IB
Union Calendar No. 274
105TH CONGRESS
2D SESSION
H. R. 2691
[Report No. 105–477]
To reauthorize and improve the operations of the National Highway Traffic
Safety Administration.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 22, 1997
Mr. TAUZIN introduced the following bill; which was referred to the Committee
on Commerce
APRIL 1, 1998
Additional sponsor: Mr. FORBES
APRIL 1, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on October 22, 1997]
A BILL
To reauthorize and improve the operations of the National
Highway Traffic Safety Administration.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Highway Traf-
fic Safety Administration Reauthorization Act of 1998’’.
SEC. 2. AUTHORIZATIONS OF APPROPRIATIONS.
(a) MOTOR VEHICLE SAFETY ACTIVITIES.—Section
30104 of title 49, United States Code, is amended to read
as follows:
‘‘§ 30104. Authorization of appropriations
‘‘There is authorized to be appropriated to the Sec-
retary $81,200,000 for the National Highway Traffic Safe-
ty Administration to carry out this part in each fiscal year
beginning in fiscal year 1999 and ending in fiscal year
2001.’’.
(b) MOTOR VEHICLE INFORMATION ACTIVITIES.—Sec-
tion 32102 of title 49, United States Code, is amended to
read as follows:
‘‘§ 32102. Authorization of appropriations
‘‘There is authorized to be appropriated to the Sec-
retary $6,200,000 for the National Highway Traffic Safety
Administration to carry out this part in each fiscal year
beginning in fiscal year 1999 and ending in fiscal year
2001.’’.
SEC. 3. RESTRICTIONS ON LOBBYING ACTIVITIES.
(a) AMENDMENT.—Subchapter I of chapter 301 of title
49, United States Code, is amended by adding at the end
the following:
‘‘§ 30105. Restriction on lobbying activities
‘‘No funds appropriated to the Secretary pursuant to
section 30104 or 32102 may be available for any activity
specifically designed to urge a State or local legislator to
favor or oppose the adoption of any specific legislative pro-
posal pending before any State or local legislature.’’.
(b) CLERICAL AMENDMENT.—The table of contents in
subchapter I of chapter 301 of title 49, United States Code,
is amended by adding at the end the following:
‘‘30105.
Restriction on lobbying activities.’’.
SEC. 4. RISK AND BENEFIT DISCLOSURE.
(a) IN GENERAL.—Within one year of the date of the
enactment of this Act, the Secretary of Transportation shall
communicate to the public information regarding the rea-
sonable risks and benefits of any major device or element
of design to be installed on or in a motor vehicle or motor
vehicle equipment in compliance with a motor vehicle safety
standard issued under section 30111 of title 49, United
States Code, determined by the Secretary to be important
to the protection of motor vehicle occupants.
(b) NOTICE AND COMMENT.—In carrying out sub-
section (a), the Secretary of Transportation shall provide
notice that the Secretary is considering the means for carry-
ing out subsection (a) and shall provide opportunity for
comment on—
(1) the extent to which the information to be
communicated under subsection (a) can be commu-
nicated in a manner which is scientifically objective
and which relies upon scientific findings; and
(2) the extent to which such information can be
made available to consumers in a clear and easily
understandable format through the Internet, public li-
braries, and such other means as the Secretary may
deem appropriate.
(c) NO
REQUIREMENT.—Unless the Secretary of
Transportation determines that it is essential to ensuring
motor vehicle safety, the Secretary may not require a manu-
facturer or distributor to distribute any statement of rea-
sonable risks and benefits which the Secretary is to commu-
nicate under subsection (a).
SEC. 5. OCCUPANT PROTECTION PREFERENCES.
Section 30111 of title 49, United States Code is
amended by inserting after subsection (e) the following:
‘‘(f) SPECIAL CONSIDERATIONS RELATING TO OCCU-
PANT PROTECTION.—When prescribing or revising a motor
vehicle safety standard under this section or section 30127
relating to the protection of motor vehicle occupants under
this chapter, the Secretary shall, to the extent relevant and
practicable, design such standard to protect improperly re-
strained and positioned occupants only to the extent that
such a design would not substantially increase the risk of
injury to properly restrained and positioned occupants.’’.
SEC. 6. ODOMETERS.
(a) TRANSFERS OF NEW MOTOR VEHICLES.—Section
32705(a) of title 49, United States Code, is amended by
adding at the end the following:
‘‘(4)(A) This subsection shall apply to all transfers of
motor vehicles (unless otherwise exempted by the Secretary
by regulation), except in the case of transfers of new motor
vehicles from a vehicle manufacturer jointly to a dealer and
a person engaged in the business of renting or leasing vehi-
cles for a period of 30 days or less.
‘‘(B) For purposes of subparagraph (A), the term ‘new
motor vehicle’ means any motor vehicle driven with no more
than the limited use necessary in moving, transporting, or
road testing such vehicle prior to delivery from the vehicle
manufacturer to a dealer, but in no event shall the odometer
reading of such vehicle exceed 300 miles.’’.
