I

106TH CONGRESS

2D SESSION H. R. 5164

To amend title 49, United States Code, to require reports concerning defects

in motor vehicles or tires or other motor vehicle equipment in foreign

countries, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 13, 2000

Mr. UPTON (for himself, Mr. TAUZIN, Mr. MARKEY, Mrs. WILSON, Mr. BOUCHER, Mr. WHITFIELD, Mr. GREEN of Texas, Mr. ROGAN, Mr. WAXMAN,

Mr. BILBRAY, Mr. FOSSELLA, Mr. GORDON, Ms. DEGETTE, Mr. LUTHER, Ms. ESHOO, and Ms. MCCARTHY of Missouri) introduced the following bill; which was referred to the Committee on Commerce

A BILL

To amend title 49, United States Code, to require reports

concerning defects in motor vehicles or tires or other

motor vehicle equipment in foreign countries, and for

other purposes.

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 ‘‘Transportation Recall

5 Enhancement, Accountability, and Documentation Act’’.
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1 SEC. 2. REPORTING OF DEFECTS IN MOTOR VEHICLES IN

2 FOREIGN COUNTRIES.

3 Section 30118 of title 49, United States Code, is

4 amended by adding at the end the following:

5 ‘‘(f) REPORTING OF DEFECTS IN MOTOR VEHICLES

6 AND PRODUCTS IN FOREIGN COUNTRIES.—

7 ‘‘(1) REPORTING OF DEFECTS.—

8 ‘‘(A) MANUFACTURER DETERMINATION.—

9 Not later than 5 days after determining to con10 duct a safety recall or other safety campaign in

11 a foreign country on a motor vehicle, tire, or

12 motor vehicle equipment that is also offered for

13 sale in the United States, the manufacturer

14 shall report the determination to the Secretary.

15 ‘‘(B) FOREIGN GOVERNMENT DETERMINA16 TION.—Not later than 5 days after receiving

17 notification that the government of a foreign

18 country has determined that a safety recall or

19 other safety campaign must be conducted in the

20 foreign country on a motor vehicle, tire, or

21 motor vehicle equipment that is also offered for

22 sale in the United States, the manufacturer

23 shall report the determination to the Secretary.

24 ‘‘(C) REPORTING REQUIREMENTS.—The

25 Secretary shall prescribe the contents of the no26 tification required by this paragraph.
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1 ‘‘(2) REPORTING OF POSSIBLE DEFECTS.—

2 Upon making a determination that there have been

3 a significant number of serious injuries or fatalities

4 in a foreign country caused by a defect in a motor

5 vehicle, tire, or motor vehicle equipment that is also

6 offered for sale in the United States that could be

7 related to motor vehicle safety (as determined in ac8 cordance with regulations promulgated by the Sec9 retary), the manufacturer of the United States

10 motor vehicle, tire, or motor vehicle equipment shall

11 report the determination to the Secretary in such

12 manner as the Secretary establishes by regulation.’’.

13 SEC. 3. TIRE MANUFACTURER REPORTING.

14 The Administrator of the National Highway Traffic

15 Safety Administration shall promulgate a rule requiring

16 manufacturers of tires to report periodically to the Admin17 istration data on claims submitted to the manufacturer

18 for personal injury (including death) and property damage

19 from alleged defects in the manufacturer’s tires. The rule

20 shall prescribe the rate at which such reports shall be

21 made.

22 SEC. 4. REMEDIES WITHOUT CHARGE.

23 Section 30120(g)(1) of title 49, United States Code,

24 is amended by striking ‘‘3 calendar years’’ and inserting

25 ‘‘5 calendar years’’.
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1 SEC. 5. CIVIL PENALTIES.

2 Section 30165 of title 49, United States Code, is

3 amended—

4 (1) in the first sentence by—

5 (A) inserting ‘‘(1)’’ after ‘‘PENALTY.—’’’;

6 (B) inserting ‘‘or’’ after ‘‘30127,’’

7 (C) striking ‘‘or 30166’’; and

8 (D) striking ‘‘$1,000’’ and inserting

9 ‘‘$5,000’’;

10 (2) in the third sentence, by striking ‘‘sub11 section’’ and inserting ‘‘paragraph’’ and by striking

12 ‘‘$800,000’’ and inserting ‘‘$4,000,000’’; and

13 (3) by adding at the end the following:

14 ‘‘(2) A person who violates section 30166 or a regula15 tion prescribed under that section is liable to the United

16 States for a civil penalty for failing or refusing to allow

17 or perform an act required under that section or regula18 tion. The maximum penalty under this paragraph is

19 $5,000 per violation per day. The maximum penalty under

20 this paragraph for a related series of daily violations is

21 $500,000.’’.

22 SEC. 6. ENDURANCE AND RESISTANCE STANDARDS FOR

23 TIRES.

24 The Administrator of the National Highway Traffic

25 Safety Administration shall conduct a rulemaking to re-
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1 vise and update the tire standard published at 49 C.F.R.

2 571.109 and 49 C.F.R. 571.119

3 SEC. 7. APPROPRIATION FOR OFFICE OF DEFECTS AND IN4 VESTIGATION.

5 There is authorized to be appropriated to the Office

6 of Defects and Investigation of the National Highway

7 Traffic Safety Administration $500,000 for fiscal year

8 2001.

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