I
105TH CONGRESS
1ST SESSION
H. R. 1839
To establish nationally uniform requirements regarding the titling and
registration of salvage, nonrepairable, and rebuilt vehicles.
IN THE HOUSE OF REPRESENTATIVES
JUNE 10, 1997
Mr. WHITE (for himself, Mr. TOWNS, Mr. HORN, Mr. NORWOOD, and Ms.
DUNN) introduced the following bill; which was referred to the Committee
on Commerce, and in addition to the Committee on the Judiciary, 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 com-
mittee concerned
A BILL
To establish nationally uniform requirements regarding the
titling and registration of salvage, nonrepairable, and
rebuilt vehicles.
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 Salvage
Motor Vehicle Consumer Protection Act of 1997’’.
SEC. 2. MOTOR VEHICLE TITLING AND DISCLOSURE RE-
QUIREMENTS.
Subtitle VI of title 49, United States Code, is amend-
ed by inserting a new chapter at the end:
‘‘Chapter 333—Automobile Safety and Title Disclosure Requirements
‘‘Sec.
‘‘33301. Definitions.
‘‘33302. Passenger motor vehicle titling.
‘‘33303. Disclosure and label requirements on transfer of salvage vehicles.
‘‘33304. Report on funding.
‘‘33305. Petitions for extensions of time.
‘‘33306. Effect on State law.
‘‘33307. Civil and criminal penalties.
‘‘33308. Actions by States.
‘‘§ 33301. Definitions
‘‘For the purposes of this chapter:
‘‘(1) PASSENGER MOTOR VEHICLE.—The term
‘passenger motor vehicle’ shall have the same mean-
ing given such term by section 32101(10).
‘‘(2) SALVAGE VEHICLE.—The term ‘salvage ve-
hicle’ means any passenger motor vehicle which—
‘‘(A) is a late model vehicle which has been
wrecked, destroyed, or damaged, to the extent
that the total estimated or actual cost of repairs
to rebuild or reconstruct the passenger motor
vehicle to its condition immediately before it
was wrecked, destroyed, or damaged, and for
legal operation on the roads or highways, ex-
ceeds 80 percent of the retail value of the pas-
senger motor vehicle;
‘‘(B) is a late model vehicle which has been
wrecked, destroyed, or damaged, and to which
an insurance company acquires ownership pur-
suant to a damage settlement (except in the
case of a settlement in connection with a recov-
ered stolen vehicle, unless such vehicle sus-
tained damage sufficient to meet the cost limit
prescribed by subparagraph (A); or
‘‘(C) the owner wishes to voluntarily des-
ignate as a salvage vehicle by obtaining a sal-
vage title, without regard to the level of dam-
age, age, or value of such vehicle or any other
factor, except that such designation by the
owner shall not impose on the insurer of the
passenger motor vehicle or on an insurer proc-
essing a claim made by or on behalf of the
owner of the passenger motor vehicle any obli-
gation or liability.
‘‘(3) SALVAGE TITLE.—The term ‘salvage title’
means a passenger motor vehicle ownership docu-
ment issued by the State to the owner of a salvage
vehicle. A salvage title shall be conspicuously labeled
with the word ‘salvage’ across the front.
‘‘(4) REBUILT SALVAGE VEHICLE.—The term
‘rebuilt salvage vehicle’ means—
‘‘(A) any passenger motor vehicle which
was previously issued a salvage title, has passed
State anti-theft inspection, has been issued a
certificate indicating that the passenger motor
vehicle has passed the required anti-theft in-
spection, has passed the State safety inspection
in those States requiring a safety inspection
pursuant to section 33302(b)(7), has been is-
sued a certificate indicating that the passenger
motor vehicle has passed the required safety in-
spection in those States requiring such a safety
inspection pursuant to section 33302(b)(7), and
has a decal stating ‘Rebuilt Salvage Vehicle—
Anti-theft and Safety Inspections Passed’ af-
fixed to the driver’s door jamb; or
‘‘(B) any passenger motor vehicle which
was previously issued a salvage title, has passed
a State anti-theft inspection, has been issued a
certificate indicating that the passenger motor
vehicle has passed the required anti-theft in-
spection, and has, affixed to the driver’s door
jamb, a decal stating ‘Rebuilt Salvage Vehicle—
Anti-theft Inspection Passed/No Safety Inspec-
tion Pursuant to National Criteria’ in those
States not requiring a safety inspection pursu-
ant to section 33302(b)(7).
‘‘(5) REBUILT SALVAGE TITLE.—The term ‘re-
built salvage title’ means the passenger motor vehi-
cle ownership document issued by the State to the
owner of a rebuilt salvage vehicle. A rebuilt salvage
title shall be conspicuously labeled either with the
words ‘Rebuilt Salvage Vehicle—Anti-theft and
Safety Inspections Passed’ or ‘Rebuilt Salvage Vehi-
cle—Anti-theft Inspection Passed/No Safety Inspec-
tion Pursuant to National Criteria,’ as appropriate,
across the front.
‘‘(6) NONREPAIRABLE
VEHICLE.—The term
‘nonrepairable vehicle’ means any passenger motor
vehicle which is incapable of safe operation for use
on roads or highways and which has no resale value
except as a source of parts or scrap only or which
the owner irreversibly designates as a source of
parts or scrap. Such passenger motor vehicle shall
be issued a nonrepairable vehicle certificate and shall
never again be titled or registered.
‘‘(7) 
NONREPAIRABLE
VEHICLE
CERTIFI-
CATE.—The term ‘nonrepairable vehicle certificate’
means a passenger motor vehicle ownership docu-
ment issued by the State to the owner of a non-
repairable vehicle. A nonrepairable vehicle certificate
shall be conspicuously labeled with the word ‘Non-
repairable’ across the front.
‘‘(8) SECRETARY.—The term ‘Secretary’ means
the Secretary of Transportation.
‘‘(9) LATE MODEL VEHICLE.—The term ‘Late
Model Vehicle’ means any passenger motor vehicle
which—
‘‘(A) has a manufacturer’s model year des-
ignation of or later than the year in which the
vehicle was wrecked, destroyed, or damaged, or
any of the six preceding years; or
‘‘(B) has a retail value of more than
$10,000.
The Secretary shall adjust such retail value on an
annual basis in accordance with changes in the
consumer price index.
‘‘(10) RETAIL VALUE.—The term ‘retail value’
means the actual cash value, fair market value, or
retail value of a passenger motor vehicle as—
‘‘(A) set forth in a current edition of any
nationally recognized compilation (to include
automated databases) of retail values, as ap-
proved by the Secretary; or
‘‘(B) determined pursuant to a market sur-
vey of comparable vehicles with regard to condi-
tion and equipment, in a manner approved by
the Secretary.
‘‘(11) COST OF REPAIRS.—The term ‘cost of re-
pairs’ means the estimated retail cost of parts need-
ed to repair the vehicle or, if the vehicle has been
repaired, the actual retail cost of the parts used in
the repair, and the cost of labor computed by using
the hourly labor rate and time allocations that are
reasonable and customary in the automobile repair
industry in the community where the repairs are to
be performed.
‘‘§ 33302. Passenger motor vehicle titling
‘‘(a) CARRY-FORWARD
OF
INFORMATION
ON
A
NEWLY ISSUED TITLE WHERE THE PREVIOUS TITLE FOR
THE VEHICLE WAS NOT ISSUED PURSUANT TO NEW NA-
TIONALLY UNIFORM STANDARDS.—For any passenger
motor vehicle, the ownership of which is transferred on
or after the date that is 1 year from the date of the enact-
ment of this chapter, each State, in licensing such vehicle
for use, shall disclose in writing on the certificate of title
whenever records readily accessible to the State indicate
that the passenger motor vehicle was previously issued a
title that bore any word or symbol signifying that the vehi-
cle was ‘salvage’, ‘unrebuildable’, ‘parts only’, ‘scrap’,
‘junk’, ‘nonrepairable’, ‘reconstructed’, ‘rebuilt’, or any
other symbol or word of like kind, or that it has been dam-
aged by flood.
‘‘(b) NATIONALLY UNIFORM TITLE STANDARDS AND
CONTROL METHODS.—Not later than 18 months after the
date of the enactment of this chapter, the Secretary shall
by rule require each State, in licensing any passenger
motor vehicle where ownership of such passenger motor
vehicle is transferred more than 2 years after publication
of such final rule, to apply uniform standards, procedures,
and methods for the issuance and control of titles for
motor vehicles and for information to be contained on such
titles. Such titling standards, control procedures, methods,
and information shall include the following:
‘‘(1) A State shall conspicuously indicate on the
face of the title or certificate for a passenger motor
vehicle, as applicable, if the passenger motor vehicle
is a salvage vehicle, a nonrepairable vehicle, or a re-
built salvage vehicle and whether such vehicle was
damaged by flood.
‘‘(2) Such information concerning a passenger
motor vehicle’s status shall be conveyed on any sub-
sequent title, including a duplicate or replacement
title, for the passenger motor vehicle issued by the
original titling State or any other State.
‘‘(3) The title documents, the certificates and,
decals required by section 33301(4), and the issuing
system shall meet security standards minimizing the
opportunities for fraud.
‘‘(4) The certificate of title shall include the
passenger motor vehicle make, model, body type,
year, odometer disclosure, and vehicle identification
number.
‘‘(5) The title documents shall maintain a uni-
form layout, to be established in consultation with
the State or an organization representing them.
‘‘(6) A passenger motor vehicle designated as
nonrepairable shall be issued a nonrepairable vehicle
certificate and shall not be retitled.
‘‘(7) No rebuilt salvage title shall be issued to
a salvage vehicle unless, after the salvage vehicle is
repaired or rebuilt, it complies with the requirements
for a rebuilt salvage vehicle pursuant to section
33301(4). Any State inspection program designed to
comply with this paragraph shall be subject to con-
tinuing review by and approval of the Secretary.
Such inspection program shall include the following:
‘‘(A) A passenger motor vehicle owner sub-
mitting a vehicle for an anti-theft inspection
shall be required to provide a completed docu-
ment identifying the vehicle’s damage prior to
being repaired, a list of replacement parts used
to repair the vehicle, and proof of ownership of
such replacement parts, as may be evidenced by
bills of sale, invoices or, if such documents are
not available, other proof of ownership for the
replacement parts. The owner shall also include
an affirmation that the information in the dec-
laration is complete and accurate and, to the
knowledge of the declarant, no stolen parts
were used during the rebuilding.
‘‘(B) Any passenger motor vehicle or any
major part or major replacement part required
to be marked under section 33102 having a
mark or vehicle identification number that has
been illegally altered, defaced, or falsified, and
that cannot be identified as having been legally
obtained (through bills of sale, invoices, or
other ownership documentation), shall be con-
traband and subject to seizure. The Secretary,
in consultation with the Attorney General, shall,
as part of the rule required by this section, es-
tablish procedures for dealing with those parts
whose mark or vehicle identification number is
normally removed during industry accepted re-
manufacturing or rebuilding practices, which
parts shall be deemed identified for purposes of
this section if they bear a conspicuous mark of
a type, and applied in such a manner, as des-
ignated by the Secretary indicating that they
have been rebuilt or remanufactured. With re-
spect to any vehicle part, the Secretary’s rule,
as required by this section, shall acknowledge
that a mark or vehicle identification number on
such part may be legally removed or altered as
provided for in section 511 of title 18, United
States Code, and shall direct inspectors to
adopt such procedures as may be necessary to
prevent the seizure of a part from which the
mark or vehicle identification number has been
legally removed or altered.
‘‘(C) The Secretary shall establish nation-
ally uniform safety inspection criteria to be
used in those States requiring such a safety in-
spection. A State may determine whether to
conduct such safety inspection itself, contract
with a third party, or permit self-inspection, all
subject to criteria promulgated by the Secretary
hereunder. A State requiring such safety in-
spection may require the payment of a fee for
the privilege of such inspection or the process-
ing thereof.
‘‘(8) No duplicate or replacement title shall be
issued unless the word ‘duplicate’ is clearly marked
on the face thereof and unless the procedures for
such issuance are substantially consistent with Rec-
ommendation three (3) of the Motor Vehicle Titling,
Registration and Salvage Advisory Committee.
‘‘(9) A State shall employ the following titling
and control methods:
‘‘(A) If an insurance company is not in-
volved in a damage settlement involving a sal-
vage vehicle or a nonrepairable vehicle, the pas-
senger motor vehicle owner shall apply for a
salvage title or nonrepairable vehicle certificate,
whichever is applicable, before the passenger
motor vehicle is repaired or the ownership of
the passenger motor vehicle is transferred, but
in any event within 30 days after the passenger
motor vehicle is damaged.
‘‘(B) If an insurance company, pursuant to
a damage settlement, acquires ownership of a
passenger motor vehicle that has incurred dam-
age requiring the vehicle to be titled as a sal-
vage vehicle or nonrepairable vehicle, the insur-
ance company or salvage facility or other agent
on its behalf shall apply for a salvage title or
nonrepairable vehicle certificate within 15 days
after the title is properly assigned by the owner
to the insurance company and delivered to the
insurance company or salvage facility or other
agent on its behalf with all liens released.
‘‘(C) If an insurance company does not as-
sume ownership of an insured’s or claimant’s
passenger motor vehicle that has incurred dam-
age requiring the vehicle to be titled as a sal-
vage vehicle or nonrepairable vehicle, the insur-
ance company shall, as required by the applica-
ble State, notify the owner of the owner’s obli-
gation to apply for a salvage title or nonrepair-
able vehicle certificate for the passenger motor
vehicle and notify the State passenger motor ve-
hicle titling office that a salvage title or non-
repairable vehicle certificate should be issued
for the vehicle.
‘‘(D) If a leased passenger motor vehicle
incurs damage requiring the vehicle to be titled
as a salvage vehicle or nonrepairable vehicle,
the lessor shall apply for a salvage title or non-
repairable vehicle certificate within 21 days
after being notified by the lessee that the vehi-
cle has been so damaged, except when an insur-
ance company, pursuant to a damage settle-
ment, acquires ownership of the vehicle. The
lessee of such vehicle shall inform the lessor
that the leased vehicle has been so damaged
within 30 days after the occurrence of the dam-
age.
‘‘(E) Any person acquiring ownership of a
damaged passenger motor vehicle that meets
the definition of a salvage or nonrepairable ve-
hicle for which a salvage title or nonrepairable
vehicle certificate has not been issued, shall
apply for a salvage title or nonrepairable vehicle
certificate, whichever is applicable. This appli-
cation shall be made before the vehicle is fur-
ther transferred, but in any event, within 30
days after ownership is acquired. The require-
ments of this subparagraph shall not apply to
any scrap metal processor which acquires a pas-
senger motor vehicle for the sole purpose of
processing it into prepared grades of scrap and
which so processes such vehicle.
‘‘(F) State records shall note when a non-
repairable vehicle certificate is issued. No State
shall issue a nonrepairable vehicle certificate
after 2 transfers of ownership.
‘‘(G) When a passenger motor vehicle has
been flattened, baled, or shredded, whichever
comes first, the title or nonrepairable vehicle
certificate for the vehicle shall be surrendered
to the State within 30 days. If the second
transferee on a nonrepairable vehicle certificate
is unequipped to flatten, bale, or shred the vehi-
cle, such transferee shall, at the time of final
disposal of the vehicle, use the services of a pro-
fessional automotive recycler or professional
scrap processor who is hereby authorized to
flatten, bale, or shred the vehicle and to effect
the surrender of the nonrepairable vehicle cer-
tificate to the State on behalf of such second
transferee. State records shall be updated to in-
dicate the destruction of such vehicle and no
further ownership transactions for the vehicle
will be permitted. If different than the State of
origin of the title or nonrepairable vehicle cer-
tificate, the State of surrender shall notify the
State of origin of the surrender of the title or
nonrepairable vehicle certificate and of the de-
struction of such vehicle.
‘‘(H) When a salvage title is issued, the
State records shall so note. No State shall per-
mit the retitling for registration purposes or is-
suance of a rebuilt salvage title for a passenger
motor vehicle with a salvage title without a cer-
tificate of inspection, which complies with the
security and guideline standards established by
the Secretary pursuant to paragraphs (3) and
(7), as applicable, indicating that the vehicle
has passed the inspections required by the
State. This subparagraph does not preclude the
issuance of a new salvage title for a salvage ve-
hicle after a transfer of ownership.
‘‘(I) After a passenger motor vehicle titled
with a salvage title has passed the inspections
required by the State, the inspection official will
affix the secure decal required pursuant to sec-
tion 33301(4) to the driver’s door jamb of the
vehicle and issue to the owner of the vehicle a
certificate indicating that the passenger motor
vehicle has passed the inspections required by
the State. The decal shall comply with the per-
manency requirements established by the Sec-
retary.
‘‘(J) The owner of a passenger motor vehi-
cle titled with a salvage title may obtain a re-
built salvage title and vehicle registration by
presenting to the State the salvage title, prop-
erly assigned, if applicable, along with the cer-
tificate that the vehicle has passed the inspec-
tions required by the State. With such proper
documentation and upon request, a rebuilt sal-
vage title and registration shall be issued to the
owner. When a rebuilt salvage title is issued,
the State records shall so note.
‘‘(10) A seller of a passenger motor vehicle that
becomes a salvage vehicle due to damage by flood
shall, at or prior to the time of transfer of owner-
ship, give the buyer a written notice that the vehicle
has been damaged by flood. At the time of the next
title application for the vehicle, disclosure of the
flood status shall be provided to the applicable State
with the properly assigned title and the word ‘Flood’
shall be conspicuously labeled across the front of the
new title.
‘‘(11) In the case of a leased passenger motor
vehicle, the lessee, within 15 days of the occurrence
of the event that caused the vehicle to become a
flood vehicle, shall give the lessor written disclosure
that the vehicle is a flood vehicle.
‘‘(c) SALVAGE TITLE.—Ownership of a passenger
motor vehicle may be transferred on a salvage title, how-
ever, a passenger motor vehicle for which a salvage title
has been issued shall not be registered for use on the roads
or highways unless it has been issued a rebuilt salvage
title.
‘‘(d) REBUILT SALVAGE TITLE.—Ownership of a
passenger motor vehicle may be transferred on a rebuilt
salvage title, and a passenger motor vehicle for which a
rebuilt salvage title has been issued may be registered for
use on the roads and highways.
‘‘(e) NONREPAIRABLE
VEHICLE
CERTIFICATE.—
Ownership of a passenger motor vehicle may only be trans-
ferred 2 times on a nonrepairable vehicle certificate. A
passenger motor vehicle for which a nonrepairable vehicle
certificate has been issued can never be titled or registered
for use on roads or highways.
‘‘§ 33303. Disclosure and label requirements on trans-
fer of salvage vehicles
‘‘(a) WRITTEN DISCLOSURE REQUIREMENTS.—
‘‘(1) GENERAL RULE.—Under regulations pre-
scribed by the Secretary of Transportation, a person
transferring ownership of a salvage vehicle shall give
the transferee a written disclosure that the vehicle is
a salvage vehicle.
‘‘(2) FALSE STATEMENT.—A person making a
written disclosure required by a regulation pre-
scribed under paragraph (1) of this subsection may
not make a false statement in the disclosure.
‘‘(3) COMPLETENESS.—A person acquiring a
salvage vehicle for resale may accept a disclosure
under subsection (a) only if it is complete.
‘‘(4) 
REGULATIONS.—The 
regulations 
pre-
scribed by the Secretary shall provide the way in
which information is disclosed and retained under
subsection (a).
‘‘(b) LABEL REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall by reg-
ulation require that a label be affixed to the wind-
shield or window of a rebuilt or remanufactured sal-
vage vehicle before its first sale at retail containing
such information regarding that vehicle as the Sec-
retary may require. The requirements prescribed by
the Secretary under this paragraph shall be similar
to the requirements of section 3 of the Automobile
Information Disclosure Act (15 U.S.C. 1232). The
label shall be affixed by the individual who conducts
the applicable State antitheft inspection.
‘‘(2) REMOVAL, ALTERATION, OR ILLEGIBILITY
OF REQUIRED LABEL.—No person shall willfully re-
move, alter, or render illegible any label required by
paragraph (1) affixed to a rebuilt or remanufactured
salvage vehicle before the vehicle is delivered to the
actual custody and possession of the ultimate pur-
chaser of the vehicle.
‘‘§ 33304. Report on funding
‘‘The Secretary shall, contemporaneously with the is-
suance of a final rule pursuant to section 33302(b), report
to appropriate committees of Congress whether the costs
to the States of compliance with such rule can be met by
user fees for issuance of titles, issuance of registrations,
issuance of duplicate titles, inspection of rebuilt vehicles,
or for the State services, or by earmarking any moneys
collected through law enforcement action to enforce re-
quirements established by such rule.
‘‘§ 33305. Petitions for extensions of time
‘‘The Secretary may grant a State, for good cause
shown, an extension of time to comply with the require-
ments established in section 33302(a). No such extension
shall remain in effect on or after the compliance date es-
tablished pursuant to section 33302(b).
‘‘§ 33306. Effect on State law
‘‘(a) IN GENERAL.—Effective on the date the rule
promulgated pursuant to section 33302 becomes effective,
the provisions of this chapter shall preempt all State laws,
to the extent they are inconsistent with the provisions of
this chapter or the rule promulgated pursuant to section
33302, which—
‘‘(1) set forth the form of the passenger motor
vehicle title;
‘‘(2) define, in connection with a passenger
motor vehicle (but not in connection with a pas-
senger motor vehicle part or part assembly separate
from a passenger motor vehicle), any term defined
in section 33301 or the terms ‘salvage’, ‘junk’, ‘re-
constructed’, ‘nonrepairable’, ‘unrebuildable’, ‘scrap’,
‘parts only’, ‘rebuilt’, ‘flood’, or any other symbol or
word of like kind, or apply any of those terms to any
passenger motor vehicle (but not to a passenger
motor vehicle part or part assembly separate from a
passenger motor vehicle); and
‘‘(3) set forth titling, recordkeeping, anti-theft
inspection, or control procedures in connection with
any salvage vehicle, rebuilt salvage vehicle, non-
repairable vehicle, or flood vehicle defined in section
33301.
The requirements described in paragraph (3) shall not be
construed to affect any State consumer law actions that
may be available to residents of the State for violations
of this chapter.
‘‘(b) CONSTRUCTION.—Additional disclosures of a
passenger motor vehicle’s title status or history, in addi-
tion to the terms defined in section 33301, shall not be
deemed inconsistent with the provisions of this chapter.
When used in connection with a passenger motor vehicle
(but not in connection with a passenger motor vehicle part
or part assembly separate from a passenger motor vehi-
cle), any definition of a term defined in section 33301
which is different than the definition in that section or
any use of any term listed in subsection (a), but not de-
fined in section 33301, shall be deemed inconsistent with
the provisions of this chapter. Nothing in this chapter
shall preclude a State from disclosing on a rebuilt salvage
title that a rebuilt salvage vehicle has passed a State safe-
ty inspection which differed from the nationally uniform
criteria 
to 
be 
promulgated 
pursuant 
to 
section
33302(b)(7).
‘‘§ 33307. Civil and criminal penalties
‘‘(a) PROHIBITED ACTS.—It shall be unlawful for any
person knowingly and willfully to—
‘‘(1) make or cause to be made any false state-
ment on an application for a title (or duplicate title)
for a passenger motor vehicle;
‘‘(2) fail to apply for a salvage title when such
an application is required;
‘‘(3) alter, forge, or counterfeit a certificate of
title (or an assignment thereof), a nonrepairable ve-
hicle certificate, a certificate verifying an anti-theft
inspection or an anti-theft and safety inspection, or
a decal affixed to a passenger motor vehicle pursu-
ant to section 33302(b)(9)(I);
‘‘(4) falsify the results of, or provide false infor-
mation in the course of, an inspection conducted
pursuant to section 33302(b)(7);
‘‘(5) offer to sell any salvage vehicle or non-
repairable vehicle as a rebuilt salvage vehicle; or
‘‘(6) conspire to commit any of the acts enu-
merated in paragraphs (1), (2), (3), (4), and (5).
‘‘(b) CIVIL PENALTY.—Any person who commits an
unlawful act as provided in subsection (a) of this section
shall be fined a civil penalty of up to $2,000 per offense.
‘‘(c) CRIMINAL PENALTY.—Any person who commits
an unlawful act as provided in subsection (a) of this sec-
tion shall be fined up to $50,000 or sentenced up to 3
years imprisonment or both, per offense.
‘‘§ 33308. Actions by States
‘‘(a) IN GENERAL.—Whenever an attorney general of
any State has reason to believe that the interests of the
residents of that State have been or are being threatened
or adversely affected because any person has engaged or
is engaging in a pattern or practice of violating section
33306, the State, as parens patriae, may bring a civil ac-
tion on behalf of its residents in an appropriate district
court of the United States to enjoin such violation or to
enforce the civil penalties under section 33307 or may en-
force the criminal penalties under section 33307.
‘‘(b) NOTICE.—The State shall serve prior written
notice of any civil or criminal action under subsection (a)
or (e)(2) upon the Attorney General and provide the At-
torney General with a copy of its complaint, except that
if it is not feasible for the State to provide such prior no-
tice, the State shall serve such notice immediately upon
instituting such action. Upon receiving a notice respecting
a civil or criminal action, the Attorney General shall have
the right—
‘‘(1) to intervene in such action;
‘‘(2) upon so intervening, to be heard on all
matters arising therein; and