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. BOU-
CHER, Mr. WHITFIELD, Mr. GREEN of Texas, Mr. ROGAN, Mr. WAXMAN,
Mr. BILBRAY, Mr. FOSSELLA, Mr. GORDON, Ms. DEGETTE, Mr. LU-
THER, Ms. ESHOO, and Ms. MCCARTHY of Missouri) introduced the fol-
lowing 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.
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 ‘‘Transportation Recall
Enhancement, Accountability, and Documentation Act’’.
SEC. 2. REPORTING OF DEFECTS IN MOTOR VEHICLES IN
FOREIGN COUNTRIES.
Section 30118 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(f) REPORTING OF DEFECTS IN MOTOR VEHICLES
AND PRODUCTS IN FOREIGN COUNTRIES.—
‘‘(1) REPORTING OF DEFECTS.—
‘‘(A) MANUFACTURER DETERMINATION.—
Not later than 5 days after determining to con-
duct a safety recall or other safety campaign in
a foreign country on a motor vehicle, tire, or
motor vehicle equipment that is also offered for
sale in the United States, the manufacturer
shall report the determination to the Secretary.
‘‘(B) FOREIGN GOVERNMENT DETERMINA-
TION.—Not later than 5 days after receiving
notification that the government of a foreign
country has determined that a safety recall or
other safety campaign must be conducted in the
foreign country on a motor vehicle, tire, or
motor vehicle equipment that is also offered for
sale in the United States, the manufacturer
shall report the determination to the Secretary.
‘‘(C) REPORTING
REQUIREMENTS.—The
Secretary shall prescribe the contents of the no-
tification required by this paragraph.
‘‘(2) REPORTING
OF
POSSIBLE
DEFECTS.—
Upon making a determination that there have been
a significant number of serious injuries or fatalities
in a foreign country caused by a defect in a motor
vehicle, tire, or motor vehicle equipment that is also
offered for sale in the United States that could be
related to motor vehicle safety (as determined in ac-
cordance with regulations promulgated by the Sec-
retary), the manufacturer of the United States
motor vehicle, tire, or motor vehicle equipment shall
report the determination to the Secretary in such
manner as the Secretary establishes by regulation.’’.
SEC. 3. TIRE MANUFACTURER REPORTING.
The Administrator of the National Highway Traffic
Safety Administration shall promulgate a rule requiring
manufacturers of tires to report periodically to the Admin-
istration data on claims submitted to the manufacturer
for personal injury (including death) and property damage
from alleged defects in the manufacturer’s tires. The rule
shall prescribe the rate at which such reports shall be
made.
SEC. 4. REMEDIES WITHOUT CHARGE.
Section 30120(g)(1) of title 49, United States Code,
is amended by striking ‘‘3 calendar years’’ and inserting
‘‘5 calendar years’’.
SEC. 5. CIVIL PENALTIES.
Section 30165 of title 49, United States Code, is
amended—
(1) in the first sentence by—
(A) inserting ‘‘(1)’’ after ‘‘PENALTY.—’’’;
(B) inserting ‘‘or’’ after ‘‘30127,’’
(C) striking ‘‘or 30166’’; and
(D) 
striking 
‘‘$1,000’’ 
and 
inserting
‘‘$5,000’’;
(2) in the third sentence, by striking ‘‘sub-
section’’ and inserting ‘‘paragraph’’ and by striking
‘‘$800,000’’ and inserting ‘‘$4,000,000’’; and
(3) by adding at the end the following:
‘‘(2) A person who violates section 30166 or a regula-
tion prescribed under that section is liable to the United
States for a civil penalty for failing or refusing to allow
or perform an act required under that section or regula-
tion. The maximum penalty under this paragraph is
$5,000 per violation per day. The maximum penalty under
this paragraph for a related series of daily violations is
$500,000.’’.
SEC. 6. ENDURANCE AND RESISTANCE STANDARDS FOR
TIRES.
The Administrator of the National Highway Traffic
Safety Administration shall conduct a rulemaking to re-
vise and update the tire standard published at 49 C.F.R.
571.109 and 49 C.F.R. 571.119
SEC. 7. APPROPRIATION FOR OFFICE OF DEFECTS AND IN-
VESTIGATION.
There is authorized to be appropriated to the Office
of Defects and Investigation of the National Highway
Traffic Safety Administration $500,000 for fiscal year
2001.
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