I
106TH CONGRESS
2D SESSION
H. R. 5190
To amend title 18, United States Code, to impose criminal and civil penalties
for false statements and failure to file reports concerning defects in
foreign motor vehicle products, and to require the timely provision of
notice of such defects, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 14, 2000
Mr. WEXLER introduced the following bill; which was referred to the Com-
mittee 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
committee concerned
A BILL
To amend title 18, United States Code, to impose criminal
and civil penalties for false statements and failure to
file reports concerning defects in foreign motor vehicle
products, and to require the timely provision of notice
of such defects, 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 Infor-
mation Recall Enhancement Act’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) in an interview with ABC News on Sep-
tember 3, 2000, Secretary of Transportation Rodney
Slater stated that he thinks there should be a law
requiring that the United States be immediately no-
tified of a foreign recall, ‘‘especially in the global
economy when you’ve got U.S. goods really being
used by individuals around the world. We should
know when there’s a problem someplace else.’’;
(2) as of the date of enactment of this Act,
there is no legal requirement for manufacturers of
motor vehicles and their components to notify
United States agencies of a recall issued in a foreign
country;
(3) between August 1999 and spring 2000,
Ford Motor Company replaced Firestone tires on
46,912 vehicles in Saudi Arabia, Thailand, Malaysia,
and South America;
(4)(A) on May 2, 2000, the National Highway
Traffic Safety Administration opened a preliminary
evaluation into Firestone ATX, ATX II, and Wilder-
ness AT tires after receiving 90 complaints, pri-
marily from consumers in the Southeast and South-
west, about tread separations or blowouts;
(B) as of September 2000, the National High-
way Traffic Safety Administration has received over
1,400 complaints, including reports of more than
250 injuries and 88 deaths; and
(C) some of the complaints date back to the
early 1990s, and 797 of the complaints report that
a tire failure took place between August 1, 1999,
and August 9, 2000; and
(5)(A) on August 9, 2000, Bridgestone/Fire-
stone announced a United States recall of 6,500,000
ATX, ATX II, and Wilderness AT tires; and
(B) that date was 3 months after the National
Highway Traffic Safety Administration commenced
its investigation and nearly 9 months after Ford
Motor Company initiated the replacement of the
tires in foreign countries.
(b) PURPOSE.—The purpose of this Act is to ensure
that defects in motor vehicles or replacement equipment
in foreign countries are quickly accurately and truthfully
reported to the United States Secretary of Transportation
in cases in which—
(1) the motor vehicles or replacement equip-
ment is manufactured for export to the United
States; or
(2) the motor vehicles or replacement equip-
ment is manufactured in the United States using a
manufacturing process that is the same as, or simi-
lar to, the manufacturing process used in the foreign
country, with the result that the motor vehicles or
replacement equipment manufactured in the United
States may also be defective.
SEC. 3. CRIMINAL AND CIVIL PENALTIES IN CONNECTION
WITH REPORTING OF DEFECTS IN FOREIGN
MOTOR VEHICLE PRODUCTS.
(a) IN GENERAL.—Chapter 47 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 1036. Penalties in connection with reporting of de-
fects in foreign motor vehicle products
‘‘(a) DEFINITIONS.—
‘‘(1) FOREIGN
MOTOR
VEHICLE
PRODUCT.—
The term ‘foreign motor vehicle product’ means a
motor vehicle or replacement equipment that—
‘‘(A) is manufactured in a foreign country
for export to the United States; or
‘‘(B) is manufactured in a foreign country
using a manufacturing process that is the same
as, or similar to, a manufacturing process used
in the United States for a motor vehicle or re-
placement equipment.
‘‘(2) OTHER TERMS.—The terms ‘defect’, ‘man-
ufacturer’, ‘motor vehicle’, and ‘replacement equip-
ment’ have the meanings given the terms in section
30102 of title 49.
‘‘(b) CRIMINAL PENALTY.—A manufacturer of a for-
eign motor vehicle product, or an officer or employee of
such a manufacturer, that, in connection with a report re-
quired to be filed under section 30118(f) of title 49,
willfully—
‘‘(1) falsifies or conceals a material fact;
‘‘(2) makes a materially false, fictitious, or
fraudulent statement or representation; or
‘‘(3) makes or uses a false writing or document
knowing that the writing or document contains any
materially false, fictitious, or fraudulent statement
or entry;
shall be fined under this title, imprisoned not more than
5 years, or both.
‘‘(c) CIVIL PENALTY.—
‘‘(1) IN
GENERAL.—In addition to any civil
penalty that may be assessed under chapter 301 of
title 49, a manufacturer that violates section
30118(f) of title 49 shall be subject to a civil penalty
SEC. 4. REPORTING OF DEFECTS IN FOREIGN MOTOR VEHI-
CLE PRODUCTS.
Section 30118 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(f) REPORTING OF DEFECTS IN FOREIGN MOTOR
VEHICLE PRODUCTS.—
‘‘(1) DEFINITION OF FOREIGN MOTOR VEHICLE
PRODUCT.—The term ‘foreign motor vehicle product’
means a motor vehicle or replacement equipment
that—
‘‘(A) is manufactured in a foreign country
for export to the United States; or
‘‘(B) is manufactured in a foreign country
using a manufacturing process that is the same
as, or similar to, a manufacturing process used
in the United States for a motor vehicle cor re-
placement equipment.
‘‘(2) REPORTING OF DEFECTS.—
‘‘(A) INITIAL REPORT.—Not later than 48
hours after determining, or learning that a gov-
ernment of a foreign country has determined,
that a foreign motor vehicle product contains a
defect that could be related to motor vehicle
safety, the manufacturer of the foreign motor
vehicle product shall report the determination
to the Secretary.
‘‘(B) WRITTEN REPORT.—
‘‘(i) IN GENERAL.—Not later than 5
days after the end of the 48-hour period
described in subparagraph (A), the manu-
facturer shall submit to the Secretary a
written report that meets the requirements
of clause (ii).
‘‘(ii) CONTENTS
OF
WRITTEN
RE-
PORT.—A written report under clause (i)
shall contain—
‘‘(I) a description of the foreign
motor vehicle product that is the sub-
ject of the report;
‘‘(II) a description of—
‘‘(aa) the determination of
the defect by the government of
the foreign country or by the
manufacturer of a foreign motor
vehicle product; and
‘‘(bb) any measures that the
government requires to be taken,
or the manufacturer determines
should be taken, to obtain a rem-
edy of the defect;
‘‘(III) 
information 
concerning
any serious injuries or fatalities pos-
sibly resulting from the defect; and
‘‘(IV) such other information as
the Secretary determines to be appro-
priate.
‘‘(3) REPORTING
OF
POSSIBLE
DEFECTS.—
Upon making a determination that there have been
a significant number of serious injuries or fatalities
in a foreign country that could have resulted from
a defect in a foreign motor vehicle product that
could be related to motor vehicle safety (as deter-
mined in accordance with regulations promulgated
by the Secretary), the manufacturer of the foreign
motor vehicle product shall report the determination
to the Secretary in such manner as the Secretary es-
tablishes by regulation.’’.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act take
effect on the date that is 180 days after the date of enact-
ment of this Act.
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