(b) EXEMPTED VEHICLES.—Section 32705(a) of title
49, United States Code, as amended by subsection (a), is
amended by adding at the end the following new paragraph:
‘‘(5) The Secretary may exempt such classes or cat-
egories of vehicles as the Secretary deems appropriate from
these requirements. Until such time as the Secretary
amends or modifies the regulations set forth in 49 CFR
580.6, such regulations shall have full force and effect.’’.
SEC. 7. INTERNATIONAL HARMONIZATION.
(a) AMENDMENT.—Subchapter III of chapter 301 of
title 49, United States Code, is amended by adding at the
end the following:
‘‘§ 30148. International motor vehicle safety outreach
‘‘(a) ACTIVITIES.—The Secretary is authorized, in con-
sultation with the Secretaries of State and Commerce where
appropriate, to engage in activities that improve worldwide
motor vehicle safety through appropriate activities. Such
activities may include—
‘‘(1) promoting the adoption of international
and national vehicle standards that are harmonized
with, functionally equivalent to, or compatible with
United States vehicle standards;
‘‘(2) participating in efforts to foster an inter-
national acceptance of globally harmonized or func-
tionally equivalent or compatible motor vehicle regu-
lations and standards to otherwise improve inter-
national highway and motor vehicle safety;
‘‘(3) promoting international cooperative pro-
grams for conducting research, development, dem-
onstration projects, training, and other forms of tech-
nology transfer and exchange, including safety con-
ferences, seminars, and expositions to enhance inter-
national motor vehicle safety; and
‘‘(4) providing technical assistance to other coun-
tries relating to their adoption of United States vehi-
cle regulations or standards functionally equivalent to
United States vehicle standards.
‘‘(b) COOPERATION.—The Secretary may carry out the
authority granted by this section, in cooperation with ap-
propriate United States Government agencies, any State or
local agency, and any authority, association, institution,
corporation (profit or nonprofit), foreign government, mul-
tinational institution, or any other organization or person.
‘‘(c) CONSIDERATION.—When engaging in activities to
improve worldwide motor vehicle safety, the Secretary shall
ensure that these activities maintain or improve the level
of safety of motor vehicles and motor vehicle equipment sold
in the United States.
‘‘(d) PUBLIC MEETINGS AND INFORMATION.—To en-
sure public awareness of, and opportunity to comment on,
decision-making meetings concerning the adoption of a
globally harmonized motor vehicle regulation or standard,
described in subsection (a)(2), by an international body or
representatives of any foreign nation the Secretary shall—
‘‘(1) not less than quarterly, provide notice of,
and hold a public meeting to receive comments on the
subject matter of, any decision-making meetings
scheduled to be held with an international body or
representatives of any foreign nation before the next
public meeting required to be held under this para-
graph; and
‘‘(2) make available to the public any relevant
information and records, including any proposed text,
concerning the matter of any decision-making meet-
ings scheduled with an international body or rep-
resentatives of any foreign nation as those materials
become available.’’.
(b) CLERICAL AMENDMENT.—The table of contents in
subchapter III of chapter 301 of title 49, United States
Code, is amended by adding at the end the following:
‘‘30148.
International motor vehicle safety outreach.’’.
SEC. 8. MISCELLANEOUS AMENDMENTS.
(a) NOTIFICATION
OF DEFECTS
AND NONCOMPLI-
ANCE.—Sections 30118(d) and 30120(h) of title 49, United
States Code, are each amended by striking the second sen-
tence.
(b) REMEDIES FOR DEFECTS AND NONCOMPLIANCE.—
Section 30120(i)(1) of title 49, United States Code, is
amended by inserting ‘‘(including retailers of motor vehicle
equipment)’’ after ‘‘dealer’’ the first time it appears.
(c) TIRES.—Section 30123 of title 49, United States
Code, is amended by striking subsections (a), (b), and (c)
and by redesignating subsections (d), (e), and (f), as sub-
sections (a), (b), and (c), respectively.
(d) AUTOMATIC OCCUPANT CRASH PROTECTION AND
SEAT BELT USE.—Section 30127(g)(1) of title 49, United
States Code, is amended by striking ‘‘every 6 months’’ and
inserting ‘‘annually’’.
(e) MISCELLANEOUS.—
(1) DEFINITIONS.—
(A) 
COUNTRY
OF
ORIGIN.—Section
32304(a)(3)(B) of title 49, United States Code, is
amended by inserting before the period the fol-
lowing: ‘‘, plus the assembly and labor costs in-
curred for the final assembly of such engines and
transmissions’’.
(B) 
FINAL
ASSEMBLY
PLACE.—Section
32304(a)(5) of title 49, United States Code, is
amended is amended by adding at the end the
following: ‘‘Such term does not include facilities
for engine and transmission fabrication and as-
sembly and the facilities for fabrication of motor
vehicle equipment component parts which are
produced at the same final assembly place using
forming processes such as stamping, machining,
or molding processes.’’.
(C) OUTSIDE SUPPLIER CONTENT REPORT-
ING.—Section 32304(a)(9)(A) of title 49, United
States Code, is amended to read as follows:
‘‘(A) for an outside supplier—
‘‘(i) the full purchase price of pas-
senger motor vehicle equipment whose pur-
chase price contains at least 70 percent
value added in the United States and Can-
ada; or
‘‘(ii) that portion of the purchase price
of passenger motor vehicle equipment con-
taining less than 70 percent value added in
the United States and Canada that is at-
tributable to the percent value added in the
United States and Canada when such per-
cent is expressed to the nearest 5 percent;
and’’.
(2) COUNTRY OF ASSEMBLY.—Section 32304(d)
of title 49, United States Code, is amended by adding
at the end the following; ‘‘A manufacturer may add
to the label required under subsection (b) a line stat-
ing the country in which vehicle assembly was com-
pleted.’’.
(3) VEHICLE CONTENT PERCENTAGE BY ASSEM-
BLY PLANT.—Section 32304 of title 49, United States
Code, is amended by redesignating subsections (c)
through (f) as subsections (f) through (i), respectively,
and by adding after subsection (b) the following:
‘‘(c) VEHICLE CONTENT PERCENTAGE BY ASSEMBLY
PLANT.—A manufacturer may display separately on the
label required by subsection (b) the domestic content of a
vehicle based on the country in which the assembly plant
is located. Such display shall occur after the matter re-
quired to be in the label by subsection (b)(1)(A).’’.
(4) SUPPLIERS
FAILING
TO
REPORT.—Section
32304 of title 49, United States Code, is amended by
adding after subsection (c), as added by paragraph
(3), the following:
‘‘(d) VALUE ADDED DETERMINATION.—If a manufac-
turer or allied supplier requests information in a timely
manner from one or more of its outside suppliers concerning
the U.S./Canadian content of particular equipment, but
does not receive that information despite a good faith effort
to obtain it, the manufacturer or allied supplier may make
its own good faith value added determinations, subject to
the following:
‘‘(1) The manufacturer or allied supplier shall
make the same value added determinations as would
be made by the outside supplier, that is, whether 70
percent or more of the value of equipment is added in
the United States and/or Canada.
‘‘(2) The manufacturer or allied supplier shall
consider the amount of value added and the location
in which the value was added for all of the stages that
the outside supplier would be required to consider.
‘‘(3) The manufacturer or allied supplier may
determine that the value added in the United States
and/or Canada is 70 percent or more only if it has
a good faith basis to make that determination.
‘‘(4) A manufacturer and its allied suppliers
may, on a combined basis, make value added deter-
minations for no more than 10 percent, by value, of
a carline’s total parts content from outside suppliers.
‘‘(5) Value added determinations made by a
manufacturer or allied supplier under this paragraph
shall have the same effect as if they were made by the
outside supplier.
‘‘(6) This provision does not affect the obligation
of outside suppliers to provide the requested informa-
tion.’’.
(5) ACCOUNTING
FOR
THE
VALUE
OF
SMALL
PARTS.—Section 32304 of title 49, United States
Code, is amended by adding after subsection (d), as
added by paragraph (4), the following:
‘‘(e) SMALL PARTS.—The country of origin of nuts,
bolts, clips, screws, pins, braces, gasoline, oil, blackout,
phosphate rinse, windshield washer fluid, fasteners, tire as-
sembly fluid, rivets, adhesives, grommets, and any system,
subassembly, or component installed in a vehicle shall be
considered to be the country in which such parts were in-
cluded in the final assembly of such vehicle.’’.
(f) STUDY.—The National Highway Traffic Safety Ad-
ministration shall conduct a study of the benefits to motor
vehicle drivers of a regulation to require the installation
in a motor vehicle of an interior device to release the trunk
lid. Not later than 18 months after the date of the enactment
of this Act, the Administration shall submit a report on
the results of the study to the Committee on Commerce of
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate.
SEC. 9. IMPORTATION OF MOTOR VEHICLE FOR SHOW OR
DISPLAY.
(a) IMPORTATION OF NONCOMPLYING MOTOR VEHI-
CLES.—Section 30114 of title 49, United States Code, is
amended by striking ‘‘or competitive racing events’’ and in-
serting ‘‘competitive racing events, show, or display’’.
(b) TRANSITION RULE.—A person who is the owner
of a motor vehicle located in the United States on the date
of enactment of this Act may seek an exemption under sec-
tion 30114 of title 49, United States Code, as amended by
subsection (a) of this section, for a period of 6 months after
the date regulations of the Secretary of Transportation pro-
mulgated in response to such amendment take effect.
Union Calendar No. 274
105TH CONGRESS
2D SESSION
H. R. 2691
[Report No. 105–477]
A BILL
To reauthorize and improve the operations of the
National Highway Traffic Safety Administration.
APRIL 1, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed