15 USC 1801. Congressional declaration of policy
TITLE 15 -- COMMERCE AND TRADE
In the public interest of maintaining a newspaper press editorially
and reportorially independent and competitive in all parts of the United
States, it is hereby declared to be the public policy of the United
States to preserve the publication of newspapers in any city, community,
or metropolitan area where a joint operating arrangement has been
heretofore entered into because of economic distress or is hereafter
effected in accordance with the provisions of this chapter.
(Pub. L. 91-353, 2, July 24, 1970, 84 Stat. 466.)
Section 1 of Pub. L. 91-353 provided that: ''This Act (enacting
this chapter) may be cited as the 'Newspaper Preservation Act'.''
Section 6 of Pub. L. 91-353 provided that: ''If any provision of
this Act (enacting this chapter) is declared unconstitutional, or the
applicability thereof to any person or circumstance is held invalid, the
validity of the remainder of this Act, and the applicability of such
provision to any other person or circumstance, shall not be affected
thereby.''
15 USC 1802. Definitions
TITLE 15 -- COMMERCE AND TRADE
As used in this chapter --
(1) The term ''antitrust law'' means the Federal Trade Commission Act
(15 U.S.C. 41 et seq.) and each statute defined by section 4 thereof (15
U.S.C. 44) as ''Antitrust Acts'' and all amendments to such Act and such
statutes and any other Acts in pari materia.
(2) The term ''joint newspaper operating arrangement'' means any
contract, agreement, joint venture (whether or not incorporated), or
other arrangement entered into by two or more newspaper owners for the
publication of two or more newspaper publications, pursuant to which
joint or common production facilities are established or operated and
joint or unified action is taken or agreed to be taken with respect to
any one or more of the following: printing; time, method, and field of
publication; allocation of production facilities; distribution;
advertising solicitation; circulation solicitation; business
department; establishment of advertising rates; establishment of
circulation rates and revenue distribution: Provided, That there is no
merger, combination, or amalgamation of editorial or reportorial staffs,
and that editorial policies be independently determined.
(3) The term ''newspaper owner'' means any person who owns or
controls directly, or indirectly through separate or subsidiary
corporations, one or more newspaper publications.
(4) The term ''newspaper publication'' means a publication produced
on newsprint paper which is published in one or more issues weekly
(including as one publication any daily newspaper and any Sunday
newspaper published by the same owner in the same city, community, or
metropolitan area), and in which a substantial portion of the content is
devoted to the dissemination of news and editorial opinion.
(5) The term ''failing newspaper'' means a newspaper publication
which, regardless of its ownership or affiliations, is in probable
danger of financial failure.
(6) The term ''person'' means any individual, and any partnership,
corporation, association, or other legal entity existing under or
authorized by the law of the United States, any State or possession of
the United States, the District of Columbia, the Commonwealth of Puerto
Rico, or any foreign country.
(Pub. L. 91-353, 3, July 24, 1970, 84 Stat. 466.)
The Federal Trade Commission Act, referred to in par. (1), is act
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
classified generally to subchapter I ( 41 et seq.) of chapter 2 of this
title. For complete classification of this Act to the Code, see section
58 of this title and Tables.
15 USC 1803. Antitrust exemptions
TITLE 15 -- COMMERCE AND TRADE
(a) Joint operating arrangements entered into prior to July 24, 1970
It shall not be unlawful under any antitrust law for any person to
perform, enforce, renew, or amend any joint newspaper operating
arrangement entered into prior to July 24, 1970, if at the time at which
such arrangement was first entered into, regardless of ownership or
affiliations, not more than one of the newspaper publications involved
in the performance of such arrangement was likely to remain or become a
financially sound publication: Provided, That the terms of a renewal or
amendment to a joint operating arrangement must be filed with the
Department of Justice and that the amendment does not add a newspaper
publication or newspaper publications to such arrangement.
(b) Written consent for future joint operating arrangements
It shall be unlawful for any person to enter into, perform, or
enforce a joint operating arrangement, not already in effect, except
with the prior written consent of the Attorney General of the United
States. Prior to granting such approval, the Attorney General shall
determine that not more than one of the newspaper publications involved
in the arrangement is a publication other than a failing newspaper, and
that approval of such arrangement would effectuate the policy and
purpose of this chapter.
(c) Predatory practices not exempt
Nothing contained in the chapter shall be construed to exempt from
any antitrust law any predatory pricing, any predatory practice, or any
other conduct in the otherwise lawful operations of a joint newspaper
operating arrangement which would be unlawful under any antitrust law if
engaged in by a single entity. Except as provided in this chapter, no
joint newspaper operating arrangement or any party thereto shall be
exempt from any antitrust law.
(Pub. L. 91-353, 4, July 24, 1970, 84 Stat. 467.)
Any antitrust law, referred to in subsecs. (a) and (c), are the
antitrust laws defined in section 1802 of this title.
15 USC 1804. Reinstatement of joint operating arrangements previously
adjudged unlawful under antitrust laws
TITLE 15 -- COMMERCE AND TRADE
(a) Notwithstanding any final judgment rendered in any action brought
by the United States under which a joint operating arrangement has been
held to be unlawful under any antitrust law, any party to such final
judgment may reinstitute said joint newspaper operating arrangement to
the extent permissible under section 1803(a) of this title.
(b) The provisions of section 1803 of this title shall apply to the
determination of any civil or criminal action pending in any district
court of the United State /1/ on July 24, 1970, in which it is alleged
that any such joint operating agreement is unlawful under any antitrust
law.
(Pub. L. 91-353, 5, July 24, 1970, 84 Stat. 467.)
Any antitrust law, referred to in subsecs. (a) and (b), are the
antitrust laws defined in section 1802 of this title.
/1/ So in original. Probably should be ''States''.
15 USC CHAPTER 44 -- PROTECTION OF HORSES
TITLE 15 -- COMMERCE AND TRADE
Sec.
1821. Definitions.
1822. Congressional statement of findings.
1823. Horse shows and exhibitions.
(a) Disqualification of horses.
(b) Prohibited activities.
(c) Appointment of inspectors; manner of inspections.
(d) Recordkeeping and reporting requirements; availability of
records.
(e) Inspection by Secretary or duly appointed representative.
1824. Unlawful acts.
1825. Violations and penalties.
(a) Criminal acts and penalties.
(b) Civil penalties; review and enforcement.
(c) Disqualification of offenders; orders; civil penalties
applicable; enforcement procedures.
(d) Production of witnesses and books, papers, and documents;
depositions; fees; presumptions; jurisdiction.
(e) Detention of horses; seizure and condemnation of equipment.
1826. Notice of violations to Attorney General.
1827. Utilization of personnel of Department of Agriculture and
officers and employees of consenting States; technical and other
nonfinancial assistance to State.
(a) Assistance from Department of Agriculture and States.
(b) Assistance to States.
1828. Rules and regulations.
1829. Preemption of State laws; concurrent jurisdiction;
prohibition on certain State action.
1830. Report to the Congress.
1831. Authorization of appropriations.
15 USC 1821. Definitions
TITLE 15 -- COMMERCE AND TRADE
As used in this chapter unless the context otherwise requires:
(1) The term ''management'' means any person who organizes, exercises
control over, or administers or who is responsible for organizing,
directing, or administering.
(2) The term ''Secretary'' means the Secretary of Agriculture.
(3) The term ''sore'' when used to describe a horse means that --
(A) an irritating or blistering agent has been applied, internally or
externally, by a person to any limb of a horse,
(B) any burn, cut, or laceration has been inflicted by a person on
any limb of a horse,
(C) any tack, nail, screw, or chemical agent has been injected by a
person into or used by a person on any limb of a horse, or
(D) any other substance or device has been used by a person on any
limb of a horse or a person has engaged in a practice involving a horse,
and, as a result of such application, infliction, injection, use, or
practice, such horse suffers, or can reasonably be expected to suffer,
physical pain or distress, inflammation, or lameness when walking,
trotting, or otherwise moving, except that such term does not include
such an application, infliction, injection, use, or practice in
connection with the therapeutic treatment of a horse by or under the
supervision of a person licensed to practice veterinary medicine in the
State in which such treatment was given.
(4) The term ''State'' means any of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Trust Territory of the Pacific Islands.
(Pub. L. 91-540, 2, Dec. 9, 1970, 84 Stat. 1404; Pub. L. 94-360, 3,
July 13, 1976, 90 Stat. 915.)
1976 -- Pub. L. 94-360 added pars. (1) and (2), redesignated
subsec. (a), defining ''sore'' as meaning that certain substances or
devices had been applied to any limb of a horse prior to Dec. 9, 1970,
resulting in, or reasonably likely to result in, such horse suffering
physical pain or distress when walking or trotting, as par. (3) and, as
so redesignated, struck out requirement that such substance or device
had to have been applied prior to Dec. 9, 1970 in order for a horse to
be considered ''sored'' for purposes of this chapter, and substituted
par. (4) defining ''State'' for subsec. (b) defining ''commerce'' as
between a point in any State or possession of the United States and any
point outside thereof, or between points within the same State or
possession of the United States but through any place outside thereof,
or within the District of Columbia, or from any foreign country to any
point within the United States.
Section 1(a) of Pub. L. 94-360 provided that: ''This Act (amending
this section and sections 1822 to 1825, 1827, 1830, and 1831 of this
title and enacting provisions set out as notes under this section and
section 1831 of this title) may be cited as the 'Horse Protection Act
Amendments of 1976'.''
Section 1 of Pub. L. 91-540, as amended by Pub. L. 94-360, 2, July
13, 1976, 90 Stat. 915, provided: ''That this Act (enacting this
chapter) may be cited as the 'Horse Protection Act'.''
15 USC 1822. Congressional statement of findings
TITLE 15 -- COMMERCE AND TRADE
The Congress finds and declares that --
(1) the soring of horses is cruel and inhumane;
(2) horses shown or exhibited which are sore, where such soreness
improves the performance of such horse, compete unfairly with horses
which are not sore;
(3) the movement, showing, exhibition, or sale of sore horses in
intrastate commerce adversely affects and burdens interstate and foreign
commerce;
(4) all horses which are subject to regulation under this chapter are
either in interstate or foreign commerce or substantially affect such
commerce; and
(5) regulation under this chapter by the Secretary is appropriate to
prevent and eliminate burdens upon commerce and to effectively regulate
commerce.
(Pub. L. 91-540, 3, Dec. 9, 1970, 84 Stat. 1405; Pub. L. 94-360, 4,
July 13, 1976, 90 Stat. 915.)
1976 -- Pub. L. 94-360, among other changes, inserted findings
stating that all horses subject to regulation under this chapter are
either in interstate or foreign commerce or substantially affect
interstate or foreign commerce, and that regulation by the Secretary is
appropriate to eliminate burdens upon commerce.
15 USC 1823. Horse shows and exhibitions
TITLE 15 -- COMMERCE AND TRADE
(a) Disqualification of horses
The management of any horse show or horse exhibition shall disqualify
any horse from being shown or exhibited (1) which is sore or (2) if the
management has been notified by a person appointed in accordance with
regulations under subsection (c) of this section or by the Secretary
that the horse is sore.
(b) Prohibited activities
The management of any horse sale or auction shall prohibit the sale
or auction or exhibition for the purpose of sale of any horse (1) which
is sore or (2) if the management has been notified by a person appointed
in accordance with regulations under subsection (c) of this section or
by the Secretary that the horse is sore.
(c) Appointment of inspectors; manner of inspections
The Secretary shall prescribe by regulation requirements for the
appointment by the management of any horse show, horse exhibition, or
horse sale or auction of persons qualified to detect and diagnose a
horse which is sore or to otherwise inspect horses for the purposes of
enforcing this chapter. Such requirements shall prohibit the
appointment of persons who, after notice and opportunity for a hearing,
have been disqualified by the Secretary to make such detection,
diagnosis, or inspection. Appointment of a person in accordance with
the requirements prescribed under this subsection shall not be construed
as authorizing such person to conduct inspections in a manner other than
that prescribed for inspections by the Secretary (or the Secretary's
representative) under subsection (e) of this section.
(d) Recordkeeping and reporting requirements; availability of
records
The management of a horse show, horse exhibition, or horse sale or
auction shall establish and maintain such records, make such reports,
and provide such information as the Secretary may by regulation
reasonably require for the purposes of implementing this chapter or to
determine compliance with this chapter. Upon request of an officer or
employee duly designated by the Secretary, such management shall permit
entry at all reasonable times for the inspection and copying (on or off
the premises) of records required to be maintained under this
subsection.
(e) Inspection by Secretary or duly appointed representative
For purposes of enforcement of this chapter (including any regulation
promulgated under this chapter) the Secretary, or any representative of
the Secretary duly designated by the Secretary, may inspect any horse
show, horse exhibition, or horse sale or auction or any horse at any
such show, exhibition, sale, or auction. Such an inspection may only be
made upon presenting appropriate credentials. Each such inspection
shall be commenced and completed with reasonable promptness and shall be
conducted within reasonable limits and in a reasonable manner. An
inspection under this subsection shall extend to all things (including
records) bearing on whether the requirements of this chapter have been
complied with.
(Pub. L. 91-540, 4, Dec. 9, 1970, 84 Stat. 1405; Pub. L. 94-360, 5,
July 13, 1976, 90 Stat. 916.)
1976 -- Pub. L. 94-360 substituted provisions relating to the
inspection and disqualification of horses participating in horse shows
and exhibitions, the issuance of regulations by the Secretary, and the
maintenance of records by horse show management, for provisions
prohibiting as constituting unlawful acts the exhibition of sored
horses, the transportation in commerce for purposes of exhibition of any
horse that had been sored, and the conducting of any show or exhibition
in which sored horses appear. Provisions now covering such unlawful
acts are set out as section 1824 of this title.
15 USC 1824. Unlawful acts
TITLE 15 -- COMMERCE AND TRADE
The following conduct is prohibited:
(1) The shipping, transporting, moving, delivering, or receiving of
any horse which is sore with reason to believe that such horse while it
is sore may be shown, exhibited, entered for the purpose of being shown
or exhibited, sold, auctioned, or offered for sale, in any horse show,
horse exhibition, or horse sale or auction; except that this paragraph
does not apply to the shipping, transporting, moving, delivering, or
receiving of any horse by a common or contract carrier or an employee
thereof in the usual course of the carrier's business or employee's
employment unless the carrier or employee has reason to believe that
such horse is sore.
(2) The (A) showing or exhibiting, in any horse show or horse
exhibition, of any horse which is sore, (B) entering for the purpose of
showing or exhibiting in any horse show or horse exhibition, any horse
which is sore, (C) selling, auctioning, or offering for sale, in any
horse sale or auction, any horse which is sore, and (D) allowing any
activity described in clause (A), (B), or (C) respecting a horse which
is sore by the owner of such horse.
(3) The failure by the management of any horse show or horse
exhibition, which does not appoint and retain a person in accordance
with section 1823(c) of this title, to disqualify from being shown or
exhibited any horse which is sore.
(4) The failure by the management of any horse sale or auction, which
does not appoint and retain a qualified person in accordance with
section 1823(c) of this title, to prohibit the sale, offering for sale,
or auction of any horse which is sore.
(5) The failure by the management of any horse show or horse
exhibition, which has appointed and retained a person in accordance with
section 1823(c) of this title, to disqualify from being shown or
exhibited any horse (A) which is sore, and (B) after having been
notified by such person or the Secretary that the horse is sore or after
otherwise having knowledge that the horse is sore.
(6) The failure by the management of any horse sale or auction which
has appointed and retained a person in accordance with section 1823(c)
of this title, to prohibit the sale, offering for sale, or auction of
any horse (A) which is sore, and (B) after having been notified by such
person or the Secretary or after otherwise having knowledge that the
horse is sore.
(7) The showing or exhibiting at a horse show or horse exhibition;
the selling or auctioning at a horse sale or auction; the allowing to
be shown, exhibited, or sold at a horse show, horse exhibition, or horse
sale or auction; the entering for the purpose of showing or exhibiting
in any horse show or horse exhibition; or offering for sale at a horse
sale or auction, any horse which is wearing or bearing any equipment,
device, paraphernalia, or substance which the Secretary by regulation
under section 1828 of this title prohibits to prevent the soring of
horses.
(8) The failing to establish, maintain, or submit records, notices,
reports, or other information required under section 1823 of this title.
(9) The failure or refusal to permit access to or copying of records,
or the failure or refusal to permit entry or inspection, as required by
section 1823 of this title.
(10) The removal of any marking required by the Secretary to identify
a horse as being detained.
(11) The failure or refusal to provide the Secretary with adequate
space or facilities, as the Secretary may by regulation under section
1828 of this title prescribe, in which to conduct inspections or any
other activity authorized to be performed by the Secretary under this
chapter.
(Pub. L. 91-540, 5, Dec. 9, 1970, 84 Stat. 1405; Pub. L. 94-360, 6,
July 13, 1976, 90 Stat. 916.)
1976 -- Pub. L. 94-360 substituted provisions prohibiting the
transportation, receipt, exhibition, sale, or auction of a sored horse,
and the showing, sale or auction of a horse bearing any device or
substance prohibited by regulation of the Secretary, and making the
management of a horse show, exhibition, or sale, responsible for failure
to disqualify such horses from participating, and for interfering with
the conducting of inspections by the Secretary of horses in the show or
of the management records, for provisions authorizing the inspection of
horses, transported in commerce, and requiring the management of shows
and exhibitions to maintain such records as the Secretary prescribes.
Provisions now covering the maintenance of records and the inspection of
horses are set out as section 1823 of this title.
15 USC 1825. Violations and penalties
TITLE 15 -- COMMERCE AND TRADE
(a) Criminal acts and penalties
(1) Except as provided in paragraph (2) of this subsection, any
person who knowingly violates section 1824 of this title shall, upon
conviction thereof, be fined not more than $3,000, or imprisoned for not
more than one year, or both.
(2)(A) If any person knowingly violates section 1824 of this title,
after one or more prior convictions of such person for such a violation
have become final, such person shall, upon conviction thereof, be fined
not more than $5,000, or imprisoned for not more than two years, or
both.
(B) Any person who knowingly makes, or causes to be made, a false
entry or statement in any report required under this chapter; who
knowingly makes, or causes to be made, any false entry in any account,
record, or memorandum required to be established and maintained by any
person or in any notification or other information required to be
submitted to the Secretary under section 1823 of this title; who
knowingly neglects or fails to make or cause to be made, full, true, and
correct entries in such accounts, records, memoranda, notification, or
other materials; who knowingly removes any such documentary evidence
out of the jurisdiction of the United States; who knowingly mutilates,
alters, or by any other means falsifies any such documentary evidence;
or who knowingly refuses to submit any such documentary evidence to the
Secretary for inspection and copying shall be guilty of an offense
against the United States, and upon conviction thereof shall be fined
not more than $5,000, or imprisoned for not more than three years, or
both.
(C) Any person who forcibly assaults, resists, opposes, impedes,
intimidates, or interferes with any person while engaged in or on
account of the performance of his official duties under this chapter
shall be fined not more than $5,000, or imprisoned not more than three
years, or both. Whoever, in the commission of such acts, uses a deadly
or dangerous weapon shall be fined not more than $10,000, or imprisoned
not more than ten years, or both. Whoever kills any person while
engaged in or on account of the performance of his official duties under
this chapter shall be punishable as provided under sections 1111 and
1112 of title 18.
(b) Civil penalties; review and enforcement
(1) Any person who violates section 1824 of this title shall be
liable to the United States for a civil penalty of not more than $2,000
for each violation. No penalty shall be assessed unless such person is
given notice and opportunity for a hearing before the Secretary with
respect to such violation. The amount of such civil penalty shall be
assessed by the Secretary by written order. In determining the amount
of such penalty, the Secretary shall take into account all factors
relevant to such determination, including the nature, circumstances,
extent, and gravity of the prohibited conduct and, with respect to the
person found to have engaged in such conduct, the degree of culpability,
any history of prior offenses, ability to pay, effect on ability to
continue to do business, and such other matters as justice may require.
(2) Any person against whom a violation is found and a civil penalty
assessed under paragraph (1) of this subsection may obtain review in the
court of appeals of the United States for the circuit in which such
person resides or has his place of business or in the United States
Court of Appeals for the District of Columbia Circuit by filing a notice
of appeal in such court within 30 days from the date of such order and
by simultaneously sending a copy of such notice by certified mail to the
Secretary. The Secretary shall promptly file in such court a certified
copy of the record upon which such violation was found and such penalty
assessed, as provided in section 2112 of title 28. The findings of the
Secretary shall be set aside if found to be unsupported by substantial
evidence.
(3) If any person fails to pay an assessment of a civil penalty after
it has become a final and unappealable order, or after the appropriate
court of appeals has entered final judgment in favor of the Secretary,
the Secretary shall refer the matter to the Attorney General, who shall
recover the amount assessed in any appropriate district court of the
United States. In such action, the validity and appropriateness of the
final order imposing the civil penalty shall not be subject to review.
(4) The Secretary may, in his discretion, compromise, modify, or
remit, with or without conditions, any civil penalty assessed under this
subsection.
(c) Disqualification of offenders; orders; civil penalties
applicable; enforcement procedures
In addition to any fine, imprisonment, or civil penalty authorized
under this section, any person who was convicted under subsection (a) of
this section or who paid a civil penalty assessed under subsection (b)
of this section or is subject to a final order under such subsection
assessing a civil penalty for any violation of any provision of this
chapter or any regulation issued under this chapter may be disqualified
by order of the Secretary, after notice and an opportunity for a hearing
before the Secretary, from showing or exhibiting any horse, judging or
managing any horse show, horse exhibition, or horse sale or auction for
a period of not less than one year for the first violation and not less
than five years for any subsequent violation. Any person who knowingly
fails to obey an order of disqualification shall be subject to a civil
penalty of not more than $3,000 for each violation. Any horse show,
horse exhibition, or horse sale or auction, or the management thereof,
collectively and severally, which knowingly allows any person who is
under an order of disqualification to show or exhibit any horse, to
enter for the purpose of showing or exhibiting any horse, to take part
in managing or judging, or otherwise to participate in any horse show,
horse exhibition, or horse sale or auction in violation of an order
shall be subject to a civil penalty of not more than $3,000 for each
violation. The provisions of subsection (b) of this section respecting
the assessment, review, collection, and compromise, modification, and
remission of a civil penalty apply with respect to civil penalties under
this subsection.
(d) Production of witnesses and books, papers, and documents;
depositions; fees; presumptions; jurisdiction
(1) The Secretary may require by subpena the attendance and testimony
of witnesses and the production of books, papers, and documents relating
to any matter under investigation or the subject of a proceeding.
Witnesses summoned before the Secretary shall be paid the same fees and
mileage that are paid witnesses in the courts of the United States.
(2) The attendance of witnesses, and the production of books, papers,
and documents, may be required at any designated place from any place in
the United States. In case of disobedience to a subpena the Secretary,
or any party to a proceeding before the Secretary, may invoke the aid of
any appropriate district court of the United States in requiring
attendance and testimony of witnesses and the production of such books,
papers, and documents under the provisions of this chapter.
(3) The Secretary may order testimony to be taken by deposition under
oath in any proceeding or investigation pending before him, at any stage
of the proceeding or investigation. Depositions may be taken before any
person designated by the Secretary who has power to administer oaths.
The Secretary may also require the production of books, papers, and
documents at the taking of depositions.
(4) Witnesses whose depositions are taken and the persons taking them
shall be entitled to the same fees as paid for like services in the
courts of the United States or in other jurisdictions in which they may
appear.
(5) In any civil or criminal action to enforce this chapter or any
regulation under this chapter a horse shall be presumed to be a horse
which is sore if it manifests abnormal sensitivity or inflammation in
both of its forelimbs or both of its hindlimbs.
(6) The United States district courts, the District Court of Guam,
the District Court of the Virgin Islands, the highest court of American
Samoa, and the United States courts of the other territories, are vested
with jurisdiction specifically to enforce, and to prevent and restrain
violations of this chapter, and shall have jurisdiction in all other
kinds of cases arising under this chapter, except as provided in
subsection (b) of this section.
(e) Detention of horses; seizure and condemnation of equipment
(1) The Secretary may detain (for a period not to exceed twenty-four
hours) for examination, testing, or the taking of evidence, any horse at
any horse show, horse exhibition, or horse sale or auction which is sore
or which the Secretary has probable cause to believe is sore. The
Secretary may require the temporary marking of any horse during the
period of its detention for the purpose of identifying the horse as
detained. A horse which is detained subject to this paragraph shall not
be moved by any person from the place it is so detained except as
authorized by the Secretary or until the expiration of the detention
period applicable to the horse.
(2) Any equipment, device, paraphernalia, or substance which was used
in violation of any provision of this chapter or any regulation issued
under this chapter or which contributed to the soring of any horse at or
prior to any horse show, horse exhibition, or horse sale or auction,
shall be liable to be proceeded against, by process of libel for the
seizure and condemnation of such equipment, device, paraphernalia, or
substance, in any United States district court within the jurisdiction
of which such equipment, device, paraphernalia, or substance is found.
Such proceedings shall conform as nearly as possible to proceedings in
rem in admiralty.
(Pub. L. 91-540, 6, Dec. 9, 1970, 84 Stat. 1406; Pub. L. 94-360, 7,
July 13, 1976, 90 Stat. 918.)
1976 -- Subsec. (a). Pub. L. 94-360 substituted provisions
increasing the maximum amount of fine that can be imposed and the
maximum length of imprisonment that can be ordered for knowingly
performing enumerated activities prohibited under this chapter, for
provisions authorizing a maximum civil penalty of $1,000 for each
unintentional violation of this chapter, requiring notice to an alleged
violator prior to assessment of any penalty and authorizing the
institution of civil actions by the Attorney General to enforce such
penalties.
Subsec. (b). Pub. L. 94-360 substituted provisions relating to
imposition of civil penalties up to $2,000, criteria for imposition of
particular amounts, and procedures for review and enforcement of civil
penalties, for provisions authorizing fines up to $2,000 and/or
imprisonment up to six months for intentional violations of provisions
of this chapter or any regulation issued thereunder.
Subsecs. (c) to (e). Pub. L. 94-360 added subsecs. (c) to (e).
Admiralty and maritime rules of practice (which included libel
procedures) were superseded, and civil and admiralty procedures in
United States district courts were unified, effective July 1, 1966, see
rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims,
Title 28, Appendix, Judiciary and Judicial Procedure.
15 USC 1826. Notice of violations to Attorney General
TITLE 15 -- COMMERCE AND TRADE
Whenever the Secretary believes that a willful violation of this
chapter has occurred and that prosecution is needed to obtain compliance
with this chapter, he shall inform the Attorney General and the Attorney
General shall take such action with respect to such matter as he deems
appropriate.
(Pub. L. 91-540, 7, Dec. 9, 1970, 84 Stat. 1406.)
15 USC 1827. Utilization of personnel of Department of Agriculture and
officers and employees of consenting States; technical and other
nonfinancial assistance to State
TITLE 15 -- COMMERCE AND TRADE
(a) Assistance from Department of Agriculture and States
The Secretary, in carrying out the provisions of this chapter, shall
utilize, to the maximum extent practicable, the existing personnel and
facilities of the Department of Agriculture. The Secretary is further
authorized to utilize the officers and employees of any State, with its
consent, and with or without reimbursement, to assist him in carrying
out the provisions of this chapter.
(b) Assistance to States
The Secretary may, upon request, provide technical and other
nonfinancial assistance (including the lending of equipment on such
terms and conditions as the Secretary determines is appropriate) to any
State to assist it in administering and enforcing any law of such State
designed to prohibit conduct described in section 1824 of this title.
(Pub. L. 91-540, 8, Dec. 9, 1970, 84 Stat. 1406; Pub. L. 94-360, 8,
July 13, 1976, 90 Stat. 920.)
1976 -- Pub. L. 94-360 designated existing provisions as subsec.
(a) and added subsec. (b).
15 USC 1828. Rules and regulations
TITLE 15 -- COMMERCE AND TRADE
The Secretary is authorized to issue such rules and regulations as he
deems necessary to carry out the provisions of this chapter.
(Pub. L. 91-540, 9, Dec. 9, 1970, 84 Stat. 1406.)
15 USC 1829. Preemption of State laws; concurrent jurisdiction;
prohibition on certain State action
TITLE 15 -- COMMERCE AND TRADE
No provision of this chapter shall be construed as indicating an
intent on the part of the Congress to occupy the field in which such
provision operates to the exclusion of the law of any State on the same
subject matter, unless there is a direct and positive conflict between
such provision and the law of the State so that the two cannot be
reconciled or consistently stand together. Nor shall any provision of
this chapter be construed to exclude the Federal Government from
enforcing the provision of this chapter within any State, whether or not
such State has enacted legislation on the same subject, it being the
intent of the Congress to establish concurrent jurisdiction with the
States over such subject matter. In no case shall any such State take
any action pursuant to this section involving a violation of any such
law of that State which would preclude the United States from enforcing
the provisions of this chapter against any person.
(Pub. L. 91-540, 10, Dec. 9, 1970, 84 Stat. 1406.)
15 USC 1830. Report to the Congress
TITLE 15 -- COMMERCE AND TRADE
On or before the expiration of thirty calendar months following
December 9, 1970, and every twelve calendar months thereafter, the
Secretary shall submit to the Congress a report upon the matters covered
by this chapter, including enforcement and other actions taken
thereunder, together with such recommendations for legislative and other
action as he deems appropriate.
(Pub. L. 91-540, 11, Dec. 9, 1970, 84 Stat. 1406; Pub. L. 94-360, 9,
July 13, 1976, 90 Stat. 920.)
1976 -- Pub. L. 94-360 substituted ''twelve calendar months'' for
''twenty-four calendar-month period''.
15 USC 1831. Authorization of appropriations
TITLE 15 -- COMMERCE AND TRADE
There are authorized to be appropriated to carry out this chapter
$125,000 for the period beginning July 1, 1976, and ending September 30,
1976; and for the fiscal year beginning October 1, 1976, and for each
fiscal year thereafter there are authorized to be appropriated such
sums, not to exceed $500,000, as may be necessary to carry out this
chapter.
(Pub. L. 91-540, 12, Dec. 9, 1970, 84 Stat. 1407; Pub. L. 94-360,
10, July 13, 1976, 90 Stat. 921.)
1976 -- Pub. L. 94-360 substituted provisions authorizing $125,000
to be appropriated for the period beginning July 1, 1976 and ending
September 30, 1976, and $500,000 to be appropriated for the fiscal year
beginning October 1, 1976, and each fiscal year thereafter, to carry out
the purposes of this chapter, for provisions authorizing not more than
$100,000 to be appropriated annually to carry out the provisions of this
chapter.
Section 10 of Pub. L. 94-360 provided that the amendment made by
that section is effective July 1, 1976.
15 USC CHAPTER 45 -- EMERGENCY LOAN GUARANTEES TO BUSINESS ENTERPRISES
TITLE 15 -- COMMERCE AND TRADE
1841. Emergency Loan Guarantee Board; establishment; membership;
voting.
1842. Authority for loan guarantees; terms and conditions.
1843. Limitations and conditions of loan guarantees.
(a) Necessary findings.
(b) Term of loans; renewal.
(c) Interest rates, determination; guarantee fee.
1844. Security for loan guarantees.
1845. Requirements applicable to loan guarantees.
(a) Stock dividends or other payments, prohibition; waiver.
(b) Managerial changes.
(c) Financial statement; access to documents.
(d) Exhaustion of remedies.
(e) Protective provisions; advances.
(f) Loan security, priority; collateral.
1846. Powers and duties.
(a) Board; inspection of documents; disapproval of certain
transactions.
(b) General Accounting Office; audit; report to Board and Congress.
1847. Maximum obligation.
1848. Emergency loan guarantee fund.
(a) Establishment; use; investment.
(b) Guarantee fee; deposits in fund.
(c) Payments; issuance of notes or other obligations when fund
moneys insufficient: forms and denominations, maturities, terms and
conditions, interest rate; public debt transaction.
1849. Federal Reserve banks as fiscal agents.
1850. Protection of Government's interest.
(a) Attorney General, enforcement authority; payments into emergency
loan guarantee fund.
(b) Recovery rights; subrogation.
1851. Reports to Congress; recommendations.
1852. Termination date.
15 USC 1841. Emergency Loan Guarantee Board; establishment;
membership; voting
TITLE 15 -- COMMERCE AND TRADE
There is created an Emergency Loan Guarantee Board (referred to in
this chapter as the ''Board'') composed of the Secretary of the
Treasury, as Chairman, the Chairman of the Board of Governors of the
Federal Reserve System, and the Chairman of the Securities and Exchange
Commission. Decisions of the Board shall be made by majority vote.
(Pub. L. 92-70, 2, Aug. 9, 1971, 85 Stat. 178.)
Section 1 of Pub. L. 92-70 provided that: ''This Act (enacting this
chapter) may be cited as the 'Emergency Loan Guarantee Act'.''
15 USC 1842. Authority for loan guarantees; terms and conditions
TITLE 15 -- COMMERCE AND TRADE
The Board, on such terms and conditions as it deems appropriate, may
guarantee, or make commitments to guarantee, lenders against loss of
principal or interest on loans that meet the requirements of this
chapter.
(Pub. L. 92-70, 3, Aug. 9, 1971, 85 Stat. 178.)
15 USC 1843. Limitations and conditions of loan guarantees
TITLE 15 -- COMMERCE AND TRADE
(a) Necessary findings
A guarantee of a loan may be made under this chapter only if --
(1) the Board finds that (A) the loan is needed to enable the
borrower to continue to furnish goods or services and failure to meet
this need would adversely and seriously affect the economy of or
employment in the Nation or any region thereof, (B) credit is not
otherwise available to the borrower under reasonable terms or
conditions, and (C) the prospective earning power of the borrower,
together with the character and value of the security pledged, furnish
reasonable assurance that it will be able to repay the loan within the
time fixed, and afford reasonable protection to the United States; and
(2) the lender certifies that it would not make the loan without such
guarantee.
(b) Term of loans; renewal
Loans guaranteed under this chapter shall be payable in not more than
five years, but may be renewable for not more than an additional three
years.
(c) Interest rates, determination; guarantee fee
(1) Loans guaranteed under this chapter shall bear interest payable
to the lending institutions at rates determined by the Board taking into
account the reduction in risk afforded by the loan guarantee and rates
charged by lending institutions on otherwise comparable loans.
(2) The Board shall prescribe and collect a guarantee fee in
connection with each loan guaranteed under this chapter. Such fee shall
reflect the Government's administrative expense in making the guarantee
and the risk assumed by the Government and shall not be less than an
amount which, when added to the amount of interest payable to the lender
of such loan, produces a total charge appropriate for loan agreements of
comparable risk and maturity if supplied by the normal capital markets.
(Pub. L. 92-70, 4, Aug. 9, 1971, 85 Stat. 178.)
15 USC 1844. Security for loan guarantees
TITLE 15 -- COMMERCE AND TRADE
In negotiating a loan guarantee under this chapter, the Board shall
make every effort to arrange that the payment of the principal of and
interest on any plan guaranteed shall be secured by sufficient property
of the enterprise to collateralize fully the amount of the loan
guarantee.
(Pub. L. 92-70, 5, Aug. 9, 1971, 85 Stat. 179.)
15 USC 1845. Requirements applicable to loan guarantees
TITLE 15 -- COMMERCE AND TRADE
(a) Stock dividends or other payments, prohibition; waiver
A guarantee agreement made under this chapter with respect to an
enterprise shall require that while there is any principal or interest
remaining unpaid on a guaranteed loan to that enterprise the enterprise
may not --
(1) declare a dividend on its common stock; or
(2) make any payment on its other indebtedness to a lender whose loan
has been guaranteed under this chapter.
The Board may waive either or both of the requirements set forth in
this subsection, as specified in the guarantee agreement covering a loan
to any particular enterprise, if it determines that such waiver is not
inconsistent with the reasonable protection of the interests of the
United States under the guarantee.
(b) Managerial changes
If the Board determines that the inability of an enterprise to obtain
credit without a guarantee under this chapter is the result of a failure
on the part of management to exercise reasonable business prudence in
the conduct of the affairs of the enterprise, the Board shall require
before guaranteeing any loan to the enterprise that the enterprise make
such management changes as the Board deems necessary to give the
enterprise a sound managerial base.
(c) Financial statement; access to documents
A guarantee of a loan to any enterprise shall not be made under this
chapter unless --
(1) the Board has received an audited financial statement of the
enterprise; and
(2) the enterprise permits the Board to have the same access to its
books and other documents as the Board would have under section 1846 of
this title in the event the loan is guaranteed.
(d) Exhaustion of remedies
No payment shall be made or become due under a guarantee entered into
under this chapter unless the lender has exhausted any remedies which it
may have under the guarantee agreement.
(e) Protective provisions; advances
(1) Prior to making any guarantee under this chapter, the Board shall
satisfy itself that the underlying loan agreement on which the guarantee
is sought contains all the affirmative and negative covenants and other
protective provisions which are usual and customary in loan agreements
of a similar kind, including previous loan agreements between the lender
and the borrower, and that it cannot be amended, or any provisions
waived, without the Board's prior consent.
(2) On each occasion when the borrower seeks an advance under the
loan agreement, the guarantee authorized by this chapter shall be in
force as to the funds advanced only if --
(A) the lender gives the Board at least ten days' notice in writing
of its intent to provide the borrower with funds pursuant to the loan
agreement;
(B) the lender certifies to the Board before an advance is made that,
as of the date of the notice provided for in subparagraph (A), the
borrower is not in default under the loan agreement: Provided, That if
a default has occurred the lender shall report the facts and
circumstances relating thereto to the Board and the Board may expressly
and in writing waive such default in any case where it determines that
such waiver is not inconsistent with the reasonable protection of the
interests of the United States under the guarantee; and
(C) the borrower provides the Board with a plan setting forth the
expenditures for which the advance will be used and the period during
which the expenditures will be made, and, upon the expiration of such
periods, reports to the Board any instances in which amounts advanced
have not been expended in accordance with the plan.
(f) Loan security, priority; collateral
(1) A guarantee agreement made under this chapter shall contain a
requirement that as between the Board and the lender, the Board shall
have a priority with respect to, and to the extent of, the lender's
interest in any collateral securing the loan and any earlier outstanding
loans. The Board shall take all steps necessary to assure such priority
against any other persons.
(2) As used in paragraph (1) of this subsection, the term
''collateral'' includes all assets pledged under loan agreements and, if
appropriate in the opinion of the Board, all sums of the borrower on
deposit with the lender and subject to offset under section 68 of the
Bankruptcy Act.
(Pub. L. 92-70, 6, Aug. 9, 1971, 85 Stat. 179.)
Section 68 of the Bankruptcy Act, referred to in subsec. (f)(2), was
classified to section 108 of former Title 11, Bankruptcy. The
Bankruptcy Act was repealed effective Oct. 1, 1979, by Pub. L.
95-598, 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of
which enacted revised Title 11. See sections 502(b)(3) and 553 of Title
11.
15 USC 1846. Powers and duties
TITLE 15 -- COMMERCE AND TRADE
(a) Board; inspection of documents; disapproval of certain
transactions
The Board is authorized to inspect and copy all accounts, books,
records, memoranda, correspondence, and other documents of any
enterprise which has received financial assistance under this chapter
concerning any matter which may bear upon (1) the ability of such
enterprise to repay the loan within the time fixed therefor; (2) the
interests of the United States in the property of such enterprise; and
(3) the assurance that there is reasonable protection to the United
States. The Board is authorized to disapprove any transaction of such
enterprise involving the disposition of its assets which may affect the
repayment of a loan that has been guaranteed pursuant to the provisions
of this chapter.
(b) General Accounting Office; audit; report to Board and Congress
The General Accounting Office shall make a detailed audit of all
accounts, books, records, and transactions of any borrower with respect
to which an application for a loan guarantee is made under this chapter.
The General Accounting Office shall report the results of such audit to
the Board and to the Congress.
(Pub. L. 92-70, 7, Aug. 9, 1971, 85 Stat. 180.)
15 USC 1847. Maximum obligation
TITLE 15 -- COMMERCE AND TRADE
The maximum obligation of the Board under all outstanding loans
guaranteed by it shall not exceed at any time $250,000,000.
(Pub. L. 92-70, 8, Aug. 9, 1971, 85 Stat. 181.)
15 USC 1848. Emergency loan guarantee fund
TITLE 15 -- COMMERCE AND TRADE
(a) Establishment; use; investment
There is established in the Treasury an emergency loan guarantee fund
to be administered by the Board. The fund shall be used for the payment
of the expenses of the Board and for the purpose of fulfilling the
Board's obligations under this chapter. Moneys in the fund not needed
for current operations may be invested in direct obligations of, or
obligations that are fully guaranteed as to principal and interest by,
the United States or any agency thereof.
(b) Guarantee fee; deposits in fund
The Board shall prescribe and collect a guarantee fee in connection
with each loan guaranteed by it under this chapter. Sums realized from
such fees shall be deposited in the emergency loan guarantee fund.
(c) Payments; issuance of notes or other obligations when fund
moneys insufficient: forms and denominations, maturities, terms and
conditions, interest rate; public debt transaction
Payments required to be made as a consequence of any guarantee by the
Board shall be made from the emergency loan guarantee fund. In the
event that moneys in the fund are insufficient to make such payments, in
order to discharge its responsibilities, the Board is authorized to
issue to the Secretary of the Treasury notes or other obligations in
such forms and denominations, bearing such maturities, and subject to
such terms and conditions as may be prescribed by the Board with the
approval of the Secretary of the Treasury. Such notes or other
obligations shall bear interest at a rate determined by the Secretary of
the Treasury, taking into consideration the current average market yield
on outstanding marketable obligations of the United States of comparable
maturities during the month preceding the issuance of the notes or other
obligations. The Secretary of the Treasury is authorized and directed
to purchase any notes and other obligations issued hereunder and for
that purpose he is authorized to use as a public debt transaction the
proceeds from the sale of any securities issued under chapter 31 of
title 31 and the purposes for which securities may be issued under that
chapter are extended to include any purchase of such notes and
obligations.
(Pub. L. 92-70, 9, Aug. 9, 1971, 85 Stat. 181.)
In subsec. (c), ''chapter 31 of title 31'' and ''that chapter''
substituted for ''the Second Liberty Bond Act, as amended,'' and ''that
Act'', respectively, on authority of Pub. L. 97-258, 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31, Money
and Finance.
15 USC 1849. Federal Reserve banks as fiscal agents
TITLE 15 -- COMMERCE AND TRADE
Any Federal Reserve bank which is requested to do so shall act as
fiscal agent for the Board. Each such fiscal agent shall be reimbursed
by the Board for all expenses and losses incurred by it in acting as
agent on behalf of the Board.
(Pub. L. 92-70, 10, Aug. 9, 1971, 85 Stat. 181.)
15 USC 1850. Protection of Government's interest
TITLE 15 -- COMMERCE AND TRADE
(a) Attorney General, enforcement authority; payments into emergency
loan guarantee fund
The Attorney General shall take such action as may be appropriate to
enforce any right accruing to the United States or any officer or agency
thereof as a result of the issuance of guarantees under this chapter.
Any sums recovered pursuant to this section shall be paid into the
emergency loan guarantee fund.
(b) Recovery rights; subrogation
The Board shall be entitled to recover from the borrower, or any
other person liable therefor, the amount of any payments made pursuant
to any guarantee agreement entered into under this chapter, and upon
making any such payment, the Board shall be subrogated to all the rights
of the recipient thereof.
(Pub. L. 92-70, 11, Aug. 9, 1971, 85 Stat. 181.)
15 USC 1851. Reports to Congress; recommendations
TITLE 15 -- COMMERCE AND TRADE
The Board shall submit to the Congress annually a full report of its
operations under this chapter. In addition, the Board shall submit to
the Congress a special report not later than June 30, 1973, which shall
include a full report of the Board's operations together with its
recommendations with respect to the need to continue the guarantee
program beyond the termination date specified in section 1852 of this
title. If the Board recommends that the program should be continued
beyond such termination date, it shall state its recommendations with
respect to the appropriate board, agency, or corporation which should
administer the program.
(Pub. L. 92-70, 12, Aug. 9, 1971, 85 Stat. 182.)
15 USC 1852. Termination date
TITLE 15 -- COMMERCE AND TRADE
The authority of the Board to enter into any guarantee or to make any
commitment to guarantee under this chapter terminates on December 31,
1973. Such termination does not affect the carrying out of any
contract, guarantee, commitment, or other obligation entered into
pursuant to this chapter prior to that date, or the taking of any action
necessary to preserve or protect the interests of the United States in
any amounts advanced or paid out in carrying on operations under this
chapter.
(Pub. L. 92-70, 13, Aug. 9, 1971, 85 Stat. 182.)
15 USC CHAPTER 45A -- CHRYSLER CORPORATION LOAN GUARANTEE
TITLE 15 -- COMMERCE AND TRADE
15 USC 1861 to 1875. Omitted
TITLE 15 -- COMMERCE AND TRADE
Sections, Pub. L. 96-185, 1-16, Jan. 7, 1980, 93 Stat. 1324, were
omitted in view of the termination of authority to make commitments to
guarantee or issue guarantees under this chapter on Dec. 31, 1983,
pursuant to section 1875 of this title, and the total repayment of loans
guaranteed under this chapter.
Section 1861 provided definitions for this chapter.
Section 1862 related to establishment and composition of Chrysler
Corporation Loan Guarantee Board.
Section 1863 related to commitments for loan guarantees.
Section 1864 related to requirements of loan guarantees.
Section 1865 related to requirements applicable to employees.
Section 1866 related to employee stock ownership plan.
Section 1867 related to limitations on guarantee authority.
Section 1868 related to terms and conditions of loan guarantees.
Section 1869 related to inspection, audit, and investigation.
Section 1870 related to protection of Government's interest.
Section 1871 related to long-term planning study.
Section 1872 related to ineligibility of guaranteed loans for
purchase by or sale or issuance to Federal Financing Bank or other
Federal entity partly or wholly owned by United States.
Section 1873 related to reports to Congress.
Section 1874 related to authorization of appropriations.
Section 1875 provided that authority to make commitments to guarantee
or to issue guarantees under this chapter expires on Dec. 31, 1983.
15 USC CHAPTER 46 -- MOTOR VEHICLE INFORMATION AND COST SAVINGS
TITLE 15 -- COMMERCE AND TRADE
Sec.
1901. Definitions.
1911. Congressional findings and declaration of purpose.
(a) Findings.
(b) Purpose.
1912. Promulgation of bumper standards.
(a) Authority of Secretary; applicability to passenger motor
vehicles and equipment.
(b) Criteria; conflict of standards with motor vehicle safety
standards.
(c) Exemptions; attachment of detachable hitches.
(d) Effective date.
(e) Rule making procedure; hearing.
1913. Judicial review of rules establishing bumper standards.
(a) Filing of petition; time for filing; jurisdiction; venue;
transmittal of copy of petition to Secretary; filing of record of
proceedings by Secretary.
(b) Additional evidence before Secretary; procedure; findings and
recommendations of Secretary.
(c) Applicability of sections 701 to 706 of title 5.
(d) Review by Supreme Court.
(e) Availability of other remedies.
1914. Powers of Secretary.
(a) Conduct of hearings; subpena of witnesses and production of
books, records, etc.; examination of relevant documentary evidence;
orders requiring persons to file reports and answer specific questions;
enforcement of subpenas and orders by district courts; contempt
proceedings; payment of fees and mileage to witnesses.
(b) Disclosure of confidential information.
(c) Requests for information from other Federal departments,
agencies, and instrumentalities; compliance; detail of personnel by
head of other Federal departments, agencies, and instrumentalities.
(d) Conduct of research.
1915. Determination of compliance by manufacturer with bumper
standards.
(a) Records, reports, and information from manufacturer; inspection
and examination of vehicles and relevant documents; availability of
vehicles and equipment for testing; negotiated price for test vehicles
and equipment.
(b) Entry into factory, warehouse, or establishment for reasonable
inspection by duly designated officers, etc., of Secretary upon
presentment to owner, operator, or agent in charge of credentials and
written notice.
(c) Certification by manufacturer or distributor to distributor or
dealer at time of delivery of vehicle or item of equipment of
conformance to applicable Federal bumper standards; form of
certification; nonapplicability to exports.
1916. Prohibited acts.
(a) Failure to comply with bumper standard, rule, recordkeeping,
inspection, or certification requirements.
(b) Exemptions from compliance with bumper standards; compliance of
imported passenger motor vehicles or equipment with bumper standard;
importation of passenger motor vehicle or equipment after first purchase
in good faith for purpose other than resale.
(c) Liability under statutory or common law not affected by
compliance with bumper standard.
1917. Enforcement provisions.
(a) Civil penalties; assessment and collection in civil action;
separate nature of violations; maximum amount of penalties.
(b) Violations by persons or corporations subsequent to receipt of
notice of noncompliance; liability; amount of penalties.
(c) Injunctive relief to restrain violations of bumper standards;
petition; jurisdiction; notice by Secretary to person against whom
action is contemplated to present views and achieve compliance;
criminal contempt proceedings; venue; subpenas for witnesses.
1918. Civil action against manufacturer for failure to comply with
bumper standards; persons entitled to bring suit; jurisdiction;
venue; items of recovery; period of limitation.
1919. Public access to information.
1920. State and local bumper standards.
(a) Establishment.
(b) Enforcement; bumper standards for Federal, State, or locally
owned vehicles.
1921. Authorization of appropriations.
1922. Annual report.
1941. Consumer information study by Secretary.
(a) Scope of study.
(b) Recommendations.
(c) Dissemination of information to consumers.
(d) Compilation and distribution of information.
(e) Insurance premium rate comparisons; establishment of procedures
requiring automobile dealers to distribute information to prospective
purchasers.
1942. Appointment, compensation, etc., by Secretary of personnel,
experts, consultants, and advisory committees to assist in study.
1943. Requests by Secretary for information from other Federal
departments, etc.
(a) Compliance.
(b) Detail of personnel by head of other Federal departments, etc.;
reimbursement.
1944. Powers of Secretary.
(a) Conduct of hearings; subpena of witnesses and production of
books, records, etc.
(b) Examination of relevant documentary evidence.
(c) Orders requiring persons to file reports and answer specific
questions.
(d) Enforcement of subpenas and orders by district courts; contempt
proceedings.
(e) Payment of fees and mileage to witnesses.
(f) Disclosure of confidential information.
1945. Insurance reports and information.
(a) Duty of insurers of passenger motor vehicles.
(b) Scope of reports and information.
(c) Considerations governing request by Secretary for reports and
information.
(d) Voluntary nature of compliance by insurer with request of
Secretary.
(e) Damage susceptibility, crashworthiness, and damage repair and
personal injury cost information.
(f) Dissemination of information by Secretary.
(g) Time and manner of furnishing information.
1946. Prohibited acts.
1947. Injunctive relief to restrain violations of information
requirements; petition; jurisdiction; notice by Secretary to person
against whom action is contemplated for opportunity to present views and
achieve compliance; venue; subpenas for witnesses.
1948. Civil penalties for violations of information requirements.
(a) Separate nature of violations; maximum amount of penalties.
(b) Compromise of penalty by Secretary; determination of amount of
penalty or amount of compromised penalty; deduction of amount of
penalty.
(c) Venue; subpenas for witnesses.
1949. Authorization of appropriations.
1961. Powers of Secretary.
(a) Establishment of demonstration projects; commencement of
inspections.
(b) Grants and technical assistance to States; consultations with
Administrator of Environmental Protection Agency.
(c) Conduct or supervision by States of demonstration projects;
nonprofit performance of diagnostic inspection services; limitations on
demonstration projects.
1962. Eligibility of States for grants or other assistance.
(a) Application.
(b) Requirements for demonstration projects.
1963. Implementation of grants or other assistance to States.
(a) Time, manner, and contents of application.
(b) Limitation on amount of grant; date for eligibility of
inspection costs; retention of equipment by State; manner of payments.
(c) Minimum use of grants for diagnostic inspection demonstration
projects.
1963a. Duties of Secretary.
(a) Establishment of special demonstration project; purposes of
motor vehicle inspection.
(b) Evaluation of equipment available for use in small automotive
repair establishments; report to Congress.
(c) Participation of certain Federal Administrators.
1964. Authorization of appropriations.
1981. Congressional findings and declaration of purpose.
1982. Definitions.
1983. Devices causing odometer to register other than true mileage
driven prohibited.
1984. Change of mileage indicated on odometer prohibited.
1985. Operation of motor vehicle with knowledge of disconnected or
nonfunctional odometer prohibited.
1986. Conspiracy to violate odometer requirements.
1987. Lawful service, repair, or replacement of odometer;
adjustment of mileage and notice of adjustment; failure to adjust
mileage or affix notice of adjustment and removal or alteration of
notice with fraudulent intent prohibited.
(a) Adjustment of mileage and notice of adjustment.
(b) Failure to adjust mileage or affix notice; fraudulent removal or
alteration.
1988. Disclosure requirements upon transfer of ownership of motor
vehicle.
(a) Promulgation of rules.
(b) Violations of rules and giving false statements to transferees
prohibited.
(c) Acceptance of incomplete written disclosure by transferees
acquiring ownership for resale prohibited.
(d) Statement by transferor of mileage disclosure prior to licensing
by transferee.
(e) Written disclosure regarding mileage by lessee to lessor upon
lessor's transfer of ownership of leased motor vehicle.
(f) State alternate motor vehicle mileage disclosure requirements.
(g) Recordkeeping requirements for auction company where motor
vehicle sold at auction.
1989. Civil actions to enforce liability for violations of odometer
requirements.
(a) Amount of damages.
(b) Jurisdiction; period of limitation.
1990. Injunctive relief to restrain violations.
(a) Jurisdiction; venue; service of process.
(b) Subpenas for witnesses.
1990a. State action to restrain violation or recover damages.
(a) Action by chief law enforcement officer.
(b) Period of limitation; jurisdiction.
1990b. Civil penalty.
(a) Maximum amounts.
(b) Assessment; collection; compromise.
1990c. Criminal penalties.
(a) Maximum amounts.
(b) Liability of director, etc., of corporation.
1990d. Inspections and investigations.
(a) Authorization of Secretary; cooperation with State and local
officials; power of designated officers or employees to enter, impound,
and inspect; compensation for impounding of motor vehicles or
equipment.
(b) Recordkeeping requirements.
(c) Administrative proceedings; access to and copying of documentary
evidence; written reports and answers; judicial enforcement of
subpoenas or orders; witness fees and mileage.
(d) Disclosure of confidential information.
1990e. Administrative warrants.
(a) Necessity.
(b) Issuance and execution; inventory of impounded property; filing
of papers.
1990f. Compliance with inspection and investigation requirements.
1990g. Authorization of appropriations.
1991. State odometer requirements.
2001. Definitions.
2002. Average fuel economy standards.
(a) Standards for passenger vehicles manufactured after 1977; review
of standards; report to Congress; standards for passenger automobiles
manufactured from 1981 through 1984; amendment of standards.
(b) Standards for other than passenger automobiles.
(c) Exemptions for manufacturers of limited number of cars.
(d) Application for modification of standards.
(e) Determination of maximum feasible average fuel economy.
(f) Amendment of average fuel economy standards.
(g) Exemption of emergency vehicles from fuel economy standards.
(h) Application of other laws.
(i) Consultation with Secretary of Energy; impact of proposed
standards upon conservation goals; comments.
(j) Notification of Secretary of Energy; comments.
(k) Adjustments or relief regarding standards for other than
passenger automobiles.
(l) Credits for exceeding average fuel economy standards.
2003. Calculation of average fuel economy.
(a) Method of calculation.
(b) Automobile categories.
(c) ''Automobiles manufactured'' defined.
(d) Testing and calculation procedures.
(e) Rounding off of measurements of fuel economy.
(f) Consultation and coordination by Administrator with Secretary.
2004. Judicial review.
(a) Review of rules in courts of appeals.
(b) Additional submissions.
(c) Finality of determination; review by United States Supreme
Court.
(d) Remedy in addition to other remedies provided by law.
2005. Information and reports.
(a) Reports by manufacturers; time; contents.
(b) Hearings; evidence.
(c) Tests, reports, etc., which may be required of manufacturers.
(d) Disclosure of information to public.
2006. Labeling.
(a) Label required on automobile; contents.
(b) Booklet containing fuel economy data; distribution by
administrator.
(c) Violations.
(d) Creation of warranties.
(e) Consultation by Administrator with other agency personnel.
2007. Unlawful conduct.
(a) Designation.
(b) Exception.
2008. Civil penalty.
(a) Penalty for violations; credit against penalty.
(b) Amount of penalty; compromise or modification.
(c) Review of penalty by interested person.
(d) Prescription of additional amount by rule.
(e) Publication of proposed rule; hearing; evidence; publication
of final rule; judicial review.
2009. State laws.
(a) Fuel economy standards.
(b) Fuel economy disclosures.
(c) State or political subdivision automobiles.
2010. Use of fuel efficient passenger automobiles by Federal
Government.
(a) Rules.
(b) Definitions.
2011. Retrofit devices.
(a) Examination of fuel economy representations.
(b) Evaluation of retrofit devices.
(c) Results of tests; publication in Federal Register.
(d) Rules establishing tests and procedures for evaluation of
retrofit devices.
(e) Definitions.
2012. Reports to Congress.
(a) Fuel flow instrument requirement.
(b) Inclusion of electric vehicles under provisions of this
subchapter.
(c) Effects of exemption granted.
2013. Manufacturing incentives for automobiles.
(a) Alcohol powered automobile.
(b) Dual energy automobile.
(c) Natural gas powered automobile.
(d) Natural gas dual energy automobile.
(e) Fuel economy calculation.
(f) Applicability.
(g) Maximum increase.
(h) Definitions.
2021. Definitions.
2022. Theft prevention standards.
(a) Authority to promulgate.
(b) Criteria.
(c) Proposed and final rules establishing standard.
(d) Required identification.
(e) Recordkeeping requirements.
2023. Designation of high theft vehicle lines and parts.
(a) Categories.
(b) Determination of theft rate.
(c) Need for manufacturer information.
(d) Power of Secretary.
2024. Cost limitation.
(a) Maximum cost to manufacturer.
(b) Computation of manufacturer's costs.
(c) Adjustment of costs.
2025. Exemption for vehicles with antitheft devices.
(a) Grounds.
(b) Procedure.
(c) Time of determination.
(d) Rescission of exemption.
(e) ''Antitheft device'' defined.
2026. Determination of compliance of manufacturer.
(a) Recordkeeping requirements.
(b) Notice and inspection.
(c) Certificate of compliance.
(d) Notice of error.
2027. Prohibited acts.
2028. Enforcement provisions; maximum penalties; injunctive
relief.
2029. Confidentiality of information.
2030. Judicial review.
2031. Coordination with State and local law.
2032. Insurance reports and information.
(a) Required information.
(b) Periodic compilations.
(c) Consultation with State and insurance regulatory agencies.
(d) Reduced claims payment.
(e) Prescribed form for information.
(f) ''Motor vehicle'' defined.
2033. Voluntary vehicle identification standards.
(a) Authority to promulgate.
(b) Criteria.
(c) Voluntary compliance.
(d) Relief from requirements.
2034. Three-year and five-year studies regarding motor vehicle
theft.
(a) Three-year report.
(b) Five-year report.
(c) Bases of reports.
15 USC 1901. Definitions
TITLE 15 -- COMMERCE AND TRADE
For the purpose of this chapter (except subchapter V and except as
provided in section 2021 of this title):
(1) The term ''passenger motor vehicle'' means a motor vehicle with
motive power, designed for carrying twelve persons or less, except (A) a
motorcycle or (B) a truck not designed primarily to carry its operator
or passengers.
(2) The term ''multipurpose passenger vehicle'' means a passenger
motor vehicle which is constructed either on a truck chassis or with
special features for occasional off-road operation.
(3) The term ''passenger motor vehicle equipment'' means (A) any
system, part or component of a passenger motor vehicle as originally
manufactured or any similar part or component manufactured or sold for
replacement or improvement of such system, part, or component or as an
accessory, or addition to a passenger motor vehicle, or (B) a towing
device.
(4) The term ''towing device'' means any device manufactured or sold
for use in towing a passenger motor vehicle.
(5) The term ''property loss reduction standard'' means a minimum
performance standard established for the purpose of increasing the
resistance of passenger motor vehicles or passenger motor vehicle
equipment to damage resulting from motor vehicle accidents or for the
purpose of reducing the cost of repairing such vehicles or such
equipment damaged as a result of such accidents.
(6) The term ''bumper standard'' means any property loss reduction
standard the purpose of which is (A) to eliminate or reduce
substantially physical damage to the front or rear ends (or both) of a
passenger motor vehicle resulting from (i) a low-speed collision
(including but not limited to a low-speed collision with a fixed
barrier) or (ii) from the towing of such vehicle, or (B) to reduce
substantially the cost of repair of the front or rear ends (or both) of
such a vehicle when damaged (i) in such a collision or (ii) as a result
of being towed; but such a standard may not specify a specific dollar
amount for the cost of repair of a vehicle when so damaged.
(7) The term ''manufacturer'' means any person engaged in the
manufacturing or assembling of passenger motor vehicles or passenger
motor vehicle equipment including any person importing motor vehicles or
motor vehicle equipment for resale.
(8) The term ''make'' when used in describing a passenger motor
vehicle means the trade name of the manufacturer of that vehicle.
(9) The term ''model'' when used in describing a passenger motor
vehicle means a category of passenger motor vehicle based upon the size,
style, and type of any make of passenger motor vehicle.
(10) The term ''motor vehicle accident'' means an accident arising
out of the operation, maintenance, or use of a passenger motor vehicle
or passenger motor vehicle equipment.
(11) The term ''Secretary'' means the Secretary of Transportation.
(12) The term ''insurer of passenger motor vehicles'' means any
person engaged in the business of issuing (or reinsuring, in whole or
part) passenger motor vehicle insurance policies.
(13) The term ''damage susceptibility'' means susceptibility to
physical damage incurred by a passenger motor vehicle involved in a
motor vehicle accident.
(14) The term ''crashworthiness'' means the protection that a
passenger motor vehicle affords its passengers against personal injury
or death as a result of a motor vehicle accident.
(15) The term ''motor vehicle'' means any vehicle driven or drawn by
mechanical power manufactured primarily for use on the public streets,
roads, and highways, except any vehicle operated exclusively on a rail
or rails.
(16) The term ''State'' includes each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, the Canal Zone, and American Samoa.
(17) The term ''interstate commerce'' means commerce between any
place in a State and any place in another State, or between places in
the same State through another State.
(18) The term ''United States district courts'' means the Federal
district courts of the United States and the United States courts of the
Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone,
and American Samoa.
(Pub. L. 92-513, 2, Oct. 20, 1972, 86 Stat. 947; Pub. L. 94-163,
title III, 301, Dec. 22, 1975, 89 Stat. 901; Pub. L. 96-425, 8(a)( 2),
Oct. 10, 1980, 94 Stat. 1828; Pub. L. 98-547, title I, 101(b), Oct.
25, 1984, 98 Stat. 2767.)
For definition of Canal Zone, referred to in par. (16), see section
3602(b) of Title 22, Foreign Relations and Intercourse.
1984 -- Pub. L. 98-547 inserted ''and except as provided in section
2021 of this title'' in provisions before par. (1).
1980 -- Pub. L. 96-425 substituted ''(except subchapter V)'' for
''(except part A of subchapter V)'' in text preceding par. (1).
1975 -- Pub. L. 94-163 inserted ''(except part A of subchapter V)''
in text preceding par. (1).
Amendment by Pub. L. 96-425 effective Oct. 10, 1980, see section 9
of Pub. L. 96-425, set out as a note under section 2001 of this title.
Pub. L. 99-579, 1, Oct. 28, 1986, 100 Stat. 3309, provided that:
''This Act (amending sections 1982, 1988, 1990b, and 1990c of this title
and enacting provisions set out as a note under section 1988 of this
title) may be cited as the 'Truth in Mileage Act of 1986'.''
Section 1(a) of Pub. L. 98-547 provided that: ''This Act (enacting
sections 2021 to 2034 of this title, sections 511, 512, 553, and 2320
(now 2321) of Title 18, Crimes and Criminal Procedure, and section 1627
of Title 19, Customs Duties, amending this section and sections 1961,
2311, and 2313 of Title 18, and enacting provisions set out as a note
under section 2021 of this title) may be cited as the 'Motor Vehicle
Theft Law Enforcement Act of 1984'.''
Section 1(a) of Pub. L. 96-425 provided that: ''This Act (amending
this section and sections 2001, 2002, 2003, 2005, 2007, 2008, and 2012
of this title and enacting provisions set out as notes under sections
2001 and 2002 of this title) may be cited as the 'Automobile Fuel
Efficiency Act of 1980'.''
Pub. L. 94-364, 1, July 14, 1976, 90 Stat. 981, provided that:
''This Act (enacting sections 1990a to 1990g of this title and amending
sections 1921, 1941, 1949, 1963, 1963a, 1964, 1982 to 1985, 1987, 1988,
and 1990 of this title) may be cited as the 'Motor Vehicle Information
and Cost Savings Act Amendments of 1976'.''
Section 1 of Pub. L. 92-513 provided: ''That this Act (enacting
this chapter and provisions set out as notes under section 1981 of this
title) may be cited as the 'Motor Vehicle Information and Cost Savings
Act'.''
15 USC SUBCHAPTER I -- BUMPER STANDARDS
TITLE 15 -- COMMERCE AND TRADE
15 USC 1911. Congressional findings and declaration of purpose
TITLE 15 -- COMMERCE AND TRADE
(a) Findings
The Congress finds that it is necessary to reduce the economic loss
resulting from damage to passenger motor vehicles involved in motor
vehicle accidents.
(b) Purpose
It is the purpose of this subchapter to reduce the extent of such
economic loss by providing for the promulgation and enforcement of
bumper standards.
(Pub. L. 92-513, title I, 101, Oct. 20, 1972, 86 Stat. 948.)
15 USC 1912. Promulgation of bumper standards
TITLE 15 -- COMMERCE AND TRADE
(a) Authority of Secretary; applicability to passenger motor
vehicles and equipment
Subject to subsections (b) through (e) of this section, the Secretary
by rule --
(1) shall promulgate bumper standards applicable to all passenger
motor vehicles manufactured in or imported into the United States, and
(2) may promulgate bumper standards applicable to any item of
passenger motor vehicle equipment so manufactured or imported,
except that such a rule shall not apply to any vehicle or item of
passenger motor vehicle equipment which is intended solely for export
(and is so labeled or tagged on the vehicle or equipment itself and on
the outside of the container, if any) and which is exported.
(b) Criteria; conflict of standards with motor vehicle safety
standards
(1) Any standard under subsection (a) of this section shall seek to
obtain the maximum feasible reduction of costs to the public and to the
consumer, taking into account:
(A) the cost of implementing the standard and the benefits attainable
as the result of implementation of the standards;
(B) the effect of implementation of the standard on the cost of
insurance and prospective legal fees and costs;
(C) savings in terms of consumer time and inconvenience; and
(D) considerations of health and safety, including emission
standards.
(2) Bumper standards under this subchapter shall not conflict with
motor vehicle safety standards promulgated under title I of the National
Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391 et seq.).
(c) Exemptions; attachment of detachable hitches
(1) In promulgating any bumper standard under this subchapter the
Secretary may for good cause shown --
(A) exempt partially or completely any multi-purpose passenger motor
vehicle; or
(B) exempt partially or completely any make, model, or class of
passenger motor vehicle manufactured for a special use, if such standard
would unreasonably interfere with the special use of such vehicle.
(2) To the maximum extent practicable, a bumper standard promulgated
by the Secretary shall not preclude the attachment of detachable
hitches.
(d) Effective date
The Secretary shall establish the effective date of any bumper
standard when finally promulgating the standard, and such standard shall
apply only to passenger motor vehicles or passenger motor vehicle
equipment manufactured on or after such effective date. Such effective
date shall not be --
(1) earlier than the date on which such standard is finally
promulgated, or
(2) later than eighteen months after final promulgation of the
standard unless the Secretary presents to Congress and publishes a
detailed explanation of the reasons for such later effective date.
In no event shall the Secretary establish an effective date which is
earlier than July 1, 1973.
(e) Rule making procedure; hearing
(1) All rules establishing, amending, or revoking a bumper standard
under this subchapter shall be issued pursuant to section 553 of title
5, except that the Secretary shall give interested persons an
opportunity for oral presentation of data, views, or arguments, and the
opportunity to make written submissions. A transcript shall be kept of
any oral presentation.
(2) The Secretary may also conduct a hearing in accordance with such
conditions or limitations as he may make applicable thereto, for the
purpose of resolving any issue of fact material to the establishing,
amending, or revoking of a bumper standard.
(Pub. L. 92-513, title I, 102, Oct. 20, 1972, 86 Stat. 949.)
The National Traffic and Motor Vehicle Safety Act of 1966, referred
to in subsec. (b)(2), is Pub. L. 89-563, Sept. 9, 1966, 80 Stat.
718, as amended. Title I of the Act is classified generally to
subchapter I ( 1391 et seq.) of chapter 38 of this title. For complete
classification of this Act to the Code, see Short Title note under
section 1381 of this title and Tables.
15 USC 1913. Judicial review of rules establishing bumper standards
TITLE 15 -- COMMERCE AND TRADE
(a) Filing of petition; time for filing; jurisdiction; venue;
transmittal of copy of petition to Secretary; filing of record of
proceedings by Secretary
Any person who may be adversely affected by any rule issued under
section 1912 of this title may at any time prior to sixty days after
such rule is issued file a petition with the United States Court of
Appeals for the District of Columbia, or any circuit wherein such person
resides or has his principal place of business, for judicial review of
such rule. A copy of the petition shall be forthwith transmitted by the
clerk of the court to the Secretary or his delegate. The Secretary
thereupon shall file in the court the record of the proceedings on which
the Secretary based his rule, as provided in section 2112 of title 28.
(b) Additional evidence before Secretary; procedure; findings and
recommendations of Secretary
If the petitioner applies to the court for leave to adduce additional
evidence, and shows to the satisfaction of the court that such
additional evidence is material and that there were reasonable grounds
for the failure to adduce such evidence in the proceeding before the
Secretary, the court may order such additional evidence (and evidence in
rebuttal thereof) to be taken before the Secretary, and to be adduced in
a hearing, in such manner and upon such terms and conditions as the
court may deem proper. The Secretary may modify his findings as to the
facts, or make new findings, by reason of the additional evidence so
taken, and he shall file such modified or new findings, and his
recommendation, if any, for the modification or setting aside of his
rule, with the return of such additional evidence.
(c) Applicability of sections 701 to 706 of title 5
Upon the filing of the petition referred to in subsection (a) of this
section, the court shall have jurisdiction to review the rule in
accordance with chapter 7 of title 5, and to grant appropriate relief as
provided in such chapter.
(d) Review by Supreme Court
The judgment of the court affirming or setting aside, in whole or in
part, any such rule of the Secretary shall be final, subject to review
by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28.
(e) Availability of other remedies
The remedies provided for in this section shall be in addition to and
not in lieu of any other remedies provided by law.
(Pub. L. 92-513, title I, 103, Oct. 20, 1972, 86 Stat. 950.)
15 USC 1914. Powers of Secretary
TITLE 15 -- COMMERCE AND TRADE
(a) Conduct of hearings; subpena of witnesses and production of
books, records, etc.; examination of relevant documentary evidence;
orders requiring persons to file reports and answer specific questions;
enforcement of subpenas and orders by district courts; contempt
proceedings; payment of fees and mileage to witnesses
(1) For the purpose of carrying out the provisions of this
subchapter, the Secretary, or on the authorization of the Secretary, any
officer or employee of the Department of Transportation may hold such
hearings, take such testimony, sit and act at such times and places,
administer such oaths, and require, by subpena or otherwise, the
attendance and testimony of such witnesses and the production of such
books, papers, correspondence, memorandums, contracts, agreements, or
other records as the Secretary, or such officer or employee, deems
advisable.
(2) In order to carry out the provisions of this subchapter, the
Secretary or his duly authorized agent shall at all reasonable times
have access to, and for the purposes of examination the right to copy,
any documentary evidence of any person having materials or information
relevant to any function of the Secretary under this subchapter.
(3) The Secretary is authorized to require, by general or special
orders, any person to file, in such form as the Secretary may prescribe,
reports or answers in writing to specific questions relating to any
function of the Secretary under this subchapter. Such reports and
answers shall be made under oath or otherwise, and shall be filed with
the Secretary within such reasonable period as the Secretary may
prescribe.
(4) Any of the district courts of the United States within the
jurisdiction of which an inquiry is carried on may, in the case of
contumacy or refusal to obey a subpena or order of the Secretary or such
officer or employee issued under paragraph (1) or paragraph (3) of this
subsection, issue an order requiring compliance therewith; and any
failure to obey such order of the court may be punished by such court as
a contempt thereof.
(5) Witnesses summoned pursuant to this subsection shall be paid the
same fees and mileage that are paid witnesses in the courts of the
United States.
(b) Disclosure of confidential information
All information reported to or otherwise obtained by the Secretary or
his representative under this subchapter which information contains or
relates to a trade secret or other matter referred to in section 1905 of
title 18, shall be considered confidential for the purpose of that
section, except that such information may be disclosed to other officers
or employees concerned with carrying out this subchapter or when
relevant in any proceeding under this subchapter. Nothing in this
section shall authorize the withholding of information by the Secretary
or any officer or employee under his control from the duly authorized
committees of the Congress.
(c) Requests for information from other Federal departments,
agencies, and instrumentalities; compliance; detail of personnel by
head of other Federal departments, agencies, and instrumentalities
(1) The Secretary is authorized to request from any department,
agency, or instrumentality of the Government any information he deems
necessary to carry out his functions under this subchapter; and each
such department, agency, or instrumentality is authorized and directed
to cooperate with the Secretary and to furnish such information to the
Department of Transportation upon request made by the Secretary.
(2) The head of any Federal department, agency, or instrumentality is
authorized to detail, on a reimbursable basis, any personnel of such
department, agency, or instrumentality to assist in carrying out the
duties of the Secretary under this subchapter.
(d) Conduct of research
The Secretary shall conduct such research as is necessary for him to
carry out his functions under this subchapter.
(Pub. L. 92-513, title I, 104, Oct. 20, 1972, 86 Stat. 950.)
15 USC 1915. Determination of compliance by manufacturer with bumper
standards
TITLE 15 -- COMMERCE AND TRADE
(a) Records, reports, and information from manufacturer; inspection
and examination of vehicles and relevant documents; availability of
vehicles and equipment for testing; negotiated price for test vehicles
and equipment
Every manufacturer of passenger motor vehicles or of passenger motor
vehicle equipment shall establish and maintain such records, make such
reports, and provide such items and information (including the supplying
of vehicles or equipment for testing) as the Secretary may reasonably
require to enable him to determine whether such manufacturer has acted
or is acting in compliance with this subchapter and bumper standards
prescribed pursuant to this subchapter and shall, upon request of an
officer or employee duly designated by the Secretary, permit such
officer or employee to inspect vehicles and appropriate books, papers,
records, and documents relevant to determining whether such manufacturer
has acted or is acting in compliance with this subchapter and bumper
standards prescribed pursuant to this subchapter. Such manufacturer
shall make available all such items and information in accordance with
such reasonable rules as the Secretary may prescribe. Vehicles and
equipment for testing shall be made available under this subsection at a
negotiated price that does not exceed the manufacturer's cost.
(b) Entry into factory, warehouse, or establishment for reasonable
inspection by duly designated officers, etc., of Secretary upon
presentment to owner, operator, or agent in charge of credentials and
written notice
For purposes of enforcement of this subchapter, officers or employees
duly designated by the Secretary, upon presenting appropriate
credentials and a written notice to the owner, operator, or agent in
charge, are authorized (1) to enter any factory, warehouse, or
establishment in which passenger motor vehicles or passenger motor
vehicle equipment is manufactured, or held for introduction into
interstate commerce or are held for sale after such introduction; and
(2) to inspect such factory, warehouse, or establishment. Each such
inspection shall be conducted at reasonable times and in a reasonable
manner and shall be commenced and completed with reasonable promptness.
(c) Certification by manufacturer or distributor to distributor or
dealer at time of delivery of vehicle or item of equipment of
conformance to applicable Federal bumper standards; form of
certification; nonapplicability to exports
(1) Every manufacturer or distributor of a passenger motor vehicle
subject to a Federal bumper standard under this subchapter, or an item
of passenger motor vehicle equipment subject to such a standard, shall
furnish to the distributor or dealer at the time of delivery of such
vehicle or item of equipment by such manufacturer or distributor a
certification that each such vehicle or item of equipment conforms to
applicable Federal bumper standards. The Secretary is authorized to
issue rules prescribing the manner and form of such certification.
(2) Paragraph (1) of this subsection shall not apply to any passenger
motor vehicle or item of passenger motor vehicle equipment which is
intended solely for export (and is so labeled or tagged on the vehicle
or equipment itself and on the outside of the container, if any) and
which is exported.
(Pub. L. 92-513, title I, 105, Oct. 20, 1972, 86 Stat. 952.)
15 USC 1916. Prohibited acts
TITLE 15 -- COMMERCE AND TRADE
(a) Failure to comply with bumper standard, rule, recordkeeping,
inspection, or certification requirements
No person shall --
(1) manufacture for sale, sell, offer for sale, or introduce or
deliver for introduction in interstate commerce, or import into the
United States, any passenger motor vehicle or passenger motor vehicle
equipment manufactured on or after the date any applicable Federal
bumper standard takes effect under this subchapter unless it is in
conformity with such standard;
(2) fail to comply with any rule prescribed by the Secretary under
this subchapter;
(3) fail to keep specified records or refuse access to or copying of
records, or fail to make reports or provide items or information, or
fail or refuse to permit entry or inspection, as required under this
subchapter or any rule issued thereunder; or
(4)(A) fail to furnish a certificate required by section 1915(c) of
this title, or (B) issue a certificate required by such subsection to
the effect that a passenger motor vehicle or passenger motor vehicle
equipment conforms to all applicable bumper standards, if such person
knows, or in the exercise of due care has reason to know, that such
certificate is false or misleading in a material respect.
(b) Exemptions from compliance with bumper standards; compliance of
imported passenger motor vehicles or equipment with bumper standard;
importation of passenger motor vehicle or equipment after first purchase
in good faith for purpose other than resale
(1) Paragraph (1) of subsection (a) of this section shall not apply
to the sale, the offer for sale, or the introduction or delivery for
introduction in interstate commerce of any passenger motor vehicle or
any passenger motor vehicle equipment after the first purchase of it in
good faith for purposes other than resale. Nothing contained in this
paragraph shall be construed as prohibiting the Secretary from
promulgating any standard which requires vehicles or equipment to be
manufactured so as to perform in accordance with the standard over a
specified period of operation or use.
(2) Paragraph (1) of subsection (a) of this section shall not apply
to any person who establishes that he did not have reason to know in the
exercise of due care that the vehicle or item of equipment is not in
conformity with applicable bumper standards or to any person who, prior
to such first purchase, holds a certificate issued under section 1915(c)
of this title to the effect that the vehicle or item of equipment
conforms to all applicable Federal bumper standards, unless such person
knows that such vehicle or such equipment does not so conform.
(3) A passenger motor vehicle or passenger motor vehicle equipment
offered for importation in violation of paragraph (1) of subsection (a)
of this section shall be refused admission into the United States under
joint regulations issued by the Secretary of the Treasury and the
Secretary; except that the Secretary of the Treasury and the Secretary
may, by such regulations, provide for authorizing the importation of
such vehicle or equipment into the United States upon such terms and
conditions (including the furnishing of a bond) as may appear to them
appropriate to insure that any such vehicle or such equipment will be
brought into conformity with any applicable Federal bumper standard
prescribed under this subchapter, or will be exported or abandoned to
the United States.
(4) The Secretary of the Treasury and the Secretary may, by joint
regulations, permit the importation of any passenger motor vehicle or
passenger motor vehicle equipment after the first purchase of it in good
faith for purposes other than resale.
(c) Liability under statutory or common law not affected by
compliance with bumper standard
Compliance with any Federal bumper standard issued under this
subchapter does not exempt any person from any liability under statutory
or common law.
(Pub. L. 92-513, title I, 106, Oct. 20, 1972, 86 Stat. 952.)
15 USC 1917. Enforcement provisions
TITLE 15 -- COMMERCE AND TRADE
(a) Civil penalties; assessment and collection in civil action;
separate nature of violations; maximum amount of penalties
Whoever violates subsection (a) of section 1916 of this title may be
assessed a civil penalty of not to exceed $1,000 for each violation.
Such penalty shall be assessed by the Secretary and collected in a civil
action brought by the Attorney General or by the Secretary (with the
concurrence of the Attorney General) by any of the Secretary's attorneys
designated by the Secretary for such purpose. With respect to violations
of paragraph (1) or (4) of subsection (a) of section 1916 of this title,
a separate violation is committed with respect to each passenger motor
vehicle or each item of passenger motor vehicle equipment which fails to
conform to an applicable bumper standard or for which a certificate is
not furnished or for which a misleading or false certificate is issued;
except that the maximum civil penalty shall not exceed $800,000 for any
related series of violations.
(b) Violations by persons or corporations subsequent to receipt of
notice of noncompliance; liability; amount of penalties
(1) Any person who knowingly and willfully violates section 1916(a)(
1) of this title after having received notice of noncompliance from the
Secretary shall be fined not more than $50,000 or be imprisoned not more
than one year, or both.
(2) If a corporation violates section 1916(a)(1) of this title after
having received notice of noncompliance from the Secretary, any
individual director, officer, or agent of such corporation who knowingly
and willfully authorized, ordered, or performed any of the acts or
practices constituting in whole or in part such violation and who had
knowledge of such notice from the Secretary shall be subject to
penalties under this section in addition to the corporation.
(c) Injunctive relief to restrain violations of bumper standards;
petition; jurisdiction; notice by Secretary to person against whom
action is contemplated to present views and achieve compliance;
criminal contempt proceedings; venue; subpenas for witnesses
(1) Upon petition by the Secretary or by the Attorney General on
behalf of the United States, the United States district courts shall
have jurisdiction, for cause shown and subject to the provisions of rule
65(a) and (b) of the Federal Rules of Civil Procedure, to restrain
violations of this subchapter, or to restrain the sale, offer for sale,
or the introduction or delivery for introduction in interstate commerce,
or the importation into the United States, of any passenger motor
vehicle or passenger motor vehicle equipment which is determined, prior
to the first purchase of such vehicle or such equipment in good faith
for purposes other than resale, not to conform to applicable bumper
standards prescribed pursuant to this subchapter. Whenever practicable,
the Secretary shall give notice to any person against whom an action for
injunctive relief is contemplated and afford him an opportunity to
present his views, and, except in the case of a knowing and willful
violation, shall afford him reasonable opportunity to achieve
compliance. The failure to give such notice and afford such opportunity
shall not preclude the granting of appropriate relief.
(2) In any proceeding for criminal contempt for violation of an
injunction or restraining order issued under this subsection, which
violation also constitutes a violation of this subchapter, trial shall
be by the court, or, upon demand of the accused, by a jury. Such trial
shall be conducted in accordance with the practice and procedure
applicable in the case of proceedings subject to the provisions of rule
42(b) of the Federal Rules of Criminal Procedure.
(3) Actions under paragraph (1) of this subsection and under
subsection (a) of this section may be brought in the district wherein
any act or transaction constituting the violation occurred, or in the
district wherein the defendant is found or is an inhabitant or transacts
business, and process in such cases may be served in any other district
of which the defendant is an inhabitant or wherever the defendant may be
found.
(4) In any actions brought under paragraph (1) of this subsection and
under subsection (a) of this section, subpenas for witnesses who are
required to attend a United States district court may run into any other
district.
(Pub. L. 92-513, title I, 107, Oct. 20, 1972, 86 Stat. 953.)
15 USC 1918. Civil action against manufacturer for failure to comply
with bumper standards; persons entitled to bring suit; jurisdiction;
venue; items of recovery; period of limitation
TITLE 15 -- COMMERCE AND TRADE
(a) Any owner of a passenger motor vehicle who sustains damages as a
result of a motor vehicle accident because such vehicle did not comply
with any applicable Federal bumper standard under this subchapter may
bring a civil action against the manufacturer of that vehicle in the
United States District Court for the District of Columbia, or in the
United States district court for the judicial district in which that
owner resides, to recover the amount of those damages, and in the case
of any such successful action to recover that amount, costs and
reasonable attorneys' fees shall be awarded to that owner.
(b) Any such action shall be brought within three years of the date
of the motor vehicle accident.
(Pub. L. 92-513, title I, 108, Oct. 20, 1972, 86 Stat. 955.)
15 USC 1919. Public access to information
TITLE 15 -- COMMERCE AND TRADE
Subject to section 1914(b) of this title, copies of any
communications, documents, reports, or other information sent or
received by the Secretary in connection with his duties under this
subchapter shall be made available to any member of the public, upon
request, at cost.
(Pub. L. 92-513, title I, 109, Oct. 20, 1972, 86 Stat. 955.)
15 USC 1920. State and local bumper standards
TITLE 15 -- COMMERCE AND TRADE
(a) Establishment
Except as provided in subsection (b) of this section, no State or
political subdivision thereof shall have any authority to establish or
enforce with respect to any passenger motor vehicle or passenger motor
vehicle equipment offered for sale any bumper standard which is not
identical to a Federal bumper standard.
(b) Enforcement; bumper standards for Federal, State, or locally
owned vehicles
(1) Until a Federal bumper standard takes effect with respect to an
aspect of performance of a passenger motor vehicle or of an item of
passenger motor vehicle equipment, neither this chapter nor the National
Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.)
shall affect the authority of a State to continue to enforce any bumper
standard which is applicable to the same aspect of performance of such
vehicle or item of equipment, which is not in conflict with any Federal
standard promulgated under title I of the National Traffic and Motor
Vehicle Safety Act of 1966 (15 U.S.C. 1391 et seq.), and which was in
effect or had been promulgated on October 20, 1972.
(2) The Federal Government or the government of any State or
political subdivision thereof may establish a bumper standard applicable
to vehicles or equipment procured for its own use which is not identical
to the Federal standard under section 1912 of this title if such
requirement imposes an additional or higher standard of performance.
(Pub. L. 92-513, title I, 110, Oct. 20, 1972, 86 Stat. 955.)
The National Traffic and Motor Vehicle Safety Act of 1966, referred
to in subsec. (b)(1), is Pub. L. 89-563, Sept. 9, 1966, 80 Stat.
718, as amended, which is classified generally to chapter 38 ( 1381 et
seq.) of this title. Title I of the National Traffic and Motor Vehicle
Safety Act of 1966, also referred to in subsec. (b)(1), is classified
generally to subchapter I ( 1391 et seq.) of chapter 38 of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1381 of this title and Tables.
15 USC 1921. Authorization of appropriations
TITLE 15 -- COMMERCE AND TRADE
There are authorized to be appropriated to carry out this subchapter
$320,000 for fiscal year 1983, $343,000 for fiscal year 1984, and
$365,000 for fiscal year 1985.
(Pub. L. 92-513, title I, 111, Oct. 20, 1972, 86 Stat. 955; Pub. L.
94-364, title I, 101, July 14, 1976, 90 Stat. 981; Pub. L. 97-331, 2(
b), Oct. 15, 1982, 96 Stat. 1619.)
1982 -- Pub. L. 97-331 substituted ''subchapter $320,000 for fiscal
year 1983, $343,000 for fiscal year 1984, and $365,000 for fiscal year
1985'' for ''subchapter $125,000 for the fiscal year ending June 30,
1976; $75,000 for the period beginning July 1, 1976, and ending
September 30, 1976; $130,000 for the fiscal year ending September 30,
1977; and $395,000 for the fiscal year ending September 30, 1978''.
1976 -- Pub. L. 94-364 substituted provisions authorizing
appropriations of $125,000 for the fiscal year ending June 30, 1976,
$75,000 for the period beginning July 1, 1976, and ending Sept. 30,
1976, $130,000 for the fiscal year ending Sept. 30, 1977, and $395,000
for the fiscal year ending Sept. 30, 1978, for provisions authorizing
appropriations of $5,000,000 for the fiscal year ending June 30, 1973,
$9,000,000 for the fiscal year ending June 30, 1974, and $10,000,000 for
the fiscal year ending June 30, 1975.
15 USC 1922. Annual report
TITLE 15 -- COMMERCE AND TRADE
The Secretary shall report to the Congress and to the President not
later than March 31 of each year on the progress in carrying out the
purposes of this subchapter. Each such report shall contain a statement
of the cost savings that have resulted from the administration of this
subchapter, and include such recommendations for further legislative or
other action as the Secretary determines may be appropriate.
(Pub. L. 92-513, title I, 112, Oct. 20, 1972, 86 Stat. 955.)
15 USC SUBCHAPTER II -- AUTOMOBILE CONSUMER INFORMATION STUDY
TITLE 15 -- COMMERCE AND TRADE
15 USC 1941. Consumer information study by Secretary
TITLE 15 -- COMMERCE AND TRADE
(a) Scope of study
During the first year after October 20, 1972, the Secretary shall
conduct a comprehensive study and investigation of the methods for
determining the following characteristics of passenger motor vehicles:
(1) The damage susceptibility of such vehicles.
(2) The degree of crashworthiness of such vehicles.
(3) The characteristics of such vehicles with respect to the ease of
diagnosis and repair of mechanical and electrical systems which fail
during use or which are damaged in motor vehicle accidents.
(b) Recommendations
After reviewing the methods for determining the characteristics
enumerated in subsection (a) of this section, the Secretary shall make
specific recommendations for the further development of existing methods
or for the development of new methods.
(c) Dissemination of information to consumers
After the study has been completed the Secretary is authorized and
directed to devise specific ways in which existing information and
information to be developed relating to (1) the characteristics of
passenger motor vehicles enumerated in subsection (a) of this section,
or (2) vehicle operating costs dependent upon those characteristics
(including information obtained pursuant to section 1945 of this title),
can be communicated to consumers so as to be of benefit in their
passenger motor vehicle purchasing decisions.
(d) Compilation and distribution of information
The Secretary shall compile the information described in subsection
(c) of this section and furnish it to the public in a simple and readily
understandable form in order to facilitate comparison among the various
makes and models of passenger motor vehicles with respect to the
characteristics enumerated in subsection (a) of this section. The
Secretary may by rule require automobile dealers to distribute to
prospective purchasers any information compiled pursuant to this
subsection.
(e) Insurance premium rate comparisons; establishment of procedures
requiring automobile dealers to distribute information to prospective
purchasers
The Secretary, not later than February 1, 1975, shall by rule
establish procedures requiring automobile dealers to distribute to
prospective purchasers information developed by the Secretary and
provided to the dealer which compares differences in insurance costs for
different makes and models of passenger motor vehicles based upon
differences in damage susceptibility and crashworthiness.
(Pub. L. 92-513, title II, 201, Oct. 20, 1972, 86 Stat. 956; Pub.
L. 94-364, title II, 201, July 14, 1976, 90 Stat. 981.)
1976 -- Subsec. (d). Pub. L. 94-364 inserted provision authorizing
the Secretary to require dealers to distribute to prospective purchasers
compiled information.
15 USC 1942. Appointment, compensation, etc., by Secretary of
personnel, experts, consultants, and advisory committees to assist in
study
TITLE 15 -- COMMERCE AND TRADE
In order to carry out his functions under this subchapter the
Secretary is authorized to --
(1) appoint and fix the compensation of such employees as he deems
necessary without regard to the provisions of title 5 governing
appointment in the competitive service and without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates;
(2) obtain the services of experts and consultants in accordance with
the provisions of section 3109 of title 5, but at rates for individuals
not to exceed $100 per diem;
(3) contract with any person for the conduct of research and surveys
and the preparation of reports; and
(4) appoint, without regard to the provisions of title 5 governing
appointments in the competitive services, such advisory committees,
representative of the divergent interests involved, as he deems
appropriate for the purposes of consultation with and advice to the
Secretary.
Members of advisory committees appointed under paragraph (4) of this
section, other than those regularly employed by the Federal Government,
while attending meetings of such committees or otherwise serving at the
request of the Secretary, may be compensated at rates to be fixed by the
Secretary but not exceeding $100 per day, and while away from home or
regular place of business they may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by section 5703 of title
5 for persons in the Government service employed intermittently.
Members of such advisory committees shall, for the purposes of chapter
11 of title 18, be deemed to be special Government employees.
(Pub. L. 92-513, title II, 202, Oct. 20, 1972, 86 Stat. 956.)
The provisions of title 5 governing appointments in the competitive
service, referred to in text, are classified to section 3301 et seq. of
Title 5, Government Organization and Employees.
The General Schedule, referred to in text, is set out under section
5332 of Title 5.
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
15 USC 1943. Requests by Secretary for information from other Federal
departments, etc.
TITLE 15 -- COMMERCE AND TRADE
(a) Compliance
The Secretary may request from any department, agency, or independent
instrumentality of the Government any information he deems necessary to
carry out his functions under this subchapter; and each such
department, agency, or independent instrumentality is authorized and
directed to cooperate with the Secretary and furnish such information to
the Department of Transportation upon request made by the Secretary.
(b) Detail of personnel by head of other Federal departments, etc.;
reimbursement
The head of any Federal department, agency, or independent
instrumentality may detail, on a reimbursable basis, any personnel of
such department, agency, or independent instrumentality to assist in
carrying out the duties of the Secretary under this subchapter.
(Pub. L. 92-513, title II, 203, Oct. 20, 1972, 86 Stat. 957.)
15 USC 1944. Powers of Secretary
TITLE 15 -- COMMERCE AND TRADE
(a) Conduct of hearings; subpena of witnesses and production of
books, records, etc.
For the purpose of carrying out the provisions of this subchapter,
the Secretary, or on the authorization of the Secretary, any officer or
employee of the Department of Transportation may hold such hearings,
take such testimony, sit and act at such times and places, administer
such oaths, and require, by subpena or otherwise, the attendance and
testimony of such witnesses and the production of such books, papers,
correspondence, memorandums, contracts, agreements, or other records as
the Secretary, or such officer or employee, deems advisable.
(b) Examination of relevant documentary evidence
In order to carry out the provisions of this subchapter, the
Secretary or his duly authorized agent shall at all reasonable times
have access to, and for the purposes of examination the right to copy,
any documentary evidence of any person having materials or information
relevant to the study authorized by this subchapter.
(c) Orders requiring persons to file reports and answer specific
questions
The Secretary may require, by general or special orders, any person
to file, in such form as the Secretary may prescribe, reports or answers
in writing to specific questions relating to any function of the
Secretary under this subchapter. Such reports and answers shall be made
under oath or otherwise, and shall be filed with the Secretary within
such reasonable period as the Secretary may prescribe.
(d) Enforcement of subpenas and orders by district courts; contempt
proceedings
Any United States district court within the jurisdiction of which an
inquiry is carried on may, in the case of contumacy or refusal to obey a
subpena or order of the Secretary or such officer or employee issued
under subsection (a) or subsection (c) of this section, issue an order
requiring compliance therewith; and any failure to obey such order of
the court may be punished by such court as a contempt thereof.
(e) Payment of fees and mileage to witnesses
Witnesses summoned pursuant to this section shall be paid the same
fees and mileage that are paid witnesses in the courts of the United
States.
(f) Disclosure of confidential information
Any information which is reported to or otherwise obtained by the
Secretary or such officer or employee under this section and which
contains or relates to a trade secret or other matter referred to in
section 1905 of title 18 shall not be disclosed except to other officers
or employees of the Federal Government for their use in carrying out
this subchapter. Nothing in the preceding sentence shall authorize the
withholding of information by the Secretary (or any officer or employee
under his control) from the duly authorized committees of the Congress.
(Pub. L. 92-513, title II, 204, Oct. 20, 1972, 86 Stat. 957.)
15 USC 1945. Insurance reports and information
TITLE 15 -- COMMERCE AND TRADE
(a) Duty of insurers of passenger motor vehicles
Insurers of passenger motor vehicles, or their designated agents,
shall, upon request by the Secretary, make such reports and furnish such
information as the Secretary may reasonably require to enable him to
carry out the purposes of this subchapter.
(b) Scope of reports and information
Such reports and information may include, but shall not be limited to
--
(1) accident claim data relating to the type and extent of physical
damage and the cost of remedying the damage according to make, model,
and model year of passenger motor vehicle, and
(2) accident claim data relating to the type and extent of personal
injury according to make, model, and model year of passenger motor
vehicle.
(c) Considerations governing request by Secretary for reports and
information
In determining the reports and information to be furnished pursuant
to subsections (a) and (b) of this section, the Secretary shall --
(1) consider the cost of preparing and furnishing such reports and
information;
(2) consider the extent to which such reports and information will
contribute to carrying out the purposes of this subchapter; and
(3) consult with such State and insurance regulatory agencies and
other agencies and associations, both public and private, as he deems
appropriate.
(d) Voluntary nature of compliance by insurer with request of
Secretary
The Secretary shall, to the extent possible, obtain such reports and
information from the insurers of passenger motor vehicles on a voluntary
basis.
(e) Damage susceptibility, crashworthiness, and damage repair and
personal injury cost information
Every insurer of passenger motor vehicles shall, upon request by the
Secretary, furnish him a description of the extent to which the
insurance rates or premiums charged by the insurer for passenger motor
vehicles are affected by the damage susceptibility, crashworthiness, and
cost of damage repair and personal injury involved relating to each of
the various makes and models of passenger motor vehicles. Such insurer
shall also furnish the Secretary upon request such information as may be
available to such insurer reflecting the effect of the damage
susceptibility, crashworthiness, and cost of damage repair and personal
injury involved relating to each of the various makes and models of
passenger motor vehicles upon risk incurred by insuring each such make
and model.
(f) Dissemination of information by Secretary
The Secretary shall not, in disseminating any information received
pursuant to this section, disclose the name of, or other identifying
information about, any person who may be an insured, a claimant, a
passenger, an owner, a driver, an injured person, a witness, or
otherwise involved in any motor vehicle crash or collision unless the
Secretary has the consent of the persons so named or otherwise
identified.
(g) Time and manner of furnishing information
The information required by this section shall be furnished at such
times and in such manner as the Secretary shall prescribe by regulation
or otherwise.
(Pub. L. 92-513, title II, 205, Oct. 20, 1972, 86 Stat. 958.)
15 USC 1946. Prohibited acts
TITLE 15 -- COMMERCE AND TRADE
No person shall fail or refuse (1) to furnish the Secretary with the
data or information requested by him under this subchapter, or (2) to
comply with rules prescribed by the Secretary under this subchapter.
(Pub. L. 92-513, title II, 206, Oct. 20, 1972, 86 Stat. 959.)
15 USC 1947. Injunctive relief to restrain violations of information
requirements; petition; jurisdiction; notice by Secretary to person
against whom action is contemplated for opportunity to present views and
achieve compliance; venue; subpenas for witnesses
TITLE 15 -- COMMERCE AND TRADE
Upon petition by the Attorney General on behalf of the United States,
the United States district courts shall have jurisdiction, for cause
shown and subject to the provisions of rule 65(a) and (b) of the Federal
Rules of Civil Procedure, to restrain violations of section 1946 of this
title. Whenever practicable, the Secretary shall give notice to any
person against whom an action for injunctive relief is contemplated and
afford him an opportunity to present his views and shall afford him
reasonable opportunity to achieve compliance. The failure to give such
notice and afford such opportunity shall not preclude the granting of
appropriate relief. Paragraphs (3) and (4) of section 1917(c) of this
title shall apply to any action under this section in the same manner as
they apply to actions under section 1917 of this title.
(Pub. L. 92-513, title II, 207, Oct. 20, 1972, 86 Stat. 959.)
Paragraphs (3) and (4) of section 1917(c) of this title, referred to
in text, was in the original ''paragraphs (3) and (4) of section 107(b)
of this title''. Section 107(b), which is classified to section 1917(
b) of this title, was enacted without any pars. (3) and (4).
Therefore, section 107(b) has been translated editorially as section
1917(c) as the probable intent of Congress.
15 USC 1948. Civil penalties for violations of information requirements
TITLE 15 -- COMMERCE AND TRADE
(a) Separate nature of violations; maximum amount of penalties
Whoever violates section 1946 of this title shall be subject to a
civil penalty of not to exceed $1,000 for each violation. A violation
of section 1946 of this title shall constitute a separate violation with
respect to each failure or refusal to comply with a requirement
thereunder; except that the maximum civil penalty under this subsection
shall not exceed $400,000 for any related series of violations.
(b) Compromise of penalty by Secretary; determination of amount of
penalty or amount of compromised penalty; deduction of amount of
penalty
Any civil penalty under this section may be compromised by the
Secretary. In determining the amount of such penalty, or the amount
agreed upon in compromise, the appropriateness of such penalty to the
size of the business of the person charged and the gravity of the
violation shall be considered. The amount of such penalty, when finally
determined, or the amount agreed upon in compromise, may be deducted
from any sums owing by the United States to the person charged.
(c) Venue; subpenas for witnesses
Paragraphs (3) and (4) of section 1917(c) of this title shall apply
to any action under this section in the same manner as they apply to
actions under section 1917 of this title.
(Pub. L. 92-513, title II, 208, Oct. 20, 1972, 86 Stat. 959.)
Paragraphs (3) and (4) of section 1917(c) of this title, referred to
in subsec. (c), was in the original ''paragraphs (3) and (4) of section
107(b) of this title''. Section 107(b), which is classified to section
1917(b) of this title, was enacted without any pars. (3) and (4).
Therefore, section 107(b) has been translated editorially as section
1917(c) as the probable intent of Congress.
15 USC 1949. Authorization of appropriations
TITLE 15 -- COMMERCE AND TRADE
There are authorized to be appropriated to carry out this subchapter
$1,677,000 for fiscal year 1983, $1,800,000 for fiscal year 1984, and
$1,950,000 for fiscal year 1985.
(Pub. L. 92-513, title II, 209, Oct. 20, 1972, 86 Stat. 959; Pub.
L. 94-364, title II, 202, July 14, 1976, 90 Stat. 981; Pub. L. 97-331,
2(c), Oct. 15, 1982, 96 Stat. 1619.)
1982 -- Pub. L. 97-331 substituted ''subchapter $1,677,000 for
fiscal year 1983, $1,800,000 for fiscal year 1984, and $1,950,000 for
fiscal year 1985'' for ''subchapter $1,875,000 for the fiscal year
ending June 30, 1976; $500,000 for the period beginning July 1, 1976,
and ending September 30, 1976; $3,385,000 for the fiscal year ending
September 30, 1977; and $3,375,000 for the fiscal year ending September
30, 1978''.
1976 -- Pub. L. 94-364 substituted provisions authorizing
appropriations of $1,875,000 for the fiscal year ending June 30, 1976,
$500,000 for the period beginning July 1, 1976, and ending Sept. 30,
1976, $3,385,000 for the fiscal year ending Sept. 30, 1977, and
$3,375,000 for the fiscal year ending Sept. 30, 1978, for provisions
authorizing appropriations of $3,000,000 per fiscal year for the fiscal
year ending June 30, 1973, and for each of the two succeeding fiscal
years.
15 USC SUBCHAPTER III -- DIAGNOSTIC INSPECTION DEMONSTRATION PROJECTS
TITLE 15 -- COMMERCE AND TRADE
15 USC Part A -- State Programs
TITLE 15 -- COMMERCE AND TRADE
1974 -- Pub. L. 93-492, title III, 301(a)(1), Oct. 27, 1974, 88
Stat. 1485, added heading ''Part A -- State Programs''.
15 USC 1961. Powers of Secretary
TITLE 15 -- COMMERCE AND TRADE
(a) Establishment of demonstration projects; commencement of
inspections
The Secretary shall establish motor vehicle diagnostic inspection
demonstration projects, inspections under which shall commence not later
than January 1, 1974.
(b) Grants and technical assistance to States; consultations with
Administrator of Environmental Protection Agency
To carry out the program under this part, the Secretary shall --
(1) make grants in accordance with subsection (c) of this section and
furnish technical assistance to States; and
(2) consult with the Administrator of the Environmental Protection
Agency.
(c) Conduct or supervision by States of demonstration projects;
nonprofit performance of diagnostic inspection services; limitations on
demonstration projects
(1) Any demonstration project under this part shall be conducted by,
or under supervision of, a State in accordance with the application of
the State submitted under section 1963 of this title, and may provide
for the performance of diagnostic inspection services either by public
agencies or by private organizations, but no person may perform
diagnostic inspection services for profit under any such program.
(2) Not less than five nor more than ten demonstration projects may
be assisted by the Secretary under this part. No more than 50 per
centum of the projects so assisted may permit diagnostic inspection
services to be performed under the project by any person who also
provides automobile repair services or who is affiliated with, controls,
is controlled by, or is under common control with, any person who
provides automobile repair services.
(Pub. L. 92-513, title III, 301, Oct. 20, 1972, 86 Stat. 959; Pub.
L. 93-492, title III, 301(a)(2), Oct. 27, 1974, 88 Stat. 1485.)
1974 -- Subsecs. (b), (c). Pub. L. 93-492 substituted ''this part''
for ''this subchapter'' wherever appearing.
15 USC 1962. Eligibility of States for grants or other assistance
TITLE 15 -- COMMERCE AND TRADE
(a) Application
A State may be eligible for grants or other assistance under this
part if the Secretary determines on the basis of an application by such
State that such State will undertake a motor vehicle diagnostic
inspection demonstration project which meets the requirements of
subsection (b) of this section.
(b) Requirements for demonstration projects
(1) A motor vehicle diagnostic inspection demonstration project shall
be designed, established, and operated to conduct periodic safety
inspections of motor vehicles pursuant to criteria established by the
Secretary by regulation and emission inspections pursuant to criteria
established by the Secretary by regulation in consultation with the
Administrator of the Environmental Protection Agency.
(2) Such project shall require an additional inspection of any motor
vehicle subject to the demonstration project (as determined by the
Secretary) --
(A) whenever the title to such motor vehicle is transferred to
another person unless the transfer is for the purpose of resale; and
(B) whenever such motor vehicle sustains substantial damage to any
safety-related or emission-related system or subsystem, as prescribed by
the Secretary.
(3) To the greatest extent practicable, such inspections shall be
conducted so as to provide specific technical diagnoses of each motor
vehicle inspected in order to facilitate correction of any component
failing inspection.
(4) A demonstration project shall provide for reinspection of
vehicles which initially fail to meet the safety and emission standards
established for the project after repair.
(5) Each project shall provide to the Secretary information and data
relating to the development of diagnostic testing equipment designed to
maximize the interchangeability and interface capability of test
equipment and vehicles, and information, and data relating to the costs
and benefits of such projects, including information and data relating
to vehicle-in-use standards, vehicle designs which facilitate or hinder
inspection and repair, the standardization of diagnostic systems and
test equipment, the capability of the motor vehicle repair industry to
correct diagnosed deficiencies or malfunctions and the costs of such
repairs, the relative costs and benefits of the project, the efficiency
of facility designs employed, recommendations as to feasible reject
levels which may be employed, in any such project and such other
information and data as the Secretary may require.
(Pub. L. 92-513, title III, 302, Oct. 20, 1972, 86 Stat. 960; Pub.
L. 93-492, title III, 301(a)(2), Oct. 27, 1974, 88 Stat. 1485.)
1974 -- Subsec. (a). Pub. L. 93-492 substituted ''this part'' for
''this subchapter''.
15 USC 1963. Implementation of grants or other assistance to States
TITLE 15 -- COMMERCE AND TRADE
(a) Time, manner, and contents of application
A grant or other assistance under this part may be obtained upon an
application by a State at such time, in such manner, and containing such
information as the Secretary prescribes, including information
respecting categories of expenditures by the State from financial
assistance under this part.
(b) Limitation on amount of grant; date for eligibility of
inspection costs; retention of equipment by State; manner of payments
Upon the approval of any such application, the Secretary may make a
grant to the State to pay each fiscal year an amount not in excess of 90
per centum of those categories of expenditures for establishing and
operating its project which the Secretary approves. Federal financial
assistance under this part shall not be available with respect to costs
of inspection carried out after September 30, 1977, under such a
project. Any equipment purchased with Federal funds may be retained by
a State for its inspection activities following the demonstration
project with the approval of the Secretary. Payments under this
subsection may be made in advance, in installments, or by way of
reimbursement.
(c) Minimum use of grants for diagnostic inspection demonstration
projects
The Secretary shall approve such applications and take such other
action as may be necessary to provide that at least three motor vehicle
diagnostic inspection demonstration projects receive financial
assistance under grants under this part through September 30, 1977.
(Pub. L. 92-513, title III, 303, Oct. 20, 1972, 86 Stat. 961; Pub.
L. 93-492, title III, 301(a)(2), Oct. 27, 1974, 88 Stat. 1485; Pub. L.
94-364, title III, 301, July 14, 1976, 90 Stat. 981.)
1976 -- Subsec. (b). Pub. L. 94-364, 301(1), substituted ''September
30, 1977'' for ''June 30, 1976''.
Subsec. (c). Pub. L. 94-364, 301(2), added subsec. (c).
1974 -- Pub. L. 93-492 substituted ''this part'' for ''this
subchapter'' wherever appearing.
15 USC Part B -- Special Demonstration Projects
TITLE 15 -- COMMERCE AND TRADE
1974 -- Pub. L. 93-492, title III, 301(a)(4), Oct. 27, 1974, 88
Stat. 1485, added heading ''Part B -- Special Demonstration Projects''.
15 USC 1963a. Duties of Secretary
TITLE 15 -- COMMERCE AND TRADE
(a) Establishment of special demonstration project; purposes of
motor vehicle inspection
The Secretary shall establish a special motor vehicle diagnostic
inspection demonstration project to assist in the research, rapid
development, and evaluation of advanced inspection, analysis, and
diagnostic equipment suitable for use by any State in any high volume
inspection facility designed to assess the safety, noise, emissions, and
fuel efficiency of motor vehicles. Motor vehicles shall be inspected at
such project for purposes of (1) evaluating the conditions of parts,
components, and repairs which may be necessary to comply with State and
Federal safety, noise, and emissions standards, and (2) assisting the
motor vehicle owner in achieving optimum fuel and maintenance economy.
(b) Evaluation of equipment available for use in small automotive
repair establishments; report to Congress
The Secretary shall evaluate, to the extent feasible, the existing
diagnostic analysis and test equipment available for use in small
automotive repair establishments and report to the Congress, within two
years after July 14, 1976, as to the scope of research and development
required to make such equipment compatible with State motor vehicle
inspection and diagnostic equipment. The report shall assess the extent
to which private industry can supply small automotive repair shops with
low cost test equipment which can be used to monitor compliance with
Federal safety, noise, and emissions standards promulgated by the
Secretary, the Administrator of the Environmental Protection Agency, and
by State or local regulatory agencies.
(c) Participation of certain Federal Administrators
In carrying out this section, the Secretary shall provide --
(1) the Administrator of the Environmental Protection Agency with an
opportunity to assist, to the extent such assistance relates to noise
and emissions, in the establishment of the special motor vehicle
diagnostic inspection demonstration project under subsection (a) of this
section and the evaluation of existing diagnostic and test equipment
under subsection (b) of this section; and
(2) the Administrator of the Federal Energy Administration with an
opportunity to assist, to the extent such assistance relates to fuel
efficiency, in the establishment of such project and the evaluation of
such equipment.
(Pub. L. 92-513, title III, 311, as added Pub. L. 93-492, title III,
301(a)(4) Oct. 27, 1974, 88 Stat. 1485, and amended Pub. L. 94-364,
title III, 302, July 14, 1976, 90 Stat. 982.)
1976 -- Pub. L. 94-364 designated existing provisions as subsec.
(a), substituted ''research, rapid development, and evaluation'' for
''rapid development and evaluation'' and ''for use by any State in any
high volume inspection facility designed to assess the safety, noise,
emissions, and fuel efficiency of motor vehicles'' for ''for use by the
States in standardized high volume inspection facilities and to evaluate
the repair characteristics of motor vehicles'', and substituted
provision relating to the purposes for which vehicles will be inspected,
for provision that project be designed to facilitate evaluation of
repair characteristics by small automotive repair garages, and added
subsecs. (b) and (c).
Federal Energy Administration terminated and functions vested by law
in Administrator thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and 7293 of Title
42, The Public Health and Welfare.
15 USC Part C -- Authorization of Appropriations
TITLE 15 -- COMMERCE AND TRADE
1974 -- Pub. L. 93-492, title III, 301(a)(4), Oct. 27, 1974, 88
Stat. 1485, added heading ''Part C -- Authorization of
Appropriations''.
15 USC 1964. Authorization of appropriations
TITLE 15 -- COMMERCE AND TRADE
There are authorized to be appropriated to carry out this subchapter
$5,000,000 for the fiscal year ending June 30, 1976; $500,000 for the
period beginning July 1, 1976, and ending September 30, 1976;
$7,500,000 for the fiscal year ending September 30, 1977; and
$4,400,000 for the fiscal year ending September 30, 1978. Sums
appropriated under this section shall remain available until expended.
(Pub. L. 92-513, title III, 321, formerly 304, Oct. 20, 1972, 86
Stat. 961, renumbered Pub. L. 93-492, title III, 301(a)(3), Oct. 27,
1974, 88 Stat. 1485, and amended Pub. L. 94-364, title III, 303, July
14, 1976, 90 Stat. 982.)
1976 -- Pub. L. 94-364 substituted provisions authorizing to be
appropriated $5,000,000 for the fiscal year ending June 30, 1976,
$500,000 for the period beginning July 1, 1976 and ending Sept. 30,
1976, $7,500,000 for the fiscal year ending Sept. 30, 1977, and
$4,400,000 for the fiscal year ending Sept. 30, 1978, for provisions
authorizing to be appropriated $15,000,000 for the fiscal year ending
June 30, 1973, $25,000,000 for the fiscal year ending June 30, 1974, and
$35,000,000 for the fiscal year ending June 30, 1975, struck out
provision that not more than 20 percent of the amount appropriated for
any fiscal year may be granted for projects in any one State, and
inserted provision that sums appropriated shall remain available until
expended.
15 USC SUBCHAPTER IV -- ODOMETER REQUIREMENTS
TITLE 15 -- COMMERCE AND TRADE
15 USC 1981. Congressional findings and declaration of purpose
TITLE 15 -- COMMERCE AND TRADE
The Congress hereby finds that purchasers, when buying motor
vehicles, rely heavily on the odometer reading as an index of the
condition and value of such vehicle; that purchasers are entitled to
rely on the odometer reading as an accurate reflection of the mileage
actually traveled by the vehicle; that an accurate indication of the
mileage traveled by a motor vehicle assists the purchaser in determining
its safety and reliability; and that motor vehicles move in the current
of interstate and foreign commerce or affect such commerce. It is
therefore the purpose of this subchapter to prohibit tampering with
odometers on motor vehicles and to establish certain safeguards for the
protection of purchasers with respect to the sale of motor vehicles
having altered or reset odometers.
(Pub. L. 92-513, title IV, 401, Oct. 20, 1972, 86 Stat. 961.)
Section 419, formerly 412, of Pub. L. 92-513, as renumbered by Pub.
L. 94-364, 408(1), July 14, 1976, 90 Stat. 984, provided that: ''This
title (other than section 408(a)) (this subchapter other than section
1988(a) of this title) shall take effect ninety calendar days following
the date of enactment of this Act (Oct. 20, 1972). Section 408(a)
(section 1988(a) of this title) shall take effect on the date of
enactment of this Act (Oct. 20, 1972).''
Recommendations
Section 420, formerly 413, of Pub. L. 92-513, as renumbered by Pub.
L. 94-364, 408(1), July 14, 1976, 90 Stat. 984, provided that one year
after Oct. 20, 1972, the Secretary was to report to the Congress and to
the President on the extent to which the reliability of odometers could
be improved, on the technical feasibility of producing odometers which
were tamper proof, and on the Secretary's plans and recommendations for
future action.
15 USC 1982. Definitions
TITLE 15 -- COMMERCE AND TRADE
As used in this subchapter --
(1) The term ''dealer'' means any person who has sold 5 or more motor
vehicles in the past 12 months to purchasers who in good faith purchase
such vehicles for purposes other than resale.
(2) The term ''distributor'' means any person who has sold 5 or more
vehicles in the past 12 months for resale.
(3) The term ''odometer'' means an instrument for measuring and
recording the actual distance a motor vehicle travels while in
operation; but shall not include any auxiliary odometer designed to be
reset by the operator of the motor vehicle for the purpose of recording
mileage on trips.
(4) The term ''repair and replacement'' means to restore to a sound
working condition by replacing the odometer or any part thereof or by
correcting what is inoperative.
(5) The term ''transfer'' means to change ownership by purchase,
gift, or any other means.
(6) The term ''title'' means the certificate of title or other
document issued by the State indicating ownership.
(7) The term ''leased motor vehicle'' means any motor vehicle which
is leased to a person for a term of at least 4 months by a lessor who
has leased 5 or more vehicles in the past 12 months.
(8) The term ''auction company'' means any person who takes
possession (whether through consignment or bailment or through any other
arrangement) of a motor vehicle owned by another person for purposes of
selling such motor vehicle at an auction.
(Pub. L. 92-513, title IV, 402, Oct. 20, 1972, 86 Stat. 961; Pub.
L. 94-364, title IV, 401, July 14, 1976, 90 Stat. 983; Pub. L. 99-579,
2(b), Oct. 28, 1986, 100 Stat. 3310.)
1986 -- Pars. (6) to (8). Pub. L. 99-579 added pars. (6) to (8).
1976 -- Pub. L. 94-364 added pars. (1) and (2) and redesignated
former pars. (1) to (3) as (3) to (5), respectively.
15 USC 1983. Devices causing odometer to register other than true
mileage driven prohibited
TITLE 15 -- COMMERCE AND TRADE
No person shall advertise for sale, sell, use, or install or cause to
be installed, any device which causes an odometer to register any
mileage other than the true mileage driven. For purposes of this
section, the true mileage driven is that mileage driven by the vehicle
as registered by the odometer within the manufacturer's designed
tolerance.
(Pub. L. 92-513, title IV, 403, Oct. 20, 1972, 86 Stat. 962; Pub.
L. 94-364, title IV, 402, July 14, 1976, 90 Stat. 983.)
1976 -- Pub. L. 94-364 substituted ''No person shall advertise for
sale, sell, use, or install or cause to be installed,'' for ''It is
unlawful for any person to advertise for sale, to sell, to use, or to
install or to have installed,''.
15 USC 1984. Change of mileage indicated on odometer prohibited
TITLE 15 -- COMMERCE AND TRADE
No person shall disconnect, reset, or alter or cause to be
disconnected, reset, or altered, the odometer of any motor vehicle with
intent to change the number of miles indicated thereon.
(Pub. L. 92-513, title IV, 404, Oct. 20, 1972, 86 Stat. 962; Pub.
L. 94-364, title IV, 403, July 14, 1976, 90 Stat. 983.)
1976 -- Pub. L. 94-364 substituted ''No person shall disconnect,
reset, or alter or cause to be disconnected, reset, or altered,'' for
''It is unlawful for any person or his agent to disconnect, reset, or
alter''.
15 USC 1985. Operation of motor vehicle with knowledge of disconnected
or nonfunctional odometer prohibited
TITLE 15 -- COMMERCE AND TRADE
No person shall, with intent to defraud, operate a motor vehicle on
any street or highway knowing that the odometer of such vehicle is
disconnected or nonfunctional.
(Pub. L. 92-513, title IV, 405, Oct. 20, 1972, 86 Stat. 962; Pub.
L. 94-364, title IV, 404, July 14, 1976, 90 Stat. 983.)
1976 -- Pub. L. 94-364 substituted ''No person shall, with intent to
defraud, operate'' for ''It is unlawful for any person with the intent
to defraud to operate''.
15 USC 1986. Conspiracy to violate odometer requirements
TITLE 15 -- COMMERCE AND TRADE
No person shall conspire with any other person to violate section
1983, 1984, 1985, 1987, or 1988 of this title.
(Pub. L. 92-513, title IV, 406, Oct. 20, 1972, 86 Stat. 962.)
15 USC 1987. Lawful service, repair, or replacement of odometer;
adjustment of mileage and notice of adjustment; failure to adjust
mileage or affix notice of adjustment and removal or alteration of
notice with fraudulent intent prohibited
TITLE 15 -- COMMERCE AND TRADE
(a) Adjustment of mileage and notice of adjustment
Nothing in this subchapter shall prevent the service, repair, or
replacement of an odometer, provided the mileage indicated thereon
remains the same as before the service, repair, or replacement. Where
the odometer is incapable of registering the same mileage as before such
service, repair, or replacement, the odometer shall be adjusted to read
zero and a notice in writing shall be attached to the left door frame of
the vehicle by the owner or his agent specifying the mileage prior to
repair or replacement of the odometer and the date of which it was
repaired or replaced.
(b) Failure to adjust mileage or affix notice; fraudulent removal or
alteration
(1) No person shall fail to adjust an odometer or affix a notice
regarding such adjustment as required pursuant to subsection (a) of this
section.
(2) No person shall, with intent to defraud, remove or alter any
notice affixed to a motor vehicle pursuant to subsection (a) of this
section.
(Pub. L. 92-513, title IV, 407, Oct. 20, 1972, 86 Stat. 962; Pub.
L. 94-364, title IV, 405, July 14, 1976, 90 Stat. 983.)
1976 -- Pub. L. 94-364 designated existing provisions as subsec.
(a), struck out provision relating to removal or alteration of notice,
and added subsec. (b).
15 USC 1988. Disclosure requirements upon transfer of ownership of
motor vehicle
TITLE 15 -- COMMERCE AND TRADE
(a) Promulgation of rules
Not later than 90 days after October 20, 1972, the Secretary shall
prescribe rules requiring any transferor to give the following written
disclosure to the transferee in connection with the transfer of
ownership of a motor vehicle:
(1) Disclosure of the cumulative mileage registered on the odometer.
(2) Disclosure that the actual mileage is unknown, if the odometer
reading is known to the transferor to be different from the number of
miles the vehicle has actually traveled.
Such rules shall prescribe the manner in which information shall be
disclosed under this section and in which such information shall be
retained.
(b) Violations of rules and giving false statements to transferees
prohibited
No transferor shall violate any rule prescribed under this section or
give a false statement to a transferee in making any disclosure required
by such rule.
(c) Acceptance of incomplete written disclosure by transferees
acquiring ownership for resale prohibited
No transferee who, for purposes of resale, acquires ownership of a
motor vehicle shall accept any written disclosure required by any rule
prescribed under this section if such disclosure is incomplete.
(d) Statement by transferor of mileage disclosure prior to licensing
by transferee
(1)(A) Any motor vehicle the ownership of which is transferred may
not be licensed for use in any State unless the transferee, in
submitting an application to a State for the title upon which such
license will be issued, includes with such application the transferor's
title and, if that title contains the space referred to in paragraph
(2)(A)(iii), a statement, signed and dated by the transferor, of the
mileage disclosure required under subsection (a) of this section.
(B) This paragraph shall not apply to any transfer of ownership of a
motor vehicle which has not been licensed before the transfer.
(C) In the case of a transferor to whom title to a motor vehicle has
been issued by any State and such title is, at the time of a transfer of
such motor vehicle, physically held by a lienholder, nothing in this
subsection shall be construed to prohibit for purposes of the mileage
disclosure requirements of this section the use of a written power of
attorney (if otherwise permitted by State law) in a form, and under
reasonable conditions, prescribed by rule by the Secretary before
February 1, 1989. The rule shall (i) ensure disclosure on the power of
attorney document of the actual mileage at the time of the transfer, and
(ii) ensure that such mileage will be restated exactly by the person
exercising the power of attorney in the space referred to in paragraph
(2)(A)(iii). The rule, consistent with the purposes of this chapter and
the need to facilitate enforcement thereof, shall prescribe that the
form be issued by the State to the transferee in accordance with
paragraph (2)(A)(i), shall prescribe that the person granted such power
of attorney shall retain a copy of such power of attorney and shall
submit the original back to the State with a copy of the title showing
the restatement of the mileage, and may prescribe that the State retain
the power of attorney and the copy of the title for an appropriate
period or that the State adopt alternative measures consistent with the
purposes of this subchapter, taking into consideration costs to the
State. The rule shall not require that a vehicle be titled in the State
in which the power of attorney was issued. The provisions of sections
1990b and 1990c of this title shall apply to any person granting or
granted such power of attorney.
(2)(A) Any motor vehicle the ownership of which is transferred may
not be licensed for use in any State unless the title which is issued by
the State to the transferee following such transfer --
(i) is set forth by means of a secure printing process (or other
secure process);
(ii) indicates the mileage disclosure required to be made under
subsection (a) of this section; and
(iii) contains a space for the transferee to disclose (in the event
of a future transfer) the mileage at the time of such future transfer
and to sign and date such disclosure.
(B) The requirements of subparagraph (A) shall not be construed to
require a State to verify, or preclude the State from verifying, the
mileage information contained in the title.
(e) Written disclosure regarding mileage by lessee to lessor upon
lessor's transfer of ownership of leased motor vehicle
(1) In the case of any leased motor vehicle, the rules under
subsection (a) of this section shall require written disclosure
regarding mileage to be made by the lessee to the lessor upon the
lessor's transfer of ownership of the leased motor vehicle.
(2) Under such rules, the lessor of a leased motor vehicle shall
provide written notice to the lessee regarding --
(A) such mileage disclosure requirements, and
(B) the penalties for failure to comply with them.
(3) The lessor shall retain the disclosures made by any lessee with
respect to any motor vehicle under paragraph (1) for a period of at
least 4 years following the date the lessor transfers that vehicle.
(4) For purposes of this section, if the lessor transfers ownership
of any leased motor vehicle without obtaining possession of such
vehicle, the lessor may, in making the disclosure required by subsection
(a) of this section, indicate on the title the mileage disclosed by the
lessee under paragraph (1) unless the lessor has reason to believe that
such disclosure by the lessee does not reflect the actual mileage of the
vehicle.
(f) State alternate motor vehicle mileage disclosure requirements
(1) The requirements of subsections (d) and (e)(1) of this section
respecting the disclosure of motor vehicle mileage when motor vehicles
are transferred or leased shall apply in a State unless the State has in
effect alternate motor vehicle mileage disclosure requirements approved
by the Secretary. The Secretary may promulgate regulations establishing
procedures for the consideration and approval of such alternate
requirements.
(2) The Secretary shall approve alternate motor vehicle mileage
disclosure requirements submitted by a State unless the Secretary
determines that such requirements are not consistent with the purpose of
the disclosure required by subsection (d) or (e) of this section, as the
case may be.
(g) Recordkeeping requirements for auction company where motor
vehicle sold at auction
If any motor vehicle is sold at an auction, the auction company which
conducts such auction shall establish and maintain for a period of at
least 4 years following the date of such sale the following records:
(1) The name of the most recent owner of the motor vehicle (other
than the auction company) and the name of the buyer of the motor
vehicle.
(2) The vehicle identification number of the motor vehicle required
under subchapter VI of this chapter or the National Traffic and Motor
Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.).
(3) The odometer reading on the date of which the auction company
took possession of the motor vehicle.
(Pub. L. 92-513, title IV, 408, Oct. 20, 1972, 86 Stat. 962; Pub.
L. 94-364, title IV, 406, July 14, 1976, 90 Stat. 983; Pub. L. 99-579,
2(a), Oct. 28, 1986, 100 Stat. 3309; Pub. L. 100-561, title IV, 401,
Oct. 31, 1988, 102 Stat. 2817; Pub. L. 101-641, 7(a), Nov. 28, 1990,
104 Stat. 4657.)
The National Traffic and Motor Vehicle Safety Act of 1966, referred
to in subsec. (g)(2), is Pub. L. 89-563, Sept. 9, 1966, 80 Stat.
718, as amended, which is classified generally to chapter 38 ( 1381 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1381 of this title and
Tables.
1990 -- Subsec. (d)(1)(C). Pub. L. 101-641, 7(a), which directed the
amendment of subsec. (d)(2)(C) of this section, was executed by
amending subsec. (d)(1)(C) of this section to reflect the probable
intent of Congress because subsec. (d)(2) of this section does not
contain a subpar. (C). The amendment added a new third and fourth
sentences to subpar. (C) and struck out former third sentence which
read as follows: ''The rule, consistent with the purposes of this
chapter and the need to facilitate enforcement thereof, shall prescribe
that the form be issued by the State to the transferee in accordance
with paragraph (2)(A)(i) and shall provide for retention of a copy of
such power of attorney and for the original to be submitted back to the
State by the person granted such power of attorney.''
1988 -- Subsec. (d)(1)(C). Pub. L. 100-561 added subpar. (C).
1986 -- Subsecs. (d) to (g). Pub. L. 99-579 added subsecs. (d) to
(g).
1976 -- Subsec. (b). Pub. L. 94-364 substituted ''No transferor
shall violate any rule prescribed under this section or give a false
statement'' for ''It shall be a violation of this section for any
transferor to violate any rules under this section or to knowingly give
a false statement''.
Subsec. (c). Pub. L. 94-364 added subsec. (c).
Section 7(b) of Pub. L. 101-641 provided that: ''The amendment made
by subsection (a) (amending this section) shall be effective on the date
of enactment of this Act (Nov. 28, 1990) and the Secretary of
Transportation shall implement the amended section by promulgating a
revision of existing regulations within six months after such effective
date. Such rule shall consider the need to facilitate normal commercial
transactions in the sale or exchange of motor vehicles.''
Section 2(c) of Pub. L. 99-579 provided that:
''(1) In general. -- Except as provided in paragraph (2), subsections
(d), (e), (f), and (g) of section 408 of the Motor Vehicle Information
and Cost Savings Act (15 U.S.C. 1988), as added by subsection (a) of
this section, shall apply with respect to motor vehicles which are
transferred after the date 30 months after the date of the enactment of
this Act (Oct. 28, 1986).
''(2) Revision of state laws to conform to amendments. --
''(A) Technical assistance. -- The Secretary of Transportation shall,
upon application, assist a State in revising its laws to comply with the
requirements of section 408(d)(1) and (2) of the Motor Vehicle
Information and Cost Savings Act.
''(B) Extension of time. -- If any State requires time, in addition
to the period prescribed by paragraph (1) of this subsection, to revise
its laws to achieve such compliance, the Secretary may, upon the request
of such State, grant, by notice published in the Federal Register, the
State such reasonable additional time as the Secretary determines is
necessary to achieve such compliance. The Secretary shall include in
the Federal Register notice the reasons for granting additional time.
In granting additional time, the Secretary shall ensure that the State
is making reasonable efforts to achieve such compliance.
''(3) Motor vehicle defined. -- For purposes of this subsection, the
term 'motor vehicle' has the same meaning as when used in the Motor
Vehicle Information and Cost Savings Act (15 U.S.C. 1901 and
following).''
Section, except subsec. (a), effective 90 calendar days following
Oct. 20, 1972, with subsec. (a) to take effect on Oct. 20, 1972, see
section 419 of Pub. L. 92-513, set out as a note under section 1981 of
this title.
15 USC 1989. Civil actions to enforce liability for violations of
odometer requirements
TITLE 15 -- COMMERCE AND TRADE
(a) Amount of damages
Any person who, with intent to defraud, violates any requirement
imposed under this subchapter shall be liable in an amount equal to the
sum of --
(1) three times the amount of actual damages sustained or $1,500,
whichever is the greater; and
(2) in the case of any successful action to enforce the foregoing
liability, the costs of the action together with reasonable attorney
fees as determined by the court.
(b) Jurisdiction; period of limitation
An action to enforce any liability created under subsection (a) of
this section, may be brought in a United States district court without
regard to the amount in controversy, or in any other court of competent
jurisdiction, within two years from the date on which the liability
arises.
(Pub. L. 92-513, title IV, 409, Oct. 20, 1972, 86 Stat. 963.)
15 USC 1990. Injunctive relief to restrain violations
TITLE 15 -- COMMERCE AND TRADE
(a) Jurisdiction; venue; service of process
The United States district courts shall have jurisdiction, for cause
shown and subject to the provisions of rule 65(a) and (b) of the Federal
Rules of Civil Procedure, to restrain violations of this subchapter, or
rules, regulations, or orders issued thereunder. Such actions may be
brought by the Attorney General in any United States district court for
a district wherein any act, omission, or transaction constituting the
violation occurred, or in such court for the district wherein the
defendant is found, is an inhabitant, or transacts business. In any
action brought under this section, process may be served on a defendant
in any other district in which the defendant resides or may be found.
(b) Subpenas for witnesses
In any action brought under this subchapter, subpenas for witnesses
who are required to attend a United States district court may run into
any other district.
(Pub. L. 92-513, title IV, 410, Oct. 20, 1972, 86 Stat. 963; Pub.
L. 94-364, title IV, 407, July 14, 1976, 90 Stat. 984.)
1976 -- Subsec. (a). Pub. L. 94-364 substituted ''The United States
district courts shall have jurisdiction'' for ''Upon petition by the
Attorney General on behalf of the United States, the United States
district courts shall have jurisdiction'' and ''violations of this
subchapter, or rules, regulations, or orders issued thereunder'' for
''violations of this subchapter'' and substituted provisions relating to
district where actions may be brought by Attorney General and where
process may be served, for provisions relating to the giving of notice,
and the affording of opportunity to be heard by Secretary to person
against whom injunction is sought and provisions relating to failure to
give such notice or to afford such opportunity to be heard as not
precluding the granting of relief.
Subsec. (b). Pub. L. 94-364 substituted provision relating to the
running of subpenas for witnesses into other districts, for provision
which made section 1917(c)(3) and (4) of this title applicable to
actions under this section.
15 USC 1990a. State action to restrain violation or recover damages
TITLE 15 -- COMMERCE AND TRADE
(a) Action by chief law enforcement officer
If any person violates any requirement imposed under this subchapter,
the chief law enforcement officer of the State in which such violation
occurred may bring any action to --
(1) restrain such violation; or
(2) recover amounts for which such person is liable under section
1989 of this title to each person on whose behalf such action is
brought.
(b) Period of limitation; jurisdiction
Any action under subsection (a) of this section may be brought within
two years from the date on which the liability arises --
(1) without regard to the amount in controversy, in any appropriate
district court of the United States, or
(2) in any court of competent jurisdiction of any State.
(Pub. L. 92-513, title IV, 411, as added Pub. L. 94-364, title IV,
408(2), July 14, 1976, 90 Stat. 984.)
15 USC 1990b. Civil penalty
TITLE 15 -- COMMERCE AND TRADE
(a) Maximum amounts
Any person who commits any act or causes to be done any act that
violates any provision of this subchapter or omits to do any act or
causes to be omitted any act that is required by any such provision
shall be subject to a civil penalty not to exceed $2,000 for each such
violation. A violation of any such provision shall, for purposes of
this section, constitute a separate violation with respect to each motor
vehicle or device involved, except that the maximum civil penalty shall
not exceed $100,000 for any related series of violations.
(b) Assessment; collection; compromise
Any civil penalty under this section shall be assessed by the
Secretary and collected in a civil action brought by the Attorney
General on behalf of the United States. Before referral of civil
penalty claims to the Attorney General, civil penalties may be
compromised by the Secretary after affording the person charged with a
violation of any section of this subchapter an opportunity to present
views and evidence in support thereof to establish that the alleged
violation did not occur. In determining the amount of such penalty, the
Secretary shall take into account the nature, circumstances, extent, and
gravity of the violation committed and, with respect to the person found
to have committed such violation, the degree of culpability, any history
of prior offenses, ability to pay, effect on ability to continue to do
business, and such other matters as justice may require.
(Pub. L. 92-513, title IV, 412, as added Pub. L. 94-364, title IV,
408(2), July 14, 1976, 90 Stat. 984, and amended Pub. L. 99-579, 3( a),
Oct. 28, 1986, 100 Stat. 3311.)
1986 -- Subsec. (a). Pub. L. 99-579 substituted ''$2,000'' for
''$1,000''.
15 USC 1990c. Criminal penalties
TITLE 15 -- COMMERCE AND TRADE
(a) Maximum amounts
Any person who knowingly and willfully commits any act or causes to
be done any act that violates any provision of this subchapter or
knowingly and willfully omits to do any act or causes to be omitted any
act that is required by any such provision shall be fined not more than
$50,000 or imprisoned not more than three years, or both.
(b) Liability of director, etc., of corporation
Any individual director, officer, or agent of a corporation who
knowingly and willfully authorizes, orders, or performs any of the acts
or practices constituting in whole or in part a violation of any section
of this subchapter shall be subject to penalties under this section
without regard to any penalties to which that corporation may be subject
under subsection (a) of this section.
(Pub. L. 92-513, title IV, 413, as added Pub. L. 94-364, title IV,
408(2), July 14, 1976, 90 Stat. 985, and amended Pub. L. 99-579, 3( b),
Oct. 28, 1986, 100 Stat. 3311.)
1986 -- Subsec. (a). Pub. L. 99-579 substituted ''three years'' for
''one year''.
15 USC 1990d. Inspections and investigations
TITLE 15 -- COMMERCE AND TRADE
(a) Authorization of Secretary; cooperation with State and local
officials; power of designated officers or employees to enter, impound,
and inspect; compensation for impounding of motor vehicles or equipment
(1) The Secretary is authorized to conduct any inspection or
investigation necessary to enforce this subchapter or any rules,
regulations, or orders issued thereunder. Information obtained
indicating noncompliance with this subchapter or any rules, regulations,
or orders issued thereunder, may be referred to the Attorney General for
investigative consideration. In making investigations under this
paragraph, the Secretary shall cooperate with appropriate State and
local officials to the greatest extent possible consistent with the
purposes of this subsection.
(2) For purposes of carrying out paragraph (1) of this subsection,
officers or employees duly designated by the Secretary, upon stating
their purpose and presenting appropriate credentials and written notice
(which notice may consist of an administrative inspection warrant) to
the owner, operator, or agent in charge, are authorized at reasonable
times and in a reasonable manner --
(A) to enter (i) any factory, warehouse, establishment, or other
commercial premises in or on which motor vehicles or items of motor
vehicle equipment are manufactured, held for shipment or sale,
maintained, or repaired, or (ii) any noncommercial premises in or on
which the Secretary reasonably believes that there is a motor vehicle or
item of motor vehicle equipment that has been the object of a violation
of this subchapter;
(B) to impound, for a period not to exceed 72 hours, for purposes of
inspection, any motor vehicle or item of motor vehicle equipment that
the Secretary reasonably believes to have been the object of a violation
of this subchapter; and
(C) to inspect any factory, warehouse, establishment, premises,
vehicle, or equipment referred to in subparagraph (A) or (B) of this
paragraph.
Each inspection or impoundment under this paragraph shall be
commenced and completed with reasonable promptness.
(3) Whenever, under the authority of paragraph (2)(B) of this
subsection, the Secretary impounds for the purpose of inspection any
motor vehicle (other than a vehicle subject to subchapter II of chapter
105 of title 49) or any item of motor vehicle equipment, he shall pay
reasonable compensation to the owner of such vehicle or equipment to the
extent that such inspection or impounding results in the denial of the
use of the vehicle or equipment to its owner or in the reduction in
value of the vehicle or equipment.
(b) Recordkeeping requirements
For the purpose of enabling the Secretary to determine whether any
dealer or distributor has acted or is acting in compliance with this
subchapter or any rules, regulations, or orders issued thereunder, each
dealer and distributor shall --
(1) maintain such records as the Secretary may reasonably require to
make such determination;
(2) permit an officer or employee duly designated by the Secretary,
upon request of such officer or employee, to inspect appropriate books,
papers, records, and documents relevant to making such determination;
and
(3) provide such officer or employee information from records
required to be maintained under this subsection as the Secretary finds
necessary for such determination if the Secretary (A) provides the
reason or purpose for requiring such information, and (B) identifies to
the fullest extent practicable such information.
Nothing in this subsection authorizes the Secretary to require a
dealer or distributor to provide information on a regular periodic
basis.
(c) Administrative proceedings; access to and copying of documentary
evidence; written reports and answers; judicial enforcement of
subpoenas or orders; witness fees and mileage
(1) For the purpose of carrying out the provisions of this
subchapter, the Secretary or, with the authorization of the Secretary,
any officer or employee of the Department of Transportation may hold
such hearings, take such testimony, sit and act at such times and
places, administer such oaths, and require, by subpena or otherwise, the
attendance and testimony of such witnesses and the production of such
books, papers, correspondence, memorandums, contracts, agreements, or
other records as the Secretary, or such officer or employee, deems
advisable.
(2) In order to carry out the provisions of this subchapter, the
Secretary or his duly authorized agent shall at all reasonable times
have access to, and for the purposes of examination the right to copy,
any documentary evidence of any person having materials or information
relevant to any function of the Secretary under this subchapter.
(3) Except to the extent inconsistent with the last sentence of
subsection (b) of this section, the Secretary is authorized to require,
by general or special orders, any person to file, in such form as the
Secretary may prescribe, reports or answers in writing to specific
questions relating to any function of the Secretary under this
subchapter. Such reports and answers shall be under oath or otherwise,
and shall be filed with the Secretary within such reasonable period as
the Secretary may prescribe.
(4) Any of the district courts of the United States within the
jurisdiction of which an inquiry is carried on may, in the case of
contumacy or refusal to obey a subpena or order of the Secretary or such
officer or employee issued under paragraph (1) or (3) of this
subsection, issue an order requiring compliance therewith, and any
failure to obey such order of the court may be punished by such court as
a contempt thereof.
(5) Witnesses summoned pursuant to this subsection shall be paid the
same fees and mileage which are paid witnesses in the courts of the
United States.
(d) Disclosure of confidential information
All information reported to or otherwise obtained by the Secretary or
his representative under this subchapter, which information contains or
relates to a trade secret or other matter referred to in section 1905 of
title 18, shall be considered confidential for the purpose of that
section, except that such information may be disclosed to other officers
or employees concerned with carrying out this subchapter or when
relevant in any proceeding under this subchapter. Nothing in this
section shall authorize the withholding of information by the Secretary
or any officer or employee under his control from the duly authorized
committees of the Congress.
(Pub. L. 92-513, title IV, 414, as added Pub. L. 94-364, title IV,
408(2), July 14, 1976, 90 Stat. 985.)
In subsec. (a)(3), ''subchapter II of chapter 105 of title 49''
substituted for ''part II of the Interstate Commerce Act'' on authority
of Pub. L. 95-473, 3(b), Oct. 17, 1978, 92 Stat. 1466, the first
section of which enacted subtitle IV ( 10101 et seq.) of Title 49,
Transportation.
15 USC 1990e. Administrative warrants
TITLE 15 -- COMMERCE AND TRADE
(a) Necessity
A warrant under this section shall be required for any entry or
administrative inspection (including impoundment of motor vehicles or
motor vehicle equipment) authorized by section 1990d of this title,
except if such entry or inspection is --
(1) with the consent of the owner, operator, or agent in charge of
the factory, warehouse, establishment, or premises;
(2) in situations involving inspection of motor vehicles where there
is reasonable cause to believe that the mobility of the motor vehicle
makes it impracticable to obtain a warrant;
(3) in any other exceptional or emergency circumstance where time or
opportunity to apply for a warrant is lacking;
(4) for access to and examination of books, records, and any other
documentary evidence pursuant to section 1990d(c)(2) of this title; or
(5) in any other situations where a warrant is not constitutionally
required.
(b) Issuance and execution; inventory of impounded property; filing
of papers
Issuance and execution of administrative inspection warrants shall be
as follows:
(1) Any judge of the United States or of a State court of record, or
any United States magistrate judge, may, within his territorial
jurisdiction, and upon proper oath or affirmation showing probable
cause, issue warrants for the purpose of conducting administrative
inspections authorized by section 1990d of this title and of impoundment
of motor vehicles or motor vehicle equipment appropriate to such
inspections. For the purposes of this section, the term ''probable
cause'' means a valid public interest in the effective enforcement of
this subchapter or regulations issued thereunder sufficient to justify
administrative inspections of the area, factory, warehouse,
establishment, premises, or motor vehicle, or contents thereof, in the
circumstances specified in the application for the warrant.
(2) A warrant shall be issued only upon an affidavit of an officer or
employee having knowledge of the facts alleged, sworn to before the
judge or magistrate judge and establishing the grounds for issuing the
warrant. If the judge or magistrate judge is satisfied that grounds for
the application exist or that there is a reasonable basis for believing
they exist, he shall issue a warrant identifying the area, factory,
warehouse, establishment, premises, or motor vehicle to be inspected,
the purpose of such inspection, and, where appropriate, the type of
property to be inspected, if any. The warrant shall --
(A) identify the items or type of property to be impounded, if any;
(B) be directed to a person authorized under section 1990d of this
title to execute it;
(C) state the grounds for its issuance and the name of the person or
persons whose affidavit has been taken in support thereof;
(D) command the person to whom it is directed to inspect the area,
factory, warehouse, establishment, premises, or motor vehicle identified
for the purpose specified, and, where appropriate, shall direct the
impoundment of the property specified;
(E) direct that it be served during the hours specified in it; and
(F) designate the judge or magistrate judge to whom it shall be
returned.
(3) A warrant issued pursuant to this section must be executed and
returned within 10 days of its date unless, upon a showing by the
Secretary of a need therefor, the judge or magistrate judge allows
additional time in the warrant. If property is impounded pursuant to a
warrant, the person executing the warrant shall give the person from
whom or from whose premises the property was taken a copy of the warrant
and a receipt for the property taken or shall leave the copy and receipt
at the place from which the property was taken. The return of the
warrant shall be made promptly and shall be accompanied by a written
inventory of any property taken. The inventory shall be made in the
presence of the person executing the warrant and of the person from
whose possession or premises the property was taken, if they are
present, or in the presence of at least one credible person other than
the person making such inventory, and shall be verified by the person
executing the warrant. The judge or magistrate judge, upon request,
shall deliver a copy of the inventory to the person from whom or from
whose premises the property was taken and to the applicant for the
warrant.
(4) The judge or magistrate judge who has issued a warrant under this
section shall attach to the warrant a copy of the return and all papers
filed in connection therewith and shall file them with the clerk of the
district court of the United States for the judicial district in which
the inspection was made.
(Pub. L. 92-513, title IV, 415, as added Pub. L. 94-364, title IV,
408(2), July 14, 1976, 90 Stat. 987; Pub. L. 101-650, title III, 321,
Dec. 1, 1990, 104 Stat. 5117.)
''United States magistrate judge'' and ''magistrate judge''
substituted for ''United States magistrate'' and ''magistrate'',
respectively, wherever appearing in subsec. (b) pursuant to section 321
of Pub. L. 101-650, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure.
15 USC 1990f. Compliance with inspection and investigation requirements
TITLE 15 -- COMMERCE AND TRADE
No person shall fail to comply with the requirements of section 1990d
of this title to maintain records, make reports, provide information,
permit access to or copying of records, permit entry or inspection, or
permit impounding.
(Pub. L. 92-513, title IV, 416, as added Pub. L. 94-364, title IV,
408(2), July 14, 1976, 90 Stat. 988.)
15 USC 1990g. Authorization of appropriations
TITLE 15 -- COMMERCE AND TRADE
There are authorized to be appropriated to carry out this subchapter
$183,000 for fiscal year 1983, $196,000 for fiscal year 1984, and
$210,000 for fiscal year 1985.
(Pub. L. 92-513, title IV, 417, as added Pub. L. 94-364, title IV,
408(2), July 14, 1976, 90 Stat. 989, and amended Pub. L. 97-331, 2( d),
Oct. 15, 1982, 96 Stat. 1619.)
1982 -- Pub. L. 97-331 substituted ''subchapter $183,000 for fiscal
year 1983, $196,000 for fiscal year 1984, and $210,000 for fiscal year
1985'' for ''subchapter $450,000 for the fiscal year ending June 30,
1976; $100,000 for the period beginning July 1, 1976, and ending
September 30, 1976; $650,000 for the fiscal year ending September 30,
1977; and $562,000 for the fiscal year ending September 30, 1978''.
15 USC 1991. State odometer requirements
TITLE 15 -- COMMERCE AND TRADE
This subchapter does not --
(1) annul, alter, or affect the laws of any State with respect to the
disconnecting, altering, or tampering with odometers with the intent to
defraud, or
(2) exempt any person subject to the provisions of this subchapter
from complying with such laws,
except to the extent that those laws are inconsistent with any
provision of this subchapter, and then only to the extent of the
inconsistency.
(Pub. L. 92-513, title IV, 418, formerly 411, Oct. 20, 1972, 86 Stat.
963, renumbered 418, Pub. L. 94-364, title IV, 408(1), July 14, 1976, 90
Stat. 984.)
15 USC SUBCHAPTER V -- IMPROVING AUTOMOTIVE EFFICIENCY
TITLE 15 -- COMMERCE AND TRADE
1980 -- Pub. L. 96-425, 8(a)(3), Oct. 10, 1980, 94 Stat. 1828,
struck out heading ''Part A -- Automotive Fuel Economy''.
15 USC 2001. Definitions
TITLE 15 -- COMMERCE AND TRADE
For purposes of this subchapter:
(1) The term ''automobile'' means any 4-wheeled vehicle propelled by
fuel, or by alcohol or natural gas, which is manufactured primarily for
use on public streets, roads, and highways (except any vehicle operated
exclusively on a rail or rails), and
(A) which is rated at 6,000 lbs. gross vehicle weight or less, or
(B) which --
(i) is rated at more than 6,000 lbs. gross vehicle weight but less
than 10,000 lbs. gross vehicle weight,
(ii) is a type of vehicle for which the Secretary determines, by
rule, average fuel economy standards under this subchapter are feasible,
and
(iii) is a type of vehicle for which the Secretary determines, by
rule, average fuel economy standards will result in significant energy
conservation, or is a type of vehicle which the Secretary determines is
substantially used for the same purposes as vehicles described in
subparagraph (A) of this paragraph.
The Secretary may prescribe such rules as may be necessary to
implement this paragraph.
(2) The term ''passenger automobile'' means any automobile (other
than an automobile capable of off-highway operation) which the Secretary
determines by rule is manufactured primarily for use in the
transportation of not more than 10 individuals.
(3) The term ''automobile capable of off-highway operation'' means
any automobile which the Secretary determines by rule --
(A) has a significant feature (other than 4-wheel drive) which is
designed to equip such automobile for off-highway operation, and
(B) either --
(i) is a 4-wheel drive automobile, or
(ii) is rated at more than 6,000 pounds gross vehicle weight.
(4) The term ''average fuel economy'' means average fuel economy, as
determined under section 2003 of this title.
(5) The term ''fuel'' means gasoline and diesel oil. The Secretary
may, by rule, include any other liquid fuel or any gaseous fuel within
the meaning of the term ''fuel'' if he determines that such inclusion is
consistent with the need of the Nation to conserve energy.
(6) The term ''fuel economy'' means the average number of miles
traveled by an automobile per gallon of gasoline (or equivalent amount
of other fuel) consumed, as determined by the EPA Administrator in
accordance with procedures established under section 2003(d) of this
title.
(7) The term ''average fuel economy standard'' means a performance
standard which specifies a minimum level of average fuel economy which
is applicable to a manufacturer in a model year.
(8) The term ''manufacturer'' means any person engaged in the
business of manufacturing automobiles. The Secretary shall prescribe
rules for determining, in cases where more than one person is the
manufacturer of an automobile, which person is to be treated as the
manufacturer of such automobile for purposes of this subchapter. Such
term also includes any predecessor or successor of such a manufacturer
to the extent provided under rules which the Secretary shall prescribe.
(9) The term ''manufacture'' (except for purposes of section 2002(c)
of this title) means to produce or assemble in the customs territory of
the United States, or to import.
(10) The term ''import'' means to import into the customs territory
of the United States.
(11) The term ''model type'' means a particular class of automobile
as determined, by rule, by the EPA Administrator, after consultation and
coordination with the Secretary.
(12) The term ''model year'', with reference to any specific calendar
year, means a manufacturer's annual production period (as determined by
the EPA Administrator) which includes January 1 of such calendar year.
If a manufacturer has no annual production period, the term ''model
year'' means the calendar year.
(13) The term ''Secretary'' means the Secretary of Transportation.
(14) The term ''EPA Administrator'' means the Administrator of the
Environmental Protection Agency.
(Pub. L. 92-513, title V, 501, as added Pub. L. 94-163, title III,
301, Dec. 22, 1975, 89 Stat. 901, and amended Pub. L. 96-425, 4(c)( 1),
8(b), Oct. 10, 1980, 94 Stat. 1824, 1828; Pub. L. 100-494, 6(b), Oct.
14, 1988, 102 Stat. 2452.)
''This subchapter'', referred to in text preceding par. (1) and in
pars. (1)(B)(ii) and (8), was in the original ''this part'', meaning
former part A, ''Automotive Fuel Economy'', of this subchapter, which
designation, the only part designation appearing in the subchapter, was
struck out by section 8(a)(3) of Pub. L. 96-425.
1988 -- Par. (1). Pub. L. 100-494 inserted '', or by alcohol or
natural gas,'' after first reference to ''fuel''.
1980 -- Par. (8). Pub. L. 96-425, 4(c)(1), provided that for
purposes of this subchapter the term ''manufacturer'' would also include
any predecessor or successor of a manufacturer to the extent provided
under rules prescribed by the Secretary.
Par. (9). Pub. L. 96-425, 8(b), substituted ''manufacture'' for
''manufacturer''.
Section 9 of Pub. L. 96-425 provided that: ''Except as otherwise
provided in this Act (see Effective Date of 1980 Amendment note set out
under section 2002 of this title), the amendments made by this Act
(amending this section and sections 1901, 2002, 2003, 2005, 2008, and
2012 of this title and enacting provisions set out as notes under this
section and sections 1901 and 2002 of this title) shall take effect on
the date of enactment of this Act (Oct. 10, 1980).''
Section 2 of Pub. L. 96-425 provided that: ''It is the purpose of
this Act (amending this section and sections 1901, 2002, 2003, 2005,
2007, 2008, and 2012 of this title and enacting provisions set out as
notes under this section and sections 1901 and 2002 of this title) --
''(1) to amend certain Federal automobile fuel economy requirements
to improve fuel efficiency, and thereby facilitate conservation of
petroleum and reduce petroleum imports, and
''(2) to encourage full employment in the domestic automobile
manufacturing sector.''
title 42 section 6291.
15 USC 2002. Average fuel economy standards
TITLE 15 -- COMMERCE AND TRADE
(a) Standards for passenger vehicles manufactured after 1977; review
of standards; report to Congress; standards for passenger automobiles
manufactured from 1981 through 1984; amendment of standards
(1) Except as otherwise provided in paragraph (4) or in subsection
(c) or (d) of this section, the average fuel economy for passenger
automobiles manufactured by any manufacturer in any model year after
model year 1977 shall not be less than the number of miles per gallon
established for such model year under the following table:
(2) Not later than January 15 of each year, beginning in 1977, the
Secretary shall transmit to each House of Congress, and publish in the
Federal Register, a review of average fuel economy standards under this
subchapter. The review required to be transmitted not later than
January 15, 1979, shall include a comprehensive analysis of the program
required by this subchapter. Such analysis shall include an assessment
of the ability of manufacturers to meet the average fuel economy
standard for model year 1985 as specified in paragraph (1) of this
subsection, and any legislative recommendations the Secretary or the EPA
Administrator may have for improving the program required by this
suchapter.
(3) Not later than July 1, 1977, the Secretary shall prescribe, by
rule, average fuel economy standards for passenger automobiles
manufactured in each of the model years 1981 through 1984. Any such
standard shall apply to each manufacturer (except as provided in
subsection (c) of this section), and shall be set for each such model
year at a level which the Secretary determines (A) is the maximum
feasible average fuel economy level, and (B) will result in steady
progress toward meeting the average fuel economy standard established by
or pursuant to this subsection for model year 1985.
(4) The Secretary may, by rule, amend the average fuel economy
standard specified in paragraph (1) for model year 1985, or for any
subsequent model year, to a level which he determines is the maximum
feasible average fuel economy level for such model year, except that any
amendment which has the effect of increasing an average fuel economy
standard to a level in excess of 27.5 miles per gallon, or of decreasing
any such standard to a level below 26.0 miles per gallon, shall be
submitted to the Congress in accordance with section 551 of the Energy
Policy and Conservation Act (42 U.S.C. 6421), and shall not take effect
if either House of the Congress disapproves such amendment in accordance
with the procedures specified in such section.
(5) For purposes of considering any modification which is submitted
to the Congress under paragraph (4), the 5 calendar days specified in
section 551(f)(4)(A) of the Energy Policy and Conservation Act (42 U.S.
C. 6421(f)(4)(A)) shall be lengthened to 20 calendar days, and the 15
calendar days specified in section 551(c) and (d) of such Act (42 U.S.
C. 6421(c) and (d)) shall be lengthened to 60 calendar days.
(b) Standards for other than passenger automobiles
The Secretary shall, by rule, prescribe average fuel economy
standards for automobiles which are not passenger automobiles and which
are manufactured by any manufacturer in each model year which begins
more than 30 months after December 22, 1975. Such rules may provide for
separate standards for different classes of such automobiles (as
determined by the Secretary), and such standards shall be set at a level
which the Secretary determines is the maximum feasible average fuel
economy level which such manufacturers are able to achieve in each model
year to which this subsection applies. Any standard applicable to a
model year under this subsection shall be prescribed at least 18 months
prior to the beginning of such model year.
(c) Exemptions for manufacturers of limited number of cars
(1) On application of a manufacturer who manufactured (whether or not
in the United States) fewer than 10,000 passenger automobiles in the
second model year preceding the model year for which the application is
made, the Secretary may, by rule, exempt such manufacturer from
subsection (a) of this section. An application for such an exemption
shall be submitted to the Secretary, and shall contain such information
as the Secretary may require by rule. Such exemption may only be
granted if the Secretary determines that the average fuel economy
standard otherwise applicable under subsection (a) of this section is
more stringent than the maximum feasible average fuel economy level
which such manufacturer can attain. The Secretary may not issue
exemptions with respect to a model year unless he establishes, by rule,
alternative average fuel economy standards for passenger automobiles
manufactured by manufacturers which receive exemptions under this
subsection. Such standards may be established for an individual
manufacturer, for all automobiles to which this subsection applies, or
for such classes of such automobiles as the Secretary may define by
rule. Each such standard shall be set at a level which the Secretary
determines is the maximum feasible average fuel economy level for the
manufacturers to which the standard applies. An exemption under this
subsection shall apply to a model year only if the manufacturer
manufactures (whether or not in the United States) fewer than 10,000
passenger automobiles in such model year.
(2) Any manufacturer may elect in any application submitted under
paragraph (1) to have the applications for, and administrative
determinations regarding, exemptions and alternative average fuel
economy standards be consolidated for two or more of the model years
after model year 1980 and before model year 1986. The Secretary may
grant an exemption and set an alternative standard or standards for all
model years covered by such application.
(d) Application for modification of standards
(1) Any manufacturer may apply to the Secretary for modification of
an average fuel economy standard applicable under subsection (a) of this
section to such manufacturer for model year 1978, 1979, or 1980. Such
application shall contain such information as the Secretary may require
by rule, and shall be submitted to the Secretary within 24 months before
the beginning of the model year for which such modification is
requested.
(2)(A) If a manufacturer demonstrates and the Secretary finds that --
(i) a Federal standards fuel economy reduction is likely to exist for
such manufacturer for the model year to which the application relates,
and
(ii) such manufacturer applied a reasonably selected technology,
the Secretary shall, by rule, reduce the average fuel economy
standard applicable under subsection (a) of this section to such
manufacturer by the amount of such manufacturer's Federal standards fuel
economy reduction, rounded off to the nearest one-tenth mile per gallon
(in accordance with rules of the Secretary). To the maximum extent
practicable, prior to making a finding under this paragraph with respect
to an application, the Secretary shall request, and the EPA
Administrator shall supply, test results collected pursuant to section
2003(d) of this title for all automobiles covered by such application.
(B)(i) If the Secretary does not find that a Federal standards fuel
economy reduction is likely to exist for a manufacturer who filed an
application under paragraph (1), he shall deny the application of such
manufacturer.
(ii) If the Secretary --
(I) finds that a Federal standards fuel economy reduction is likely
to exist for a manufacturer who filed an application under paragraph
(1), and
(II) does not find that such manufacturer applied a reasonably
selected technology,
the average fuel economy standard applicable under subsection (a) of
this section to such manufacturer shall, by rule, be reduced by an
amount equal to the Federal standards fuel economy reduction which the
Secretary finds would have resulted from the application of a reasonably
selected technology.
(3) For purposes of this subsection:
(A) The term ''reasonably selected technology'' means a technology
which the Secretary determines it was reasonable for a manufacturer to
select, considering (i) the Nation's need to improve the fuel economy of
its automobiles, and (ii) the energy savings, economic costs, and
lead-time requirements associated with alternative technologies
practicably available to such manufacturer.
(B) The term ''Federal standards fuel economy reduction'' means the
sum of the applicable fuel economy reductions determined under
subparagraph (C).
(C) The term ''applicable fuel economy reduction'' means a number of
miles per gallon equal to --
(i) the reduction in a manufacturer's average fuel economy in a model
year which results from the application of a category of Federal
standards applicable to such model year, and which would not have
occurred had Federal standards of such category applicable to model year
1975 remained the only standards of such category in effect, minus
(ii) 0.5 mile per gallon.
(D) Each of the following is a category of Federal standards; /1/
(i) Emissions standards under section 202 of the Clean Air Act (42
U.S.C. 7521) and emissions standards applicable by reason of section
209(b) of such Act (42 U.S.C. 7543(b)).
(ii) Motor vehicle safety standards under the National Traffic and
Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.).
(iii) Noise emission standards under section 6 of the Noise Control
Act of 1972 (42 U.S.C. 4905).
(iv) Property loss reduction standards under subchapter I of this
chapter.
(E) In making the determination under this subsection, the Secretary
(in accordance with such methods as he shall prescribe by rule) shall
assume a production mix for such manufacturer which would have achieved
the average fuel economy standard for such model year had standards
described in subparagraph (D) applicable to model year 1975 remained the
only standards in effect.
(4) The Secretary may, for the purposes of conducting a proceeding
under this subsection, consolidate one or more applications filed under
this subsection.
(e) Determination of maximum feasible average fuel economy
For purposes of this section, in determining maximum feasible average
fuel economy, the Secretary shall consider --
(1) technological feasibility;
(2) economic practicability;
(3) the effect of other Federal motor vehicle standards on fuel
economy; and
(4) the need of the Nation to conserve energy.
For purposes of this subsection, the Secretary shall not consider the
fuel economy of alcohol powered automobiles or natural gas powered
automobiles, and the Secretary shall consider dual energy automobiles
and natural gas dual energy automobiles to be operated exclusively on
gasoline or diesel fuel.
(f) Amendment of average fuel economy standards
(1) The Secretary may, by rule, from time to time, amend any average
fuel economy standard prescribed under subsection (a)(3), (b), or (c) of
this section, so long as such standard, as amended, meets the
requirements of subsection (a)(3), (b), or (c) of this section, as the
case may be.
(2) Any amendment prescribed under this section which has the effect
of making any average fuel economy standard more stringent shall be --
(A) promulgated, and
(B) if required by paragraph (4) of subsection (a) of this section,
submitted to the Congress,
at least 18 months prior to the beginning of the model year to which
such amendment will apply.
(g) Exemption of emergency vehicles from fuel economy standards
(1) At the election of any manufacturer, the fuel economy of any
emergency vehicle shall not be taken into account in applying any fuel
economy standard prescribed by or under subsection (a), (b), or (c) of
this section. Any manufacturer electing to have the provisions of this
subsection shall provide written notice of that election to the
Secretary and to the Environmental Protection Agency Administrator.
(2) For purposes of paragraph (1), the term ''emergency vehicle''
means any automobile manufactured primarily for use --
(A) as an ambulance or combination ambulance-hearse,
(B) by the United States or by a State or local government for police
or other law enforcement purposes, or
(C) for other emergency uses prescribed by the Secretary of
Transportation by regulation.
(h) Application of other laws
Proceedings under subsection (a)(4) or (d) of this section shall be
conducted in accordance with section 553 of title 5 except that
interested persons shall be entitled to make oral as well as written
presentations. A transcript shall be taken of any oral presentations.
(i) Consultation with Secretary of Energy; impact of proposed
standards upon conservation goals; comments
The Secretary shall consult with the Secretary of Energy in carrying
out his responsibilities under this section. The Secretary shall,
before issuing any notice proposing under subsection (a), (b), (d), or
(f) of this section, to establish, reduce, or amend an average fuel
economy standard, provide the Secretary of Energy with a period of not
less than ten days from the receipt of the notice during which the
Secretary of Energy may, upon concluding that the proposed standard
would adversely affect the conservation goals set by the Secretary of
Energy, provide written comments to the Secretary concerning the impacts
of the proposed standard upon those goals. To the extent that the
Secretary does not revise the proposed standard to take into account any
comments by the Secretary of Energy regarding the level of the proposed
standard, the Secretary shall include the unaccommodated comments in the
notice.
(j) Notification of Secretary of Energy; comments
The Secretary shall, before taking action on any final standard under
this section or any modification of or exemption from such standard,
notify the Secretary of Energy and provide such Secretary with a
reasonable period of time to comment thereon.
(k) Adjustments or relief regarding standards for other than
passenger automobiles
(1) On the petition of any manufacturer for any model year beginning
after model year 1981 and before model year 1986, the Secretary may
conduct an examination of the impacts on that manufacturer or a class of
manufacturers of any standard under subsection (b) of this section
applicable to 4-wheel drive automobiles. If after consideration of the
results of that examination the Secretary finds in accordance with
paragraph (2) that the manufacturer has demonstrated that such
manufacturer or class of manufacturers would not otherwise be able to
comply with such standard for that model year as it applies to 4-wheel
drive automobiles without causing severe economic impacts, such as plant
closures or reduction in employment in the United States related to
motor vehicle manufacturing, the Secretary shall, by order, make an
adjustment or otherwise provide relief regarding --
(A) the manner by which the average fuel economy of that manufacturer
or class of manufacturers is calculated for purposes of that standard as
it applies to 4-wheel drive automobiles, or
(B) other aspects regarding the application of that standard to the
manufacturer or class of manufacturers with respect to such automobiles
to the extent consistent with the provisions of this subchapter.
(2) Any finding by the Secretary under paragraph (1) shall be made
(A) after notice and a reasonable opportunity for written or oral
comment, and (B) after consideration of the benefits available under the
amendments made by the Automobile Fuel Efficiency Act of 1980.
(3) The authority of the Secretary under this subsection to make any
adjustment or provide other relief shall not be effective for any model
year after model year 1985.
(4) The Secretary shall notify the Congress of any adjustment or
other relief provided under this subsection in the first annual report
submitted to the Congress under section 2012 of this title after the
order is issued providing for that adjustment or relief.
(5)(A) Any final decision of the Secretary under this subsection
shall be made, and notice thereof published in the Federal Register, not
later than 120 days after the date of the petition involved. The
Secretary may extend such period to a specified date if the Secretary
publishes notice thereof in the Federal Register, together with the
reasons for such extension. Any such decision by the Secretary shall
become final 30 days after the publication of the notice of final
decision unless a petition for judicial review is filed under
subparagraph (B).
(B) Any person adversely affected by such a decision may, not later
than 30 days after publication of notice of such decision, file a
petition for review of such decision with the United States Court of
Appeals for the District of Columbia or for the circuit in which such
person resides, or in which the principal place of business of such
person is located. The United States court of appeals involved shall
have jurisdiction to review such decision in accordance with section
706(2)(A) through (D) of title 5, and to affirm, remand, or set aside
the decision of the Secretary. Except as otherwise provided in this
subparagraph, section 2004(c) and (d) of this title shall apply to such
review to the same extent and manner as it applies with respect to
review of any rule prescribed under this section or section 2001, 2003,
or 2006 of this title.
(6) The availability of any adjustment or other relief under this
subsection shall not be taken into account in prescribing standards
under subsection (b) of this section.
(l) Credits for exceeding average fuel economy standards
(1)(A) For purposes of this subchapter, credits under this subsection
shall be considered to be available to any manufacturer upon the
completion of the model year in which such credits are earned under
subparagraph (B) unless under subparagraph (C) the credits are made
available for use at a time prior to the model year in which earned.
(B) Whenever the average fuel economy of the passenger automobiles
manufactured by a manufacturer in a particular model year exceeds an
applicable average fuel economy standard established under subsection
(a) or (c) of this section (determined by the Secretary without regard
to any adjustment under subsection (d) of this section or any credit
under this subsection), such manufacturer shall be entitled to a credit,
calculated under subparagraph (C), /2/ which --
(i) shall be available to be taken into account with respect to the
average fuel economy of that manufacturer for any of the three
consecutive model years immediately prior to the model year in which
such manufacturer exceeds such applicable average fuel economy standard,
and
(ii) to the extent that such credit is not so taken into account
pursuant to clause (i), shall be available to be taken into account with
respect to the average fuel economy of that manufacturer for any of the
three consecutive model years immediately following the model year in
which such manufacturer exceeds such applicable average fuel economy
standard.
(C)(i) At any time prior to the end of any model year, a manufacturer
which has reason to believe that its average fuel economy for passenger
automobiles will be below such applicable standard for that model year
may submit a plan demonstrating that such manufacturer will earn
sufficient credits under subparagraph (B) within the next 3 model years
which when taken into account would allow the manufacturer to meet that
standard for the model year involved.
(ii) Such credits shall be available for the model year involved
subject to --
(I) the Secretary approving such plan; and
(II) the manufacturer earning such credits in accordance with such
plan.
(iii) The Secretary shall approve any such plan unless the Secretary
finds that it is unlikely that the plan will result in the manufacturer
earning sufficient credits to allow the manufacturer to meet the
standard for the model year involved.
(iv) The Secretary shall provide notice to any manufacturer in any
case in which the average fuel economy of that manufacturer is below the
applicable standard under subsection (a) or (c) of this section, after
taking into account credits available under subparagraph (B)(i), and
afford the manufacturer a reasonable period (of not less than 60 days)
in which to submit a plan under this subparagraph.
(D) The amount of credit to which a manufacturer is entitled under
this paragraph shall be equal to --
(i) the number of tenths of a mile per gallon by which the average
fuel economy of the passenger automobiles manufactured by such
manufacturer in the model year in which the credit is earned pursuant to
this paragraph exceeds the applicable average fuel economy standard
established under subsection (a) or (c) of this section, multiplied by
(ii) the total number of passenger automobiles manufactured by such
manufacturer during such model year.
(E) The Secretary shall take credits into account for any model year
on the basis of the number of tenths of a mile per gallon by which the
manufacturer involved was below the applicable average fuel economy
standard for that model year and the volume of passenger automobiles
manufactured that model year by the manufacturer. Credits once taken
into account for any model year shall not thereafter be available for
any other model year. Prior to taking any credit into account, the
Secretary shall provide the manufacturer involved with written notice
and reasonable opportunity to comment thereon.
(2) Credits for manufacturers of automobiles which are not passenger
automobiles shall be earned and be available to be taken into account
for model years in which the average fuel economy of such class of
automobiles is below the applicable average fuel economy standard
established under subsection (b) of this section to the same extent and
in the same manner as provided for under paragraph (1). Not later than
60 days after October 10, 1980, the Secretary shall prescribe
regulations to carry out the provisions of this paragraph.
(3) Whenever a civil penalty has been assessed and collected under
section 2008 of this title from a manufacturer who is entitled to a
credit under this subsection, the Secretary of the Treasury shall refund
to such manufacturer the amount of the civil penalty so collected to the
extent that penalty is attributable to credits available under this
subsection.
(4) The Secretary may prescribe rules for purposes of carrying out
the provisions of this subsection.
(Pub. L. 92-513, title V, 502, as added Pub. L. 94-163, title III,
301, Dec. 22, 1975, 89 Stat. 902, and amended Pub. L. 95-91, title III,
305, Aug. 4, 1977, 91 Stat. 580; Pub. L. 96-425, 3(a)(1), 5, 6(b), 7,
8(c), (d), Oct. 10, 1980, 94 Stat. 1821, 1825, 1826, 1828; Pub. L.
100-494, 6(c), Oct. 14, 1988, 102 Stat. 2452.)
The National Traffic and Motor Vehicle Safety Act of 1966, referred
to in subsec. (d)(3)(D)(ii), is Pub. L. 89-563, Sept. 9, 1966, 80
Stat. 718, as amended, which is classified to chapter 38 ( 1381 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1381 of this title and
Tables.
The Automobile Fuel Efficiency Act of 1980, referred to in subsec.
(k)(2), is Pub. L. 96-425, Oct. 10, 1980, 94 Stat. 1821, which
amended sections 1901, 2001 to 2003, 2005, 2007, 2008, and 2012 of this
title, and enacted provisions set out as notes under sections 1901,
2001, and 2002 of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 1901 of this
title and Tables.
''This subchapter'', referred to in subsecs. (a)(2) and (l)(1)(A),
was in the original ''this part'', meaning former part A, ''Automotive
Fuel Economy'', of this subchapter, which designation, the only part
designation appearing in the subchapter, was struck out by section 8(
a)(3) of Pub. L. 96-425.
1988 -- Subsec. (e). Pub. L. 100-494 inserted at end ''For purposes
of this subsection, the Secretary shall not consider the fuel economy of
alcohol powered automobiles or natural gas powered automobiles, and the
Secretary shall consider dual energy automobiles and natural gas dual
energy automobiles to be operated exclusively on gasoline or diesel
fuel.''
1980 -- Subsec. (b). Pub. L. 96-425, 8(c), substituted ''and such
standards shall be set'' for ''and shall be set''.
Subsec. (c). Pub. L. 96-425, 3(a)(1), designated existing provisions
as par. (1) and added par. (2).
Subsec. (d)(3)(E). Pub. L. 96-425, 8(d), substituted ''under this
subsection'' for ''under this subparagraph''.
Subsecs. (g) to (j). Pub. L. 96-425, 7, added subsec. (g) and
redesignated former subsecs. (g) to (i) as (h) to (j), respectively.
Subsec. (k). Pub. L. 96-425, 5, added subsec. (k).
Subsec. (l). Pub. L. 96-425, 6(b), added subsec. (l).
1977 -- Subsecs. (h), (i). Pub. L. 95-91 added subsecs. (h) and
(i).
Amendment by sections 3(a)(1), 5, 7, 8(c), (d) of Pub. L. 96-425
effective Oct. 10, 1980, see section 9 of Pub. L. 96-425, set out as a
note under section 2001 of this title.
Section 6(d) of Pub. L. 96-425 provided that: ''Under such
regulations as the Secretary of Transportation shall prescribe, the
amendments made by this section (amending this section and sections 2007
and 2008 of this title) shall apply to the 3 model years preceding the
model year during which this Act is enacted.''
Section 3(a)(2) of Pub. L. 96-425 provided that any application
filed for model year 1981 under section 2002(c) of this title before
Oct. 10, 1980, could be amended by the applicant to make the election
allowed under the amendment made by paragraph (1) (amending section
2002(c) of this title) and have such application apply for the model
years covered by the election, and that additional information could not
be required in connection with such application for the years covered by
such election except information which the Secretary of Transportation
specifically requested.
Section 3(a)(3) of Pub. L. 96-425 required Secretary of
Transportation to review the requirements and procedures established
pursuant to section 2002(c)(1) of this title as soon as practicable
after Oct. 10, 1980, modify such requirements and procedures to maximum
extent practicable in order to further reduce administrative burdens on
such applicants and the Secretary, expedite determinations regarding
such applications, and notify Congress of the review and actions taken
or to be taken in the first annual report to Congress which is made
under section 2012 of this title after completion of such review.
/1/ So in original. The semicolon probably should be a colon.
/2/ So in original. Probably should be subparagraph ''(D)''.
15 USC 2003. Calculation of average fuel economy
TITLE 15 -- COMMERCE AND TRADE
(a) Method of calculation
(1) Average fuel economy for purposes of section 2002(a) and (c) of
this title shall be calculated by the EPA Administrator by dividing --
(A) the total number of passenger automobiles manufactured in a given
model year by a manufacturer, by
(B) a sum of terms, each term of which is a fraction created by
dividing --
(i) the number of passenger automobiles of a given model type
manufactured by such manufacturer in such model year, by
(ii) the fuel economy measured for such model type.
(2) Average fuel economy for purposes of section 2002(b) of this
title shall be calculated in accordance with rules of the EPA
Administrator.
(3) In the event that a manufacturer manufactures electric vehicles,
as defined in section 2012(b)(2) of this title, the average fuel economy
will be calculated under subsections (a)(1) and (2) of this section to
include equivalent petroleum based fuel economy values for various
classes of electric vehicles in the following manner:
(A) The Secretary of Energy will determine equivalent petroleum based
fuel economy values for various classes of electric vehicles.
Determination of these fuel economy values will take into account the
following parameters:
(i) the approximate electrical energy efficiency of the vehicles
considering the vehicle type, mission, and weight;
(ii) the national average electricity generation and transmission
efficiencies;
(iii) the need of the Nation to conserve all forms of energy, and the
relative scarcity and value to the Nation of all fuel used to generate
electricity;
(iv) the specific driving patterns of electric vehicles as compared
with those of petroleum fueled vehicles.
(B) The Secretary of Energy will propose equivalent petroleum based
fuel economy values within four months of enactment of the Act. Final
promulgation of the values is required no later than six months after
the proposal of the values.
(C) The Secretary of Energy will review these values on an annual
basis and will propose revisions, if necessary.
(b) Automobile categories
(1) In calculating average fuel economy under subsection (a)(1) of
this section, the EPA Administrator shall separate the total number of
passenger automobiles manufactured by a manufacturer into the following
two categories:
(A) Passenger automobiles which are domestically manufactured by such
manufacturer and passenger automobiles which are included within this
category pursuant to paragraph (3) /1/ (plus, in the case of model year
1978 and model year 1979, passenger automobiles which are within the
includable base import volume of such manufacturer).
(B) Passenger automobiles which are not domestically manufactured by
such manufacturer and which are not included in the domestic category
pursuant to paragraph (3) /1/ (and which, in the case of model year 1978
and model year 1979, are not within the includable base import volume of
such manufacturer).
The EPA Administrator shall calculate the average fuel economy of
each such separate category, and each such category shall be treated as
if manufactured by a separate manufacturer for purposes of the
subchapter.
(2) For purposes of this subsection:
(A) The term ''includable base import volume'', with respect to any
manufacturer in model year 1978 or 1979, as the case may be, is a number
of passenger automobiles which is the lesser of --
(i) the manufacturer's base import volume, or
(ii) the number of passenger automobiles calculated by multiplying --
(I) the quotient obtained by dividing such manufacturer's base import
volume by such manufacturer's base production volume, times
(II) the total number of passenger automobiles manufactured by such
manufacturer during such model year.
(B) The term ''base import volume'' means one-half the sum of --
(i) the total number of passenger automobiles which were not
domestically manufactured by such manufacturer during model year 1974
and which were imported by such manufacturer during such model year,
plus
(ii) 133 percent of the total number of passenger automobiles which
were not domestically manufactured by such manufacturer during the first
9 months of model year 1975 and which were imported by such manufacturer
during such 9-month period.
(C) The term ''base production volume'' means one-half the sum of --
(i) the total number of passenger automobiles manufactured by such
manufacturer during model year 1974, plus
(ii) 133 percent of the total number of passenger automobiles
manufactured by such manufacturer during the first 9 months of model
year 1975.
(D) For purposes of subparagraphs (B) and (C) of this paragraph any
passenger automobile imported during model year 1976, but prior to July
1, 1975, shall be deemed to have been manufactured (and imported) during
the first 9 months of model year 1975.
(E) An automobile shall be considered domestically manufactured in
any model year if at least 75 percent of the cost to the manufacturer of
such automobile is attributable to value added in the United States or
Canada, unless the assembly of such automobile is completed in Canada
and such automobile is not imported into the United States prior to the
expiration of 30 days following the end of such model year. The EPA
Administrator may prescribe rules for purposes of carrying out this
subparagraph.
(F) The fuel economy of each passenger automobile which is imported
by a manufacturer in model year 1978 or any subsequent model year, as
the case may be, and which is not domestically manufactured by such
manufacturer, shall be deemed to be equal to the average fuel economy of
all such passenger automobiles.
(3)(A) After consideration of a petition (and comments thereon) for
an exemption from the provisions of paragraph (1) filed by a
manufacturer, the Secretary shall, by order, grant an exemption from
such provisions for passenger automobiles manufactured by that
manufacturer during the period provided for in such order, unless the
Secretary finds, after notice and reasonable opportunity for written or
oral comment, that the proposed exemption would, for such period, result
in reduced employment in the United States related to motor vehicle
manufacturing.
(B) Any exemption granted under subparagraph (A) shall be effective
for a period of 5 model years or, at the request of the manufacturer,
such longer period as the Secretary may provide, as specified in the
order.
(C) An exemption granted under subparagaph (A) for any manufacturer
shall not be effective unless the manufacturer --
(i) began automobile production or assembly in the United States
after December 22, 1975, and before May 1, 1980; or
(ii) began automobile production or assembly in the United States on
or after May 1, 1980, and has engaged in such production or assembly in
the United States for at least one model year ending on or before
December 31, 1985.
(D)(i) Any decision by the Secretary to grant or deny an exemption
under subpargraph (A) shall be made, and notice thereof published in the
Federal Register, not later than 90 days after the date of the petition
for that exemption. The Secretary may extend such period to a specified
date if the Secretary publishes notice thereof in the Federal Register,
together with the reasons for such extension. In no event may such
period be extended beyond the 150th day after the date of the petition
for such exemption.
(ii) The period for written or oral comment provided in subparagraph
(A) for any petition shall end not later than 60 days after the filing
of the petition, except that such period may be extended by the
Secretary for not to exceed an additional 30 days. If the Secretary
fails to make a decision pursuant to this paragraph within the period
for a decision in clause (i) --
(I) the petition shall be deemed to have been granted; and
(II) the Secretary, within 30 days after the end of such decision
period, shall submit a written statement to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives setting forth the reasons
for failing to decide within such decision period.
(E)(i) Any person adversely affected by a decision of the Secretary
denying or granting an exemption pursuant to this paragraph may, not
later than 30 days after publication of the notice of such decision,
file a petition of review of such decision in the United States Court of
Appeals for the District of Columbia. Such court shall have exclusive
jurisdiction to review such decision, in accordance with section
706(2)(A) through (D) of title 5, and to affirm, remand, or set aside
the decision of the Secretary.
(ii) The judgment of the court affirming, remanding, or setting
aside, in whole or in part, any such decision shall be final, subject to
review by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28. Application
therefor shall be made within 30 days after entry of such judgment.
(iii) Notwithstanding any other provision of law, a decision of the
Secretary on an exemption pursuant to this paragraph shall not be
subject to judicial or administrative review except as provided in this
paragraph.
(F) Notwithstanding section 2002(l) of this title, in the case of any
model year for which an exemption under this subsection is effective for
any manufacturer --
(i) no credit may be earned under section 2002(l)(1)(B) of this title
by the manufacturer; and
(ii) no credit may be made available under section 2002(l)(1)(C) of
this title for the manufacturer.
(4)(A) If a plan has been submitted by a manufacturer and approved by
the Secretary under subparagraph (B), the EPA Administrator shall for
each of the four model years covered by such plan include under
paragraph (1)(A) (and exclude under paragraph (1)(B)) with respect to
that manufacturer not more than 150,000 passenger automobiles which are
manufactured by that manufacturer but which do not qualify as
domestically manufactured if --
(i) the model type or types involved have not previously been
domestically manufactured;
(ii) at least 50 percent of the cost to the manufacturer of each such
automobile is attributable to value added in the United States or
Canada;
(iii) in the case of any such automobile the assembly of which is
completed in Canada, that automobile is imported into the United States
not later than 30 days following the end of the model year involved;
and
(iv) such automobile model type or types are domestically
manufactured before the close of the fourth model year covered by such
plan.
(B)(i) A manufacturer may submit to the Secretary for approval a
plan, including supporting material, which shall set forth the actions,
and the dates by which such actions are to be taken, which will assure
that the automobile model type or types referred to in subparagraph (A)
will be domestically manufactured before the end of the fourth model
year covered by such plan.
(ii) The Secretary shall promptly consider and act upon any plan
submitted under this subparagraph. The Secretary shall approve any such
plan unless --
(I) the Secretary finds that the plan is inadequate to meet the
requirements of this paragraph, or
(II) the manufacturer has previously submitted a plan which has been
approved by the Secretary under this paragraph.
(C) This paragraph shall only apply with respect to model years
beginning after model year 1980.
(c) ''Automobiles manufactured'' defined
Any reference in this subchapter to automobiles manufactured by a
manufacturer shall be deemed --
(1) to include all automobiles manufactured by persons who control,
are controlled by, or are under common control with, such manufacturer;
and
(2) to exclude all automobiles manufactured (within the meaning of
paragraph (1)) during a model year by such manufacturer which are
exported prior to the expiration of 30 days following the end of such
model year.
(d) Testing and calculation procedures
(1) Fuel economy for any model type shall be measured, and average
fuel economy of a manufacturer shall be calculated, in accordance with
testing and calculation procedures established by the EPA Administrator,
by rule. Procedures so established with respect to passenger
automobiles (other than for purposes of section 2006 of this title)
shall be the procedures utilized by the EPA Administrator for model year
1975 (weighed 55 percent urban cycle, and 45 percent highway cycle), or
procedures which yield comparable results. Procedures under this
subsection, to the extent practicable, shall require that fuel economy
tests be conducted in conjunction with emissions tests conducted under
section 206 of the Clean Air Act (42 U.S.C. 7525). The EPA Administrator
shall report any measurements of fuel economy and any calculations of
average fuel economy to the Secretary.
(2) The EPA Administrator shall, by rule, determine that quantity of
any other fuel which is the equivalent of one gallon of gasoline.
(3) Testing and calculation procedures applicable to a model year,
and any amendment to such procedures (other than a technical or clerical
amendment), shall be promulgated not less than 12 months prior to the
model year to which such procedures apply.
(e) Rounding off of measurements of fuel economy
For purposes of this subchapter (other than section 2006 of this
title), any measurement of fuel economy of a model type, and any
calculation of average fuel economy of a manufacturer, shall be rounded
off to the nearest one-tenth mile per gallon (in accordance with rules
of the EPA Administrator).
(f) Consultation and coordination by Administrator with Secretary
The EPA Administrator shall consult and coordinate with the Secretary
in carrying out his duties under this section.
(Pub. L. 92-513, title V, 503, as added Pub. L. 94-163, title III,
301, Dec. 22, 1975, 89 Stat. 906, and amended Pub. L. 96-185, 18, Jan.
7, 1980, 93 Stat. 1336; H. Res. 549, Mar. 25, 1980; Pub. L. 96-425,
4(a)(1), (b), (c)(2), (3), 8(e), Oct. 10, 1980, 94 Stat. 1822, 1824,
1825, 1829; Pub. L. 98-620, title IV, 402(18), Nov. 8, 1984, 98 Stat.
3358.)
Enactment of the Act, referred to in subsec. (a)(3)(B), probably
means the enactment of Pub. L. 96-185, which added subsec. (a)(3), and
which was approved January 7, 1980.
The addition of subsec. (a)(3) of this section by section 18 of Pub.
L. 96-185 was not accomplished through the conventional device of a
direct amendment of section 503 of the Motor Vehicle Information and
Cost Savings Act (this section) by section 18 of Pub. L. 96-185.
Rather, section 18 of Pub. L. 96-185 enacted a new par. (2) of section
13(c) of the Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976 (Pub. L. 94-413), and part of that newly
enacted par. (2) of section 13(c) of Pub. L. 94-413, in turn, added
subsec. (a)(3) of this section.
''This subchapter'', referred to in subsecs. (b)(1), (c), and (e),
was in the original ''this part'', meaning former part A, ''Automotive
Fuel Economy'', of this subchapter, which designation, the only part
designation appearing in the subchapter, was struck out by section 8(
a)(3) of Pub. L. 96-425.
1984 -- Subsec. (b)(3)(E)(ii) to (iv). Pub. L. 98-620 redesignated
cls. (iii) and (iv) as (ii) and (iii), respectively, and struck out
former cl. (ii) which had provided that any such proceeding had to be
assigned for a hearing and completed at the earliest possible date and
had to be expedited in every possible way by such court and that the
court had to render its decision in any such proceeding within 60 days
after the date of filing the petition for review unless the court
determined that a longer period of time was necessary to satisfy the
requirements of the Constitution.
1980 -- Subsec. (a)(3). Pub. L. 96-185 added par. (3).
Subsec. (b)(1). Pub. L. 96-425, 4(c)(2), inserted ''and passenger
automobiles which are included within this category pursuant to
paragraph (3)'' in subpar. (A) and ''and which are not included in the
domestic category pursuant to paragraph (3)'' in subpar. (B).
Subsec. (b)(2). Pub. L. 96-425, 4(c)(3), 8(e), substituted ''base
production'' for ''base base production'' in subpar. (A)(ii)(I) and ''or
any subsequent model year'' for ''or 1979'' in subpar. (F).
Subsec. (b)(3), (4). Pub. L. 96-425, 4(a)(1), (b), added pars. (3)
and (4).
Committee on Interstate and Foreign Commerce of House of
Representatives changed to Committee on Energy and Commerce immediately
prior to noon on Jan. 3, 1981, by House Resolution 549, Ninety-sixth
Congress, Mar. 25, 1980.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
Amendment by Pub. L. 96-425 effective Oct. 10, 1980, see section 9
of Pub. L. 96-425, set out as a note under section 2001 of this title.
/1/ So in original. Probably should be paragraph ''(4)''.
15 USC 2004. Judicial review
TITLE 15 -- COMMERCE AND TRADE
(a) Review of rules in courts of appeals
Any person who may be adversely affected by any rule prescribed under
section 2001, 2002, 2003, or 2006 of this title may, at any time prior
to 60 days after such rule is prescribed (or in the case of an amendment
submitted to each House of the Congress under section 2002( a)(4) of
this title, at any time prior to 60 days after the expiration of the
60-day period specified in section 2002(a)(5) of this title), file a
petition in the United States Court of Appeals for the District of
Columbia, or for any circuit wherein such person resides or has his
principal place of business, for judicial review of such rule. A copy
of the petition shall be forthwith transmitted by the clerk of such
court to the officer who prescribed the rule. Such officer shall
thereupon cause to be filed in such court the written submissions and
other materials in the proceeding upon which such rule was based. Upon
the filing of such petition, the court shall have jurisdiction to review
the rule in accordance with chapter 7 of title 5 and to grant
appropriate relief as provided in such chapter. Findings of the
Secretary under section 2002(d) of this title shall be set aside by the
court on review unless such findings are supported by substantial
evidence.
(b) Additional submissions
If the petitioner applies to the court in a proceeding under
subsection (a) of this section for leave to make additional submissions,
and shows to the satisfaction of the court that such additional
submissions are material and that there were reasonable grounds for the
failure to make such submissions in the administrative proceeding, the
court may order the Secretary or the EPA Administrator, as the case may
be to provide additional opportunity to make such submissions. The
Secretary or the EPA Administrator, as the case may be, may modify or
set aside the rule involved or prescribe a new rule by reason of the
additional submissions, and shall file any such modified or new rule in
the court, together with such additional submissions. The court shall
thereafter review such new or modified rule.
(c) Finality of determination; review by United States Supreme Court
The judgment of the court affirming or setting aside, in whole or in
part, any such rule shall be final, subject to review by the Supreme
Court of the United States upon certiorari or certification as provided
in section 1254 of title 28.
(d) Remedy in addition to other remedies provided by law
The remedies provided for in this section shall be in addition to,
and not in lieu of, any other remedies provided by law.
(Pub. L. 92-513, title V, 504, as added Pub. L. 94-163, title III,
301, Dec. 22, 1975, 89 Stat. 908.)
15 USC 2005. Information and reports
TITLE 15 -- COMMERCE AND TRADE
(a) Reports by manufacturers; time; contents
(1) Each manufacturer shall submit a report to the Secretary during
the 30-day period preceding the beginning of each model year after model
year 1977, and during the 30-day period beginning on the 180th day of
each such model year. Each such report shall contain (A) a statement as
to whether such manufacturer will comply with average fuel economy
standards under section 2002 of this title applicable to the model year
for which such report is made; (B) a plan which describes the steps the
manufacturer has taken or intends to take in order to comply with such
standards; and (C) such other information as the Secretary may require.
(2) Whenever a manufacturer determines that a plan submitted under
paragraph (1) which he stated was sufficient to insure compliance with
applicable average fuel economy standards is not sufficient to insure
such compliance, he shall submit a report to the Secretary containing a
revised plan which specifies any additional measures which such
manufacturer intends to take in order to comply with such standards, and
a statement as to whether such revised plan is sufficient to insure such
compliance.
(3) The Secretary shall prescribe rules setting forth the form and
content of the reports required under paragraphs (1) and (2).
(4) The provisions of this subsection shall not apply to any
manufacturer for any model year for which that manufacturer is subject
to an alternative average fuel economy standard under section 2002(c) of
this title.
(b) Hearings; evidence
(1) For the purpose of carrying out the provisions of this
subchapter, the Secretary or the EPA Administrator, or their duly
designated agents, may hold such hearings, take such testimony, sit and
act at such times and places, administer such oaths, and require, by
subpena, the attendance and testimony of such witnesses and the
production of such books, papers, correspondence, memorandums,
contracts, agreements, or other records as the Secretary, the EPA
Administrator, or such agents deem advisable. The Secretary or the EPA
Administrator may require, by general or special orders that any person
--
(A) file, in such form as the Secretary or EPA Administrator may
prescribe, reports or answers in writing to specific questions relating
to any function of the Secretary or the EPA Administrator under this
subchapter, and
(B) provide the Secretary, the EPA Administrator, or their duly
designated agents, access to (and for the purpose of examination, the
right to copy) any documentary evidence of such person which is relevant
to any function of the Secretary or the EPA Administrator under this
subchapter.
Such reports and answers shall be made under oath or otherwise, and
shall be filed with the Secretary or the EPA Administrator within such
reasonable period as either may prescribe.
(2) The district courts of the United States for a judicial district
in the jurisdiction of which an inquiry is carried on may, in the case
of contumacy or refusal to obey a duly authorized subpena or order of
the Secretary, the EPA Administrator, or a duly designated agent of
either, issued under paragraph (1), issue an order requiring compliance
with such subpena or order. Any failure to obey such an order of the
court may be treated by such court as a contempt thereof.
(3) Witnesses summoned pursuant to this subsection shall be paid the
same fees and mileage that are paid witnesses in the courts of the
United States.
(c) Tests, reports, etc., which may be required of manufacturers
(1) Every manufacturer shall establish and maintain such records,
make such reports, conduct such tests, and provide such items and
information as the Secretary or the EPA Administrator may, by rule,
reasonably require to enable the Secretary or the EPA Administrator to
carry out their duties under this subchapter and under any rules
prescribed pursuant to this subchapter. Such manufacturer shall, upon
request of a duly designated agent of the Secretary or the EPA
Administrator who presents appropriate credentials, permit such agent,
at reasonable times and in a reasonable manner, to enter the premises of
such manufacturer to inspect automobiles and appropriate books, papers,
records, and documents. Such manufacturer shall make available all of
such items and information in accordance with such reasonable rules as
the Secretary or the EPA Administrator may prescribe.
(2) The district courts of the United States may, if a manufacturer
refuses to accede to any rule or reasonable request made under paragraph
(1), issue an order requiring compliance with such requirement or
request. Any failure to obey such an order of the court may be treated
by such court as a contempt thereof.
(d) Disclosure of information to public
(1) The Secretary and the EPA Administrator shall each disclose any
information obtained under this subchapter (other than section 2003(d)
of this title) to the public in accordance with section 552 of title 5,
except that information may be withheld from disclosure under subsection
(b)(4) of such section only if the Secretary or the EPA Administrator,
as the case may be, determines that such information, if disclosed,
would result in significant competitive damage. Any matter described in
section 552(b)(4) (of title 5) relevant to any administrative or
judicial proceeding under this subchapter may be disclosed in such
proceeding.
(2) Measurements and calculations under section 2003(d) of this title
shall be made available to the public in accordance with section 552 of
title 5 without regard to subsection (b) of such section.
(Pub. L. 92-513, title V, 505, as added Pub. L. 94-163, title III,
301, Dec. 22, 1975, 89 Stat. 908, and amended Pub. L. 96-425, 3(b), Oct.
10, 1980, 94 Stat. 1822.)
''This subchapter'', referred to in subsecs. (b)(1), (c)(1), and
(d)(1), was in the original, ''this part'', meaning former part A,
''Automotive Fuel Economy'', of this subchapter, which designation, the
only part designation appearing in the subchapter, was struck out by
section 8(a)(3) of Pub. L. 96-425.
1980 -- Subsec. (a)(4). Pub. L. 96-425 added par. (4).
Amendment by Pub. L. 96-425 effective Oct. 10, 1980, see section 9
of Pub. L. 96-425, set out as a note under section 2001 of this title.
15 USC 2006. Labeling
TITLE 15 -- COMMERCE AND TRADE
(a) Label required on automobile; contents
(1) Except as otherwise provided in paragraph (2), each manufacturer
shall cause to be affixed, and each dealer shall cause to be maintained,
on each automobile manufactured in any model year after model year 1976,
in a prominent place, a label --
(A) indicating --
(i) the fuel economy of such automobile,
(ii) the estimated annual fuel cost associated with the operation of
such automobile, and
(iii) the range of fuel economy of comparable automobiles (whether or
not manufactured by such manufacturer),
as determined in accordance with rules of the EPA Administrator,
(B) containing a statement that written information (as described in
subsection (b)(1) of this section) with respect to the fuel economy of
other automobiles manufactured in such model year (whether or not
manufactured by such manufacturer) is available from the dealer in order
to facilitate comparison among the various model types,
(C) containing in the case of any automobile, the sale of which is
subject to any Federal tax imposed with respect to automobile fuel
efficiency, a statement indicating the amount of such tax, and
(D) containing any other information authorized or required by the
EPA Administrator which relates to information described in subparagraph
(A) or (B).
(2) With respect to automobiles --
(A) for which procedures established in the EPA and FEA Voluntary
Fuel Labeling Program for Automobiles exist on December 22, 1975, and
(B) which are manufactured in model year 1976 and at least 90 days
after December 22, 1975,
each manufacturer shall cause to be affixed, and each dealer shall
cause to be maintained, in a prominent place, a label indicating the
fuel economy of such automobile, in accordance with such procedures.
(3) The form and content of the labels required under paragraphs (1)
and (2), and the manner in which such labels shall be affixed, shall be
prescribed by the EPA Administrator by rule. The time and manner by
which the statement referred to in paragraph (1)(C) must be included on
any label may be prescribed so as to take into account any special
circumstances or characteristics. The EPA Administrator may permit a
manufacturer to comply with this paragraph by permitting such
manufacturer to disclose the information required under this subsection
on the label required by section 3 of the Automobile Information
Disclosure Act (15 U.S.C. 1232).
(4)(A) In the case of alcohol powered automobiles or natural gas
powered automobiles, the fuel economy of such automobiles for purposes
of paragraph (1)(A)(i) shall be the fuel economy for such automobiles
when operated on alcohol or natural gas, as the case may be, measured
under section 2013(a) or (c) of this title, multiplied by 0.15.
(B) In the case of dual energy automobiles or natural gas dual energy
automobiles, each label required under paragraph (1) shall --
(i) indicate the fuel economy of such automobile when operated on
gasoline or diesel fuel;
(ii) clearly identify such automobile as a dual energy automobile or
natural gas dual energy automobile, as the case may be;
(iii) clearly identify the fuels on which such automobile may be
operated; and
(iv) contain a statement informing the consumer that the additional
information required by subsection (b)(3) of this section is published
and distributed by the Department of Energy.
(b) Booklet containing fuel economy data; distribution by
administrator
(1) The EPA Administrator shall compile and prepare a simple and
readily understandable booklet containing data on fuel economy of
automobiles manufactured in each model year. Such booklet shall also
contain information with respect to estimated annual fuel costs, and may
contain information with respect to geographical or other differences in
estimated annual fuel costs. The Administrator of the Federal Energy
Administration shall publish and distribute such booklets.
(2) The EPA Administrator, not later than July 31, 1976, shall
prescribe rules requiring dealers to make available to prospective
purchasers information compiled by the EPA Administrator under paragraph
(1).
(3)(A) In the case of dual energy automobiles and natural gas dual
energy automobiles, additional information shall be contained in the
booklet published under paragraph (1) indicating --
(i) the energy efficiency and cost of operation of such automobiles
when operated on gasoline or diesel fuel as compared to such automobiles
when operated on alcohol or natural gas, as the case may be; and
(ii) the driving range of such automobiles when operated on gasoline
or diesel fuel as compared to such automobiles when operated on alcohol
or natural gas, as the case may be.
(B) In the case of dual energy automobiles, the booklet published
under paragraph (1) shall also contain --
(i) information regarding the miles per gallon achieved by such
automobiles when operated on alcohol; and
(ii) a statement of explanation of how the information made available
pursuant to this paragraph can be expected to change when such
automobile is operated on mixtures of alcohol and gasoline or diesel
fuel.
(c) Violations
(1) A violation of subsection (a) of this section shall be treated as
a violation of section 3 of the Automobile Information Disclosure Act
(15 U.S.C. 1232). For purposes of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) (other than sections 5(m) and (18) /1/ (15 U.S. C.
45(m) and 57a), a violation of subsection (a) of this section shall be
treated as an unfair or deceptive act or practice in or affecting
commerce.
(2) As used in this section, the term ''dealer'' has the same meaning
as such term has in section 2(e) of the Automobile Information
Disclosure Act (15 U.S.C. 1231(e)) except that in applying such term to
this section, the term ''automobile'' has the same meaning as such term
has in section 2001(1) of this title (taking into account paragraph (3)
of this subsection).
(3) As used in this section, the term ''automobile'' includes any
automobile with a gross vehicle weight rating of 8,500 pounds or less,
notwithstanding any lack of determination required of the Secretary
under section 2001(1)(B)(ii) or (iii) of this title.
(d) Creation of warranties
Any disclosure with respect to fuel economy or estimated annual fuel
cost which is required to be made under the provisions of this section
shall not create an express or implied warranty under State or Federal
law that such fuel economy will be achieved, or that such cost will not
be exceeded, under conditions of actual use.
(e) Consultation by Administrator with other agency personnel
In carrying out his duties under this section, the EPA Administrator
shall consult with the Federal Trade Commission, the Secretary, and the
Federal Energy Administrator.
(Pub. L. 92-513, title V, 506, as added Pub. L. 94-163, title III,
301, Dec. 22, 1975, 89 Stat. 910, and amended Pub. L. 95-619, title IV,
401(a), 403(a), (b), Nov. 9, 1978, 92 Stat. 3254, 3256, 3257; Pub. L.
100-494, 8(a), Oct. 14, 1988, 102 Stat. 2452.)
The Federal Trade Commission Act, referred to in subsec. (c)(1), is
act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
classified generally to subchapter I ( 41 et seq.) of chapter 2 of this
title. For complete classification of this Act to the Code, see section
58 of this title and Tables.
1988 -- Subsec. (a)(4). Pub. L. 100-494, 8(a)(1), added par. (4).
Subsec. (b)(3). Pub. L. 100-494, 8(a)(2), added par. (3).
1978 -- Subsec. (a)(1)(C), (D). Pub. L. 95-619, 403(a), added
subpar. (C) and redesignated former subpar. (C) as (D).
Subsec. (a)(3). Pub. L. 95-619, 403(b), provided that the time and
manner by which the tax statement required by par. (1)(C) was to be
included on any label could be prescribed so as to take into account any
special circumstances or characteristics.
Subsec. (c)(2). Pub. L. 95-619, 401(a)(2), authorized taking into
account provisions of par. (3) when defining ''automobile'' as used in
this section.
Subsec. (c)(3). Pub. L. 95-619, 401(a)(1), added par. (3).
Section 8(b) of Pub. L. 100-494 provided that: ''The amendments
made by subsection (a) (amending this section) shall not apply with
respect to any model year, as such term is defined in section 501(12) of
the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2001(
12)), before model year 1993.''
Section 401(c) of Pub. L. 95-619 provided that: ''The amendment
made by subsection (a) (amending this section) shall be effective for
automobiles manufactured in model years after model year 1979.''
Section 403(c) of Pub. L. 95-619 provided that: ''The amendments
made by this section (amending this section) shall not take effect
unless and until there is in effect a Federal tax imposed with respect
to automobile fuel efficiency which is enacted during the Ninety-fifth
Congress.''
Federal Energy Administration terminated and functions vested by law
in Administrator thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and 7293 of Title
42, The Public Health and Welfare.
Section 401(b) of Pub. L. 95-619 provided that: ''The amendment
made by this section (amending this section) shall not be construed to
affect the authority in section 506 of the Motor Vehicle Information and
Cost Savings Act (this section) to require labels or other information
for fuel economy for automobiles rated in excess of 8,500 pounds gross
vehicle weight.''
Congress
Section 404 of Pub. L. 95-619 directed Environmental Protection
Agency, within six months after Nov. 9, 1978, to submit to Congress a
detailed report on degree to which fuel economy estimates required to be
used in new car fuel economy labeling and in annual fuel economy mileage
guide required under this section provide a realistic estimate of
average fuel economy likely to be achieved by driving public.
/1/ So in original. Probably should be ''18)''.
15 USC 2007. Unlawful conduct
TITLE 15 -- COMMERCE AND TRADE
(a) Designation
Subject to subsection (b) of this section, the following conduct is
unlawful:
(1) the failure of any manufacturer to comply with any average fuel
economy standard applicable to such manufacturer under section 2002 of
this title (other than section 2002(b) of this title),
(2) the failure of any manufacturer to comply with any average fuel
economy standard applicable to such manufacturer under section 2002(b)
of this title, or
(3) the failure of any person (A) to comply with any provision of
this subchapter applicable to such person (other than section 2002,
2006(a), 2010, or 2011 of this title), or (B) to comply with any
standard, rule, or order applicable to such person which is issued
pursuant to such a provision.
(b) Exception
A manufacturer shall not be considered to have engaged in unlawful
conduct, or to have failed to comply with any fuel economy standard
applicable to such manufacturer under section 2002 of this title, if the
average fuel economy of such manufacturer, after taking into account the
credits then available to the manufacturer under section 2002(l) of this
title, would result in the applicable standard being met or exceeded.
(Pub. L. 92-513, title V, 507, as added Pub. L. 94-163, title III,
301, Dec. 22, 1975, 89 Stat. 911, and amended Pub. L. 96-425, 6(a), Oct.
10, 1980, 94 Stat. 1826.)
''This subchapter'', referred to in subsec. (a)(3), was in the
original ''this part'', meaning former part A, ''Automotive Fuel
Economy'', of this subchapter, which designation, the only part
designation appearing in the subchapter, was struck out by section 8(
a)(3) of Pub. L. 96-425.
1980 -- Pub. L. 96-425 designated existing provisions as subsec.
(a), substituted ''Subject to subsection (b) of this section, the'' for
''The'', and added subsec. (b).
Amendment by Pub. L. 96-425 applicable to three model years
preceding model year of enactment, under regulations prescribed by the
Secretary of Transportation, see section 6(d) of Pub. L. 96-425, set
out as a note under section 2002 of this title.
15 USC 2008. Civil penalty
TITLE 15 -- COMMERCE AND TRADE
(a) Penalty for violations; credit against penalty
(1) If average fuel economy calculations reported under section
2003(d) of this title indicate that any manufacturer has violated
section 2007(a)(1) or (2) of this title, then (unless further
measurements of fuel economy, further calculations of average fuel
economy, or other information indicates there is no violation of section
2007(a)(1) or (2) of this title) the Secretary shall commence a
proceeding under paragraph (2) of this subsection. The results of such
further measurements, further calculations, and any such other
information, shall be published in the Federal Register.
(2) If, on the record after opportunity for agency hearing, the
Secretary determines that such manufacturer has violated section 2007(
a)(1) or (2) of this title, or that any person has violated section
2007(a)(3) of this title, the Secretary shall assess the penalties
provided for under subsection (b) of this section. Any interested
person may participate in any proceeding under this paragraph.
(b) Amount of penalty; compromise or modification
(1)(A) Any manufacturer whom the Secretary determines under
subsection (a) of this section to have violated a provision of section
2007(a)(1) of this title with respect to any model year, shall be liable
to the United States for a civil penalty equal to the amount obtained by
multiplying $5 by (i) the number of tenths of a mile per gallon by which
the average fuel economy of the passenger automobiles manufactured by
such manufacturer during such model year is exceeded by the applicable
average fuel economy standard established under section 2002(a) and (c)
of this title, multiplied by the number of passenger automobiles
manufactured by such manufacturer during such model year, reduced by
(ii) the credits then available under section 2002(l) of this title for
such model year.
(B) Any manufacturer whom the Secretary determines under subsection
(a) of this section to have violated section 2007(a)(2) of this title
shall be liable to the United States for a civil penalty equal to the
amount obtained by multiplying $5 by (i) the number of tenths of a mile
per gallon by which the applicable average fuel economy standard exceeds
the average fuel economy of automobiles to which such standard applies,
and which are manufactured by such manufacturer during the model year in
which the violation occurs, multiplied by the number of automobiles to
which such standard applies and which are manufactured by such
manufacturer during such model year, reduced by (ii) the credits then
available under section 2002(l) of this title for such model year.
(2) Any person whom the Secretary determines under subsection (a) of
this section to have violated a provision of section 2007(a)(3) of this
title shall be liable to the United States for a civil penalty of not
more than $10,000 for each violation. Each day of a continuing
violation shall constitute a separate violation for purposes of this
paragraph.
(3) The amount of such civil penalty shall be assessed by the
Secretary by written notice. The Secretary shall have the discretion to
compromise, modify, or remit, with or without conditions, any civil
penalty assessed under this subsection against any person, except that
any civil penalty assessed for a violation of section 2007(a)(1) or (2)
of this title may be so compromised, modified, or remitted only to the
extent --
(A) necessary to prevent the insolvency or bankruptcy of such
manufacturer,
(B) such manufacturer shows that the violation of section 2007(a)(1)
or (2) of this title resulted from an act of God, a strike, or a fire,
or
(C) the Federal Trade Commission has certified that modification of
such penalty is necessary to prevent a substantial lessening of
competition, as determined under paragraph (4).
The Attorney General shall collect any civil penalty for which a
manufacturer is liable under this subsection in a civil action under
subsection (c)(2) of this section (unless the manufacturer pays such
penalty to the Secretary).
(4) Not later than 30 days after a determination by the Secretary
under subsection (a)(2) of this section that a manufacturer has violated
section 2007(a)(1) or (2) of this title, such manufacturer may apply to
the Federal Trade Commission for a certification under this paragraph.
If the manufacturer shows and the Federal Trade Commission determines
that modification of the civil penalty for which such manufacturer is
otherwise liable is necessary to prevent a substantial lessening of
competition in that segment of the automobile industry subject to the
standard with respect to which such penalty was assessed, the Commission
shall so certify. The certification shall specify the maximum amount
that such penalty may be reduced. To the maximum extent practicable,
the Commission shall render a decision with respect to an application
under this paragraph not later than 90 days after the application is
filed with the Commission. A proceeding under this paragraph shall not
have the effect of delaying the manufacturer's liability under this
section for a civil penalty for more than 90 days after such application
is filed, but any payment made before a decision of the Commission under
this paragraph becomes final shall be paid to the court in which the
penalty is collected, and shall (except as otherwise provided in
paragraph (5)), be held by such court, until 90 days after such decision
becomes final (at which time it shall be paid into the general fund of
the Treasury).
(5) Whenever a civil penalty has been assessed and collected from a
manufacturer under this section, and is being held by a court in
accordance with paragraph (4), and the Secretary subsequently determines
to modify such civil penalty pursuant to paragraph (3)(C) the Secretary
shall direct the court to remit the appropriate amount of such penalty
to such manufacturer.
(6) A claim of the United States for a civil penalty assessed against
a manufacturer under subsection (b)(1) of this section shall, in the
case of the bankruptcy or insolvency of such manufacturer, be
subordinate to any claim of a creditor of such manufacturer which arises
from an extension of credit before the date on which the judgment in any
collection action under this section becomes final (without regard to
paragraph (4)).
(c) Review of penalty by interested person
(1) Any interested person may obtain review of a determination (A) of
the Secretary pursuant to which a civil penalty has been assessed under
subsection (b) of this section, or (B) of the Federal Trade Commission
under subsection (b)(4) of this section, in the United States Court of
Appeals for the District of Columbia, or for any circuit wherein such
person resides or has his principal place of business. Such review may
be obtained by filing a notice of appeal in such court within 30 days
after the date of such determination, and by simultaneously sending a
copy of such notice by certified mail to the Secretary or the Federal
Trade Commission, as the case may be. The Secretary or the Commission,
as the case may be, shall promptly file in such court a certified copy
of the record upon which such determination was made. Any such
determination shall be reviewed in accordance with chapter 7 of title 5.
(2) If any person fails to pay an assessment of a civil penalty after
it has become a final and unappealable order, or after the appropriate
court of appeals has entered final judgment in favor of the Secretary,
the Attorney General shall recover the amount for which the manufacturer
is liable in any appropriate district court of the United States. In
such action, the validity and appropriateness of the final order
imposing the civil penalty shall not be subject to review.
(d) Prescription of additional amount by rule
(1)(A) The Secretary shall, by rule in accordance with the provisions
of this subsection and subsection (e) of this section, substitute a
higher amount for the amount per tenth of a mile per gallon which would
be used to calculate the civil penalty under subsection (b)(1) of this
section in the absence of such rule, if the Secretary finds that --
(i) the additional amount of the civil penalty which may be imposed
under such rule will result in, or substantially further, substantial
energy conservation for automobiles in future model years for which such
higher penalty may be imposed; and
(ii) subject to subparagraph (B), such additional amount of civil
penalty will not result in substantial deleterious impacts on the
economy of the United States or of any State or region of any State.
(B) Any findings under subparagraph (A)(ii) may be made only if the
Secretary finds that it is likely that --
(i) such additional amount of civil penalty will not cause a
significant increase in unemployment in any State or region thereof;
(ii) such additional amount will not adversely affect competition;
and
(iii) such additional amount will not cause a significant increase in
automobile imports.
(2) Any rule under paragraph (1) may not provide that the amount per
tenth of a mile per gallon used to calculate the civil penalty under
subsection (b)(1) of this section be less than $5.00 or more than
$10.00.
(3) Any rule prescribed under paragraph (1) shall be effective for
the later of --
(A) automobile model years beginning after model year 1981, or
(B) automobile model years beginning at least 18 months after such
rule becomes final.
(e) Publication of proposed rule; hearing; evidence; publication
of final rule; judicial review
(1)(A) After the Secretary of Transportation develops a proposed rule
pursuant to subsection (d) of this section, he shall publish such
proposed rule in the Federal Register, together with a statement of the
basis for such rule, and provide copies thereof to the manufacturers.
He shall then provide a period of public comment on such rule of at
least 45 days for written comments thereon. A copy of any such proposed
rule shall be transmitted by the Secretary to the Federal Trade
Commission and the Secretary shall request such Commission to comment
thereon within the period provided to the public concerning such
proposed rule.
(B) After such written comment period, any interested person,
(including the Federal Trade Commission) shall be afforded an
opportunity to present oral data, views, and arguments at a public
hearing concerning such proposal. At such hearing such interested
person (including the Federal Trade Commission) shall have an
opportunity to question --
(i) other interested persons who make oral presentations,
(ii) employees and contractors of the United States who have made
written or oral presentations or who have participated in the
development of the proposed rule or in the consideration thereof, and
(iii) experts and consultants who have provided information to any
person who makes an oral presentation and which is contained in or
referred to in such presentation;
with respect to disputed issues of material fact, except that the
Secretary may restrict questioning if he determines that such
questioning is duplicative or is not likely to result in a timely and
effective resolution of such issues. Any oral or documentary evidence
may be received, but the Secretary as a matter of policy shall provide
for the exclusion of irrelevant, immaterial, or unduly repetitious
evidence.
(C) A rule subject to this subsection may not be issued except on
consideration of the whole record supported by, and in accordance with,
the reliable, probative, and substantial evidence.
(D) A transcript shall be kept of any such public hearing made in
accordance with this section and such transcripts and written comments
shall be available to the public at the cost of reproduction.
(2) If any final rule is prescribed by the Secretary after such
public comment period under subsection (d) of this section it shall be
published in the Federal Register, together with each of the findings
required by subsection (d) of this section.
(3)(A) Any person aggrieved by any final rule under subsection (d) of
this section may at any time before the 60th day after the date such
rule is published under paragraph (2) file a petition with the United
States Court of Appeals for the circuit wherein such person resides, or
has his principal place of business, for judicial review thereof. A
copy of the petition shall be forthwith transmitted by the clerk of the
court to the Secretary. The Secretary thereupon shall file in the court
the written submissions to, and transcript of, the written and oral
proceedings on which the rule was based, as provided in section 2112 of
title 28.
(B) Upon the filing of the petition referred to in paragraph (1), the
court shall have jurisdiction to review the rule in accordance with
chapter 7 of title 5 and to grant appropriate relief as provided in such
chapter. No rule may be affirmed unless supported by substantial
evidence.
(C) The judgment of the court affirming or setting aside, in whole or
in part, any such rule be final, subject to review by the Supreme Court
of the United States upon certiorari or certification as provided in
section 1254 of title 28.
(4) In the case of any information which is provided the Secretary or
the court during the consideration and review of any such rule and which
is determined to be confidential by the Secretary pursuant to the
provision of section 796(d) of this title, any disclosure of such
information by an officer or employee of the United States or of any
department or agency thereof, except in an in camera proceeding by the
Secretary or the court, shall be deemed a violation of section 1905 of
title 18.
(Pub. L. 92-513, title V, 508, as added Pub. L. 94-163, title III,
301, Dec. 22, 1975, 89 Stat. 911, and amended Pub. L. 95-619, title IV,
402, Nov. 9, 1978, 92 Stat. 3255; Pub. L. 96-425, 6(c), 8(f), Oct. 10,
1980, 94 Stat. 1827, 1829.)
1980 -- Subsec. (a)(1). Pub. L. 96-425, 6(c)(1), substituted
''section 2007(a)(1) or (2)'' for ''section 2007(1) or (2)'' in two
places.
Subsec. (a)(2). Pub. L. 96-425, 6(c)(1), substituted ''section 2007
(a)(1) or (2)'' for ''section 2007(1) or (2)'' and ''section 2007(a)(
3)'' for ''section 2007(3)''.
Subsec. (a)(3). Pub. L. 96-425, 6(c)(2), struck out par. (3) which
related to passenger automobile fuel economy credits for eligible
manufacturers.
Subsec. (b)(1)(A). Pub. L. 96-425, 6(c)(1), (3), 8(f), substituted
''section 2007(a)(1) of this title'' for ''section 2007(1) of this
title'', inserted ''with respect to any model year'', substituted ''the
amount obtained by multiplying $5 by (i) the number of tenths'' for
''(i) $5 for each tenth'', substituted ''multiplied by the number'' for
''multiplied by (ii) the total number'', and inserted '', reduced by
(ii) the credits then available under section 2002(l) of this title for
such model year''.
Subsec. (b)(1)(B). Pub. L. 96-425, 6(c)(1), (3), substituted
''section 2007(a)(2) of this title'' for ''section 2007(2) of this
title'', ''the amount obtained by multiplying $5 by (i) the number of
tenths'' for ''(i) $5 for each tenth'', and ''multiplied by the number''
for ''multiplied by (ii) the total number'', and inserted '', reduced by
(ii) the credits then available under section 2002(l) of this title for
such model year''.
Subsec. (b)(2). Pub. L. 96-425, 6(c)(1), substituted ''section 2007(
a)(3)'' for ''section 2007(3)''.
Subsec. (b)(3), (4). Pub. L. 96-425, 6(c)(1), substituted ''section
2007(a)(1) or (2)'' for ''section 2007(1) or (2)'' wherever appearing.
Subsec. (d)(4). Pub. L. 96-425, 6(c)(4), struck out par. (4) which
required that rules prescribed under subsec. (d)(1) of this section
provide that the amount per tenth of a mile per gallon used to calculate
a credit under subsec. (a)(3) of this section for any model year be
equal to the amount per tenth of a mile per gallon applicable to the
calculation of the civil penalty for which the credit was allowed.
1978 -- Subsecs. (d), (e). Pub. L. 95-619 added subsecs. (d) and
(e).
Amendment by section 6(c) of Pub. L. 96-425 applicable to three
model years preceding model year of enactment, under regulations
prescribed by the Secretary of Transportation, see section 6(d) of Pub.
L. 96-425, set out as a note under section 2002 of this title.
Amendment of subsec. (b)(1)(A) of this section by inserting ''with
respect to any model year'' by section 8(f) of Pub. L. 96-425 effective
Oct. 10, 1980, see section 9 of Pub. L. 96-425, set out as a note
under section 2001 of this title.
15 USC 2009. State laws
TITLE 15 -- COMMERCE AND TRADE
(a) Fuel economy standards
Whenever an average fuel economy standard established under this
subchapter is in effect, no State or political subdivision of a State
shall have authority to adopt or enforce any law or regulation relating
to fuel economy standards or average fuel economy standards applicable
to automobiles covered by such Federal standard.
(b) Fuel economy disclosures
Whenever any requirement under section 2006 of this title is in
effect with respect to any automobile, no State or political subdivision
of a State shall have authority to adopt or enforce any law or
regulation with respect to the disclosure of fuel economy of such
automobile, or of fuel cost associated with the operation of such
automobile, if such law or regulation is not identical with such
requirement.
(c) State or political subdivision automobiles
Nothing in this section shall be construed to prevent any State or
political subdivision thereof from establishing requirements with
respect to fuel economy of automobiles procured for its own use.
(Pub. L. 92-513, title V, 509, as added Pub. L. 94-163, title III,
301, Dec. 22, 1975, 89 Stat. 914.)
''This subchapter'', referred to in subsec. (a), was in the original
''this part'', meaning former part A, ''Automotive Fuel Economy'', of
this subchapter, which designation, the only part designation appearing
in the subchapter, was struck out by section 8( a)(3) of Pub. L.
96-425, Oct. 10, 1980, 94 Stat. 1828.
15 USC 2010. Use of fuel efficient passenger automobiles by Federal
Government
TITLE 15 -- COMMERCE AND TRADE
(a) Rules
The President shall, within 120 days after December 22, 1975,
promulgate rules which shall require that all passenger automobiles
acquired by all executive agencies in each fiscal year which begins
after December 22, 1975, achieve a fleet average fuel economy for such
year not less than --
(1) 18 miles per gallon, or
(2) the average fuel economy standard applicable under section 2002(
a) of this title for the model year which includes January 1 of such
fiscal year,
whichever is greater.
(b) Definitions
As used in this section:
(1) The term ''fleet average fuel economy'' means (A) the total
number of passenger automobiles acquired in a fiscal year to which this
section applies by all executive agencies (excluding passenger
automobiles designed to perform combat related missions for the Armed
Forces or designed to be used in law enforcement work or emergency
rescue work), divided by (B) a sum of terms, each term of which is a
fraction created by dividing --
(i) the number of passenger automobiles so acquