after the title is properly assigned by the owner

4 to the insurance company and delivered to the

5 insurance company with all liens released.

6 ‘‘(C) If an insurance company does not as7 sume ownership of an insured’s or claimant’s

8 passenger motor vehicle that has incurred dam9 age requiring the vehicle to be titled as a sal10 vage vehicle or nonrepairable vehicle, the insur11 ance company shall, as required by the applica12 ble State, either (i) notify the owner of the own13 er’s obligation to apply for a salvage title or

14 nonrepairable vehicle certificate for the pas15 senger motor vehicle and notify the State pas16 senger motor vehicle titling office that a salvage

17 title or nonrepairable vehicle certificate should

18 be issued for the vehicle, or (ii) withhold pay19 ment of the claim until the owner applies for a

20 salvage title or nonrepairable vehicle certificate.

21 ‘‘(D) If a leased passenger motor vehicle

22 incurs damage requiring the vehicle to be titled

23 as a salvage vehicle or nonrepairable vehicle,

24 the lessor must apply for a salvage title or

25 nonrepairable vehicle certificate within 21 days
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1 after being notified by the lessee that the vehi2 cle has been so damaged, except when an insur3 ance company, pursuant to a damage settle4 ment, acquires ownership of the vehicle. The

5 lessee of such vehicle shall inform the lessor

6 that the leased vehicle has been so damaged

7 within 30 days after the occurrence of the dam8 age.

9 ‘‘(E) Any person acquiring ownership of a

10 damaged passenger motor vehicle that meets

11 the definition of a salvage or nonrepairable ve12 hicle for which a salvage title or nonrepairable

13 vehicle certificate has not been issued, must

14 apply for a salvage title or nonrepairable vehicle

15 certificate, whichever is applicable. This appli16 cation must be made before the vehicle is fur17 ther transferred, but in any event, within 30

18 days after ownership is acquired. The require19 ments of this subparagraph shall not apply to

20 any scrap metal processor which acquires a pas21 senger motor vehicle for the sole purpose of

22 processing it into prepared grades of scrap and

23 which so processes such vehicle.

24 ‘‘(F) State records shall note when a

25 nonrepairable vehicle certificate is issued. No
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1 State shall issue a nonrepairable vehicle certifi2 cate after 2 transfers of ownership.

3 ‘‘(G) When a passenger motor vehicle has

4 been flattened, baled, or shredded, whichever

5 comes first, the title or nonrepairable vehicle

6 certificate for the vehicle shall be surrendered

7 to the State within 30 days. If the second

8 transferee on a nonrepairable vehicle certificate

9 is unequipped to flatten, bale, or shred the vehi10 cle, such transferee must, at the time of final

11 disposal of the vehicle, use the services of a pro12 fessional automotive recycler or professional

13 scrap processor who is hereby authorized to

14 flatten, bale, or shred the vehicle and to effect

15 the surrender of the nonrepairable vehicle cer16 tificate to the State on behalf of such second

17 transferee. State records shall be updated to in18 dicate the destruction of such vehicle and no

19 further ownership transactions for the vehicle

20 will be permitted. If different than the State of

21 origin of the title or nonrepairable vehicle cer22 tificate, the State of surrender shall notify the

23 State of origin of the surrender of the title or

24 nonrepairable vehicle certificate and of the de25 struction of such vehicle.
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1 ‘‘(H) When a salvage title is issued, the

2 State records shall so note. No State shall per3 mit the retitling for registration purposes or is4 suance of a rebuilt salvage title for a passenger

5 motor vehicle with a salvage title without a cer6 tificate of inspection, which complies with the

7 security and guideline standards established by

8 the Secretary pursuant to paragraphs (3) and

9 (7), as applicable, indicating that the vehicle

10 has passed the inspections required by the

11 State. This subparagraph does not preclude the

12 issuance of a new salvage title for a salvage ve13 hicle after a transfer of ownership.

14 ‘‘(I) After a passenger motor vehicle titled

15 with a salvage title has passed the inspections

16 required by the State, the inspection official will

17 affix the secure decal required pursuant to sec18 tion 33301(4) to the driver’s door jamb of the

19 vehicle and issue to the owner of the vehicle a

20 certificate indicating that the passenger motor

21 vehicle has passed the inspections required by

22 the State. The decal must comply with the per23 manency requirements established by the Sec24 retary.
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1 ‘‘(J) The owner of a passenger motor vehi2 cle titled with a salvage title may obtain a re3 built salvage title and vehicle registration by

4 presenting to the State the salvage title, prop5 erly assigned, if applicable, along with the cer6 tificate that the vehicle has passed the inspec7 tions required by the State. With such proper

8 documentation and upon request, a rebuilt sal9 vage title and registration shall be issued to the

10 owner. When a rebuilt salvage title is issued,

11 the State records shall so note.

12 ‘‘(10) A seller of a passenger motor vehicle that

13 becomes a flood vehicle shall, at or prior to the time

14 of transfer of ownership, give the buyer a written

15 notice that the vehicle is a flood vehicle. At the time

16 of the next title application for the vehicle, disclosure

17 of the flood status shall be provided to the applicable

18 State with the properly assigned title and the word

19 ‘‘Flood’’ shall be conspicuously labeled across the

20 front of the new title.

21 ‘‘(11) In the case of a leased passenger motor

22 vehicle, the lessee, within 15 days of the occurrence

23 of the event that caused the vehicle to become a

24 flood vehicle, shall give the lessor written disclosure

25 that the vehicle is a flood vehicle.
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1 ‘‘(c) ELECTRONIC PROCEDURES.—A State may em2 ploy electronic procedures in lieu of paper documents

3 whenever such electronic procedures provide the same in4 formation, function, and security otherwise required by

5 this section.

6 ‘‘§ 33303. Funding

7 ‘‘(a) IN GENERAL.—Funds otherwise made available

8 to the States for the promotion of highway safety may be

9 used to defray the direct costs of establishing new proce10 dures for compliance with section 33302.

11 ‘‘(b) REPORT.—The Secretary shall, contempora12 neously with the issuance of a final rule pursuant to sec13 tion 33302(b), report to the President of the Senate and

14 the Speaker of the House of Representatives whether the

15 costs to the States of compliance with such rule can be

16 met by user fees for issuance of titles, issuance of registra17 tions, issuance of duplicate titles, inspection of rebuilt ve18 hicles, or for the State services, or by earmarking any

19 moneys collected through law enforcement action to en20 force requirements established by such rule. If such costs

21 cannot be so met, user fees should be mandated at the

22 Federal level but retained by the States to cover the direct

23 costs to comply with such rule.
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1 ‘‘§ 33304. Petitions for extensions of time

2 ‘‘The Secretary may grant a State, for good cause

3 shown, an extension of time to comply with the require4 ments established in section 33302(a). No such extension

5 shall remain in effect on or after the compliance date es6 tablished pursuant to section 33302(b).

7 ‘‘§ 33305. Effect on state law

8 ‘‘(a) IN GENERAL.—Effective on the date the rule

9 promulgated pursuant to section 33302 becomes effective,

10 the provisions of this chapter shall preempt all State laws,

11 to the extent they are inconsistent with the provisions of

12 this chapter or the rule promulgated pursuant to section

13 33302, which—

14 ‘‘(1) set forth the form of the passenger motor

15 vehicle title;

16 ‘‘(2) define, in connection with a passenger

17 motor vehicle (but not in connection with a pas18 senger motor vehicle part or part assembly separate

19 from a passenger motor vehicle), any term defined

20 in section 33301 or the terms ‘salvage’, ‘junk’, ‘re21 constructed’, ‘nonrepairable’, ‘unrebuildable’, ‘scrap’,

22 ‘parts only’, ‘rebuilt’, ‘flood’, or any other symbol or

23 word of like kind, or apply any of those terms to any

24 passenger motor vehicle (but not to a passenger

25 motor vehicle part or part assembly separate from a

26 passenger motor vehicle); and
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1 ‘‘(3) set forth titling, recordkeeping, anti-theft

2 inspection, or control procedures in connection with

3 any salvage vehicle, rebuilt salvage vehicle,

4 nonrepairable vehicle, or flood vehicle defined in sec5 tion 33301.

6 ‘‘(b) CONSTRUCTION.—Additional disclosures of a

7 passenger motor vehicle’s title status or history, in addi8 tion to the terms defined in section 33301, shall not be

9 deemed inconsistent with the provisions of this title. When

10 used in connection with a passenger motor vehicle (but

11 not in connection with a passenger motor vehicle part or

12 part assembly separate from a passenger motor vehicle),

13 any definition of a term defined in section 33301 which

14 is different than the definition in that section or any use

15 of any term listed in subsection (a), but not defined in

16 section 33301, shall be deemed inconsistent with the provi17 sions of this chapter. Nothing in this chapter shall pre18 clude a State from disclosing on a rebuilt salvage title that

19 a rebuilt salvage vehicle has passed a State safety inspec20 tion which differed from the nationally uniform criteria

21 to be promulgated pursuant to section 33302(b)(7).

22 ‘‘§ 33306. Civil and criminal penalties

23 ‘‘(a) PROHIBITED ACTS.—It shall be unlawful for any

24 person knowingly and willfully to—
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1 ‘‘(1) make or cause to be made any false state2 ment on an application for a title (or duplicate title)

3 for a passenger motor vehicle;

4 ‘‘(2) fail to apply for a salvage title when such

5 an application is required;

6 ‘‘(3) alter, forge, or counterfeit a certificate of

7 title (or an assignment thereof), a nonrepairable ve8 hicle certificate, a certificate verifying an anti-theft

9 inspection or an anti-theft and safety inspection, or

10 a decal affixed to a passenger motor vehicle pursu11 ant to section 33302(b)(9)(I);

12 ‘‘(4) falsify the results of, or provide false infor13 mation in the course of, an inspection conducted

14 pursuant to section 33302(b)(7);

15 ‘‘(5) offer to sell any salvage vehicle or

16 nonrepairable vehicle as a rebuilt salvage vehicle; or

17 ‘‘(6) conspire to commit any of the acts enu18 merated in paragraphs (1), (2), (3), (4), and (5).

19 ‘‘(b) CIVIL PENALTY.—Any person who commits an

20 unlawful act as provided in subsection (a) of this section

21 shall be fined a civil penalty of up to $2,000 per offense.

22 ‘‘(c) CRIMINAL PENALTY.—Any person who commits

23 an unlawful act as provided in subsection (a) of this sec24 tion shall be fined up to $50,000 or sentenced up to 3

25 years imprisonment or both, per offense.’’.
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1 SEC. 4. DOCUMENTATION REQUIRED TO EXPORT CERTAIN

2 VEHICLES.

3 Section 627(b) of the Tariff Act of 1930 (19 U.S.C.

4 1627a(b)) is amended to read as follows:

5 ‘‘(b)(1) Customs officers shall not allow the export

6 of a self-propelled vehicle from the United States by trans7 port, unless the exporter presents proof of ownership to

8 a Customs officer. Proof of ownership shall be limited to

9 an unencumbered title or nonrepairable vehicle certificate

10 issued by a governmental jurisdiction or to a manufactur11 er’s statement of origin. If the self-propelled vehicle title

12 is encumbered, the exporter must also present written per13 mission from the lienholder to export the self-propelled ve14 hicle. Customs officers shall not allow export of any self15 propelled vehicle prior to verifying that the self-propelled

16 vehicle has not been reported stolen. Customs officers will

17 provide the vehicle identification number for all self-pro18 pelled vehicles that are exported to the National Crime

19 Information Center and the National Automobile Title In20 formation System.

21 ‘‘(2) Failure of a person attempting to export a self22 propelled vehicle to comply with this subsection shall sub23 ject such person to a civil penalty of not more than $500

24 for each violation.’’.

Æ

HR 2900 IH1S——2