I
105TH CONGRESS
1ST SESSION
H. R. 1720
To improve transportation safety, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 22, 1997
Mr. DINGELL (for himself and Mr. OBERSTAR) (both by request), introduced
the following bill; which was referred to the Committee on Transportation
and Infrastructure, and in addition to the Committees on Commerce, and
the Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To improve transportation safety, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49,
UNITED STATES CODE; TABLE OF CONTENTS.
(a) SHORT TITLE.—Titles IX through XIV of this
Act may be cited as the ‘‘Surface Transportation Safety
Act of 1997’’.
(b) AMENDMENT
OF TITLE 49, UNITED STATES
CODE.—Except as otherwise expressly provided, whenever
in titles IX through XIV an amendment or repeal is ex-
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pressed in terms of an amendment to, or a repeal of, a
section or other provision, the reference shall be consid-
ered to be made to a section or other provision of title
49, United States Code.
(c) TABLE OF CONTENTS.—
Sec. 1. Short title; amendment of title 49, United States Code; table of con-
tents.
Sec. 2. Awards.
TITLE IX—TRAFFIC SAFETY
Sec. 9001. Amendment to title 23 (Primary Safety Belt Use).
Sec. 9002. Amendments to chapter 301 (Motor Vehicle Safety).
Sec. 9003. Amendments to chapter 323 (Consumer Information).
Sec. 9004. Amendment to chapter 329 (Automobile Fuel Economy).
Sec. 9005. Amendments to chapter 331 (Theft Prevention).
Sec. 9006. Titling and control of severely damaged passenger motor vehicles.
TITLE X—HAZARDOUS MATERIALS REAUTHORIZATION
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Handling criteria repeal.
Sec. 10004. Training.
Sec. 10005. Registration.
Sec. 10006. Highway transportation of hazardous materials.
Sec. 10007. Shipping paper retention.
Sec. 10008. Training curriculum.
Sec. 10009. Planning and training grants.
Sec. 10010. Special permits and exclusions.
Sec. 10011. Administration.
Sec. 10012. Cooperative agreements.
Sec. 10013. Enforcement.
Sec. 10014. Penalties.
Sec. 10015. Preemption.
Sec. 10016. Judicial review.
Sec. 10017. Authorization of appropriations.
TITLE XI—UNDERGROUND DAMAGE PREVENTION
Sec. 11001. Short title.
Sec. 11002. Underground damage prevention.
Sec. 11003. Technical amendment.
TITLE XII—SANITARY FOOD TRANSPORTATION
Sec. 12001. Short title.
Sec. 12002. Findings.
Sec. 12003. Health and Human Services responsibilities.
Sec. 12004. DOT responsibilities.
Sec. 12005. Effective date.
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TITLE XIII—RAIL AND MASS TRANSPORTATION ANTI-TERRORISM
Sec. 13001. Short title.
Sec. 13002. Purpose.
Sec. 13003. ‘‘Wrecking trains’’ statute.
Sec. 13004. Attacks against mass transportation.
Sec. 13005. Investigative jurisdiction.
TITLE XIV—RAIL AND MASS TRANSPORTATION SAFETY
Sec. 14001. Safety considerations in grants or loans to commuter railroads.
Sec. 14002. Accident and incident reporting.
Sec. 14003. Vehicle weight limitations—mass transportation buses.
SEC. 2. AWARDS.
(a) Section 326 is amended by—
(1) adding the following after subsection (d):
‘‘(e) For the purpose of executing the powers and du-
ties of the Department, and as a means to encourage safe-
ty improvements by making special or periodic awards, the
Secretary may provide for the honorary recognition of in-
dividuals and organizations that significantly contribute to
programs, missions, or operations, including State and
local governments, transportation unions, and commercial
and nonprofit organizations, and pay for plaques, medals,
trophies, badges, and similar items to acknowledge the
contribution, including reasonable expenses of ceremony
and presentation, using any appropriations or other funds
available to the Department and its agencies.’’; and
(2) in the catchline for the section, inserting
‘‘and awards’’ after ‘‘Gifts’’.
(b) In item 326 of the analysis of chapter 3, strike—
‘‘Gifts.’’
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and substitute—
‘‘Gifts and awards.’’.
TITLE IX—TRAFFIC SAFETY
SEC. 9001. AMENDMENT TO TITLE 23, UNITED STATES
CODE.
Section 402 of title 23, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(p) TRANSFER OF FUNDS AND PERFORMANCE OP-
TION: PRIMARY SAFETY BELT USE.—
‘‘(1) TRANSFER.—
‘‘(A) FISCAL YEAR 2002.—If, by the last
day of fiscal year 2002, a State has not enacted
and had in continuous effect a primary enforce-
ment safety belt use law described in subsection
(m), the Secretary shall transfer 11⁄2 percent of
the funds apportioned to the State for fiscal
year 2003 under each of paragraphs (1), (3),
and (5)(B) of section 104(b) of this title to the
apportionment of the State under section 402
of this title. These transferred funds may be
used only for occupant protection programs.
‘‘(B) THEREAFTER.—If, by the last day of
any fiscal year beginning after September 30,
2002, a State has not enacted and had in con-
tinuous effect a primary enforcement safety belt
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use law described in subsection (m), the Sec-
retary shall transfer 3 percent of the funds ap-
portioned to the State for the succeeding fiscal
year under each of paragraphs (1), (3), and
(5)(B) of section 104(b) of this title to the ap-
portionment of the State under section 402 of
this title. These transferred funds may be used
only for occupant protection programs.
‘‘(2) FEDERAL SHARE.—The Federal share of
the cost of any project carried out under section 402
of this title with funds transferred to the apportion-
ment of section 402 shall be 100 percent.
‘‘(3) TRANSFER OF OBLIGATION AUTHORITY.—
If the Secretary transfers under this subsection any
funds to the apportionment of a State under section
402 of this title for a fiscal year, the Secretary shall
allocate an amount of obligation authority distrib-
uted for such fiscal year to the State for Federal-
aid highways and highway construction programs for
carrying out only projects under section 402, which
is determined by multiplying—
‘‘(A) the amount of funds transferred to
the apportionment of section 402 of the State
under section 402 for such fiscal year, by
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‘‘(B) the ratio of the amount of obligation
authority distributed for such fiscal year to the
State for its Federal-aid highways and highway
construction programs to the total of the sums
apportioned to the State for its Federal-aid
highways and highway construction programs
(excluding sums not subject to any obligation
limitation) for such fiscal year.
‘‘(4) LIMITATION ON APPLICABILITY OF HIGH-
WAY
SAFETY
OBLIGATIONS.—Notwithstanding any
other provision of law, no limitation on the total of
obligations for highway safety programs under sec-
tion 402 of this title shall apply to funds transferred
under this subsection to the State apportionment of
section 402.
‘‘(5) PERFORMANCE
OPTION.—Paragraph (1)
of this subsection shall not apply to a State in a fis-
cal year beginning after September 30, 2002, if the
Secretary certifies before each such fiscal year that
the State has a statewide safety belt use rate of 85
percent or higher in both front outboard seating po-
sitions in all passenger motor vehicles, as defined in
subsection (m) of this section. The State shall docu-
ment its safety belt use rate by conducting an an-
nual survey that conforms to guidelines issued by
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the Secretary ensuring that measurements are accu-
rate and representative. The Secretary shall use this
survey and may use additional surveys or other rel-
evant information as necessary in deciding whether
to certify that the State’s safety belt use rate is 85
percent or higher.
‘‘(6) DEFINITION.—For the purposes of this
subsection, the term ‘safety belt’ means—
‘‘(A) with respect to open-body passenger
vehicles, including convertibles, an occupant re-
straint system, consisting of a lap belt or a lap
belt and a detachable shoulder belt; and
‘‘(B) with respect to other passenger vehi-
cles, an occupant restraint system consisting of
integrated lap shoulder belts.’’.
SEC. 9002. AMENDMENTS TO CHAPTER 301 (MOTOR VEHI-
CLE SAFETY).
(a) Section 30113(d) is amended by striking ‘‘only
if the Secretary determines the exemption is for not more
than 2,500 vehicles’’ and inserting ‘‘for the number of ve-
hicles the Secretary determines is appropriate.’’
(b) Section 30118 is amended by striking the second
sentence of subsection (d).
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(c) Section 30120(i)(1) is amended by inserting ‘‘(in-
cluding retailers of motor vehicle equipment)’’ after ‘‘deal-
er’’ the first time it appears.
(d) Section 30123 is amended by striking subsections
(a), (b), and (c) and by redesignating subsections (d), (e),
and (f) as (a), (b), and (c), respectively.
(e) Section 30127(g)(1) is amended by striking
‘‘every 6 months’’ and inserting ‘‘biennially’’.
(f) Chapter 301 is amended by adding at the end the
following new section:
§ 30148. International motor vehicle safety outreach
(a) ACTIVITIES.—The Secretary is authorized, in
consultation with the Secretaries of State and Commerce
where appropriate, to engage in activities that improve
worldwide motor vehicle safety through appropriate activi-
ties. 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 and/or
functionally equivalent or compatible motor vehicle
regulations and standards to otherwise improve
international highway and motor vehicle safety;
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‘‘(3) promoting international cooperative pro-
grams for conducting research, development, dem-
onstration projects, training, and other forms of
technology transfer and exchange, including safety
conferences, seminars, and/or expositions to enhance
international motor vehicle safety; and
‘‘(4) providing technical assistance to other
countries relating to their adoption of United States
vehicle regulations or standards functionally equiva-
lent to United States vehicle standards.
‘‘(b) COOPERATION.—The Secretary may carry out
the authority granted by this section, in cooperation with
appropriate 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 equip-
ment sold in the United States.’’
SEC. 9003. AMENDMENTS TO CHAPTER 323 (CONSUMER IN-
FORMATION).
(a) Section 32302 is amended by striking subsection
(c).
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(b) Section 32303 is repealed.
SEC. 9004. AMENDMENT TO CHAPTER 329 (AUTOMOBILE
FUEL ECONOMY).
Section 32907(a)(2) is amended to read as follows:
‘‘(2) A manufacturer shall submit a report
under paragraph (1) of this subsection during the
30 days before the beginning of each model year.’’
SEC. 9005. AMENDMENTS TO CHAPTER 331 (THEFT PREVEN-
TION).
(a) Section 33104(a)(6) is repealed.
(b) Section 33112 is repealed.
SEC. 9006. TITLING AND CONTROL OF SEVERELY DAMAGED
PASSENGER MOTOR VEHICLES.
(a) IN GENERAL.—Part A of subtitle VI is amended
by adding after chapter 305 the following new chapter:
‘‘CHAPTER 307—TITLING AND CONTROL OF SEVERELY DAMAGED
PASSENGER MOTOR VEHICLES
‘‘Sec.
‘‘30701. Definitions.
‘‘30702. Titling disclosure requirements on the transfer of passenger motor ve-
hicles; duplicate titles.
‘‘30703. Requirements for a salvage title and a nonrepairable motor vehicle cer-
tificate and their cancellation.
‘‘30704. Requirements for titling rebuilt salvage passenger motor vehicles.
‘‘30705. Inspection criteria for rebuilt salvage passenger motor vehicles.
‘‘30706. Prohibited acts.
‘‘30707. Penalties and enforcement.
‘‘30708. Civil actions by private persons.
‘‘30709. Relationship to State law.
‘‘§ 30701. Definitions
‘‘In this chapter—
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‘‘(1) ‘flood motor vehicle’ means a motor vehicle
that has been submerged in water to the point that
rising water has reached over its door sill or has en-
tered its passenger or trunk compartment.
‘‘(2) ‘flood motor vehicle title’ means a certifi-
cate of title issued by a State to the owner of a flood
motor vehicle.
‘‘(3) ‘junk motor vehicle’ has the meaning given
that term in section 30501(4) of this title.
‘‘(4) ‘leased motor vehicle’ has the meaning
given that term in section 32702(4) of this title.
‘‘(5) ‘motor vehicle’ has the meaning given that
term in section 32101(7) of this title.
‘‘(6) ‘nonrepairable motor vehicle’ means a
motor vehicle that shall not be titled due to—
‘‘(A) inability to operate safely on streets,
roads, and highways;
‘‘(B) having no value except as a source of
parts or scrap; or
‘‘(C) having been irrevocably designated as
a source of parts or scrap by its owner.
‘‘(7) ‘nonrepairable motor vehicle certificate’
means a certificate of title that—
‘‘(A) is issued by a State to the owner of
a nonrepairable motor vehicle; and
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‘‘(B) may only be used twice for the trans-
fer of ownership.
‘‘(8) ‘rebuilt salvage motor vehicle’ means a
motor vehicle that—
‘‘(A) was issued a salvage title;
‘‘(B) has passed State inspections to en-
sure that it was rebuilt to required standards;
‘‘(C) was issued a State certificate indicat-
ing that it has passed State inspections; and
‘‘(D) has a permanent, easily identified
brand stating ‘Rebuilt Salvage Motor Vehicle—
Inspections Passed’ fixed to the driver’s door
jamb.
‘‘(9) ‘rebuilt salvage title’ means a certificate of
title issued by a State to the owner of a rebuilt sal-
vage motor vehicle.
‘‘(10) ‘salvage motor vehicle’ means a motor ve-
hicle that is—
‘‘(A) wrecked, destroyed, or damaged, to
the extent that the total estimated cost of parts
and labor to rebuild or reconstruct the motor
vehicle to its preaccident condition and for legal
operation on the roads or highways exceeds 75
percent of the retail value of the motor vehicle
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prior to its having been wrecked, destroyed, or
damaged; or
‘‘(B) acquired by an insurance carrier pur-
suant to a damage settlement.
‘‘(11) ‘salvage title’ means a certificate of title
issued by a State to the owner of a salvage motor
vehicle.
‘‘(12) ‘severely damaged motor vehicle’ means a
motor vehicle that is defined as ‘salvage’, ‘nonrepair-
able’, or ‘flood’.
‘‘(13) ‘transfer’ has the meaning given that
term in section 32702(8).
‘‘§ 30702. Titling disclosure requirements on the
transfer of passenger motor vehicles; du-
plicate titles
‘‘(a)(1) When the ownership of a passenger motor ve-
hicle is transferred, the State in which the transfer takes
place shall disclose, by conspicuously marking on the cer-
tificate of title, from records readily accessible to it—
‘‘(A) if the motor vehicle was previously issued
a certificate of title or a nonrepairable motor vehicle
certificate that bore a word or symbol signifying that
the motor vehicle was ‘junk’, ‘salvage’, ‘rebuilt sal-
vage’, ‘nonrepairable’, ‘flood’, or any other word or
symbol signifying damage, and
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‘‘(B) the State that first issued such a certifi-
cate of title.
‘‘(2) The Secretary shall require, by rule, as soon as
practicable after the enactment of this chapter, the man-
ner in which, and the date by which, a State shall disclose
on subsequent certificates of title, including a duplicate
or replacement, the information described in paragraph
(a)(1), and the manner in which such information shall
be retained by a State, to ensure an orderly transition to
the National Motor Vehicle Title Information System es-
tablished under chapter 305 of this title.
‘‘(b)(1) Before a duplicate or replacement certificate
of title for a passenger motor vehicle is issued, a State
shall implement procedures that—
‘‘(A) prohibit over-the-counter issuance of a du-
plicate or replacement certificate of title to anyone
other than the owner of the motor vehicle; and
‘‘(B) require the duplicate or replacement cer-
tificate of title to be mailed to a requested address,
when a power of attorney is exercised, and a notifi-
cation of this action sent to the owner of the motor
vehicle.
‘‘(2) When a duplicate or replacement certificate of
title for a passenger motor vehicle is issued, the State that
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issues it shall conspicuously mark it with the word ‘DU-
PLICATE’ on its face.
‘‘(3) The Secretary shall require, by rule, as soon as
practicable after the enactment of this chapter, the man-
ner in which, and the date by which, a State shall mark
duplicate or replacement certificates of title for passenger
motor vehicles with the information described in this sub-
section, and the manner in which such information shall
be retained by a State, to ensure an orderly transition to
the National Motor Vehicle Title Information System es-
tablished under chapter 305 of this title.
‘‘§ 30703. Requirements for a salvage title and a non-
repairable motor vehicle certificate and
their cancellation
‘‘(a) INSURANCE CARRIER ACTIONS.—(1) When the
ownership of a severely damaged passenger motor vehicle
is transferred to an insurance carrier, pursuant to a dam-
age settlement, and the damage to the motor vehicle re-
quires that is be titled either as a salvage motor vehicle
or a nonrepairable motor vehicle, the insurance carrier
shall apply to the State in which the transfer takes place,
within 15 days of the date of the transfer (with all liens
released), for a salvage title or a nonrepairable motor vehi-
cle certificate.
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‘‘(2) If the ownership of a severely damaged pas-
senger motor vehicle is not transferred to an insurance
carrier, pursuant to a damage settlement, and the damage
to the motor vehicle requires that it be titled either as
a salvage motor vehicle or a nonrepairable motor vehicle,
the insurance carrier shall provide written notification to
the owner: (i) of the owner’s obligation to apply for a sal-
vage title or a nonrepairable motor vehicle certificate and
also notify the State’s office for titling motor vehicles that
a salvage title or a nonrepairable motor vehicle certificate
must be issued for the motor vehicle; or (ii) that the insur-
ance carrier will withhold any payment on the damage set-
tlement until the owner applies for a salvage title or a
nonrepairable motor vehicle certificate.
‘‘(b) OWNER ACTIONS.—When an insurance carrier
is not involved in a damage settlement regarding a pas-
senger motor vehicle that is damaged severely to the ex-
tent that it must be titled either as a salvage motor vehicle
or a nonrepairable motor vehicle, or a person becomes the
owner of such a motor vehicle, the owner shall, before the
motor vehicle is repaired or its ownership is further trans-
ferred, apply for a salvage title or a nonrepairable motor
vehicle certificate, no later than 30 days after the date
of the damage or its transfer, as appropriate.
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vage title has been issued may not be licensed for used
in a State unless the State issues a rebuilt salvage title
for it, indicating that—
‘‘(1) the passenger motor vehicle has met State
inspection standards established in accordance with
regulations prescribed by the Secretary, pursuant to
section 30705, and that a certificate of inspection
that records this compliance on its face has been is-
sued to the motor vehicle’s owner; and
‘‘(2) the passenger motor vehicle’s door jamb on
the driver’s side has secured on it a permanent label,
stating ‘Rebuilt Salvage Motor Vehicle—Inspections
Passed’, affixed by an inspection official of the
State.
‘‘§ 30705. Inspection criteria for rebuilt salvage pas-
senger motor vehicles
‘‘(a) ANTITHEFT INSPECTION.—(1) The Secretary of
Transportation shall, as soon as practicable after the en-
actment of this chapter, establish standards and proce-
dures for the anti-theft inspection of rebuilt salvage pas-
senger motor vehicles by State inspection systems, includ-
ing the training of inspectors and equipment standards,
to deter the use of stolen parts in the rebuilding and repair
of salvage motor vehicles.
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‘‘(2) The standards and procedures shall include re-
quirements directing that the passenger motor vehicle’s
owner submit—
‘‘(A) the salvage title for the motor vehicle;
‘‘(B) a declaration of the damages to the motor
vehicle and the replacement parts used in its repair,
prior to its being repaired, as evidenced by bills of
sale, invoices, or if such documents are not available,
other proofs of ownership; and
‘‘(C) an affirmation that the information in
paragraph (2)(B) is complete and accurate and, to
the owner’s knowledge, no stolen parts were used to
rebuild and repair it.
‘‘(3) The standards and procedures shall include re-
quirements directing that the State inspection system
seize as contraband a passenger motor vehicle, a major
part, or a major replacement part, required to be marked
in accordance with chapter 331 of this title, but which has
had its mark or vehicle identification number illegally al-
tered, defaced, or falsified, and cannot be identified as
having been obtained legally, as evidenced by bills of sale,
invoices, or other ownership documents.
‘‘(4) The Secretary shall coordinate with the Attorney
General in carrying out the Secretary’s duties under this
subsection.
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‘‘(b) SAFETY INSPECTION.—The Secretary shall, as
soon as practicable after the enactment of this chapter,
establish standards and procedures for the safety inspec-
tion of rebuilt salvage passenger motor vehicles by State
inspection systems, including the training of inspectors
and equipment standards, in order to reduce death and
injuries attributable to failure or inadequate performance
of rebuilt salvage passenger motor vehicle systems.
‘‘(c) FEES.—State inspections established and oper-
ated pursuant to this section shall be self-sufficient, paid
for by user fees collected and retained by the States.
‘‘§ 30706. Prohibited acts
‘‘A person may not—
‘‘(1) with intent to defraud, alter a certificate
of title, including a duplicate or a replacement;
‘‘(2) with intent to defraud, make or cause to
be made any false statement on an application for
a certificate of title, including a duplicate or a re-
placement;
‘‘(3) fail to apply, within the prescribed time
and manner, for either a salvage title or a non-
repairable motor vehicle certificate for a passenger
motor vehicle when such an application is required;
‘‘(4) fail to provide any written notification
when such written notification is required;
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‘‘(5) fail to surrender a certificate of title or
nonrepairable motor vehicle certificate when such
surrender is required;
‘‘(6) alter, forge, or counterfeit a certificate of
title, a certificate of inspection recording compliance
with a State’s inspection criteria for a rebuilt sal-
vage passenger motor vehicle, or a State’s perma-
nent label, stating ‘Rebuilt Salvage Motor Vehicle—
Inspections Passed’;
‘‘(7) falsify the results of, or provide false infor-
mation in the course of, any inspection conducted
pursuant to section 30705;
‘‘(8) operate or introduce into commerce a sal-
vage motor vehicle or a nonrepairable motor vehicle
as a rebuilt salvage passenger motor vehicle;
‘‘(9) conspire to violate this section or sections
30703, 30704, or 30705 of this chapter; or
‘‘(10) fail to comply with applicable regulations
prescribed the Secretary in carrying out this chap-
ter.
‘‘§ 30707. Penalties and enforcement
‘‘(a) CIVIL PENALTY.—(1) A person that violates this
chapter or a regulation prescribed or an order issued
under this chapter is liable to the United States Govern-
ment for a civil penalty of not more than $2,000 for each
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violation. A separate violation occurs for each motor vehi-
cle involved. The maximum penalty under this subsection
for a related series of violations is $100,000.
‘‘(2) The Secretary of Transportation may impose a
civil penalty under this subsection. The Attorney General
may bring a civil action to collect the penalty. Before re-
ferring a penalty claim to the Attorney General, the Sec-
retary may compromise the amount of the penalty. Before
compromising the amount of the penalty, the Secretary
shall give the person charged with a violation an oppor-
tunity to establish that the violation did not occur.
‘‘(3) In determining the amount of the penalty, the
Secretary shall consider—
‘‘(A) the nature, circumstances, extent, and
gravity of the violation;
‘‘(B) with respect to the violator, the degree of
culpability, any history of prior violations, the ability
to pay, and any effect on the ability to continue
doing business; and
‘‘(C) other matters that justice requires.
‘‘(b) CRIMINAL PENALTY.—A person that knowingly
and willfully violates this chapter or a regulation pre-
scribed or an order issued under this chapter shall be fined
under title 18, United States Code, imprisoned for not
more than 3 years, or both. If the person is a corporation,
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the penalties of this subsection also apply to a director,
officer, or individual agent of a corporation who knowingly
and willfully authorizes, orders, or performs an act in vio-
lation of this chapter or a regulation prescribed or order
issued under this chapter without regard to penalties im-
posed on the corporation.
‘‘(c) CIVIL ACTION BY ATTORNEY GENERAL.—The
Attorney General may bring a civil action to enjoin a viola-
tion of this chapter or a regulation prescribed or an order
issued under this chapter. The action may be brought in
the United States district court for the judicial district
in which the violation occurred or the defendant is found,
resides, or does business. Process in the action may be
served in any other judicial district in which the defendant
resides or is found. A subpoena for a witness in the action
may be served in any judicial district.
‘‘(d) CIVIL ACTIONS BY STATES.—(1) When a person
violates this chapter or a regulation prescribed or an order
issued under this chapter, the chief law enforcement offi-
cer of the State in which the violation occurs may bring
a civil action—
‘‘(A) to enjoin the violation; or
‘‘(B) to recover amounts for which the person
is liable under this section for each person on whose
behalf the action is brought.
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‘‘(2) An action under this subsection may be brought
in an appropriate United States district court or in a State
court of competent jurisdiction. The action must be
brought not later than 2 years after the claim accrues.
‘‘§ 30708. Civil actions by private persons
‘‘(a) VIOLATION AND AMOUNT OF DAMAGES.—A per-
son that violates this chapter or a regulation prescribed
or an order issued under this chapter, with intent to de-
fraud, is liable for three times the actual damages or
$1,500, whichever is greater.
‘‘(b) CIVIL ACTIONS.—A person may bring a civil ac-
tion to enforce a claim under this section in an appropriate
United States district court or in another court of com-
petent jurisdiction. The action must be brought not later
than 2 years after the claim accrues. The court shall
award costs and a reasonable attorney’s fee to the person
when a judgment is entered for that person.
‘‘§ 30709. Relationship to State law
‘‘Except to the extent that State law is inconsistent
with this chapter and its implementing regulations, this
chapter does not—
‘‘(1) set forth the form of a State certificate of
title;
‘‘(2) affect a State law on titling, record-
keeping, inspection, or titling control procedures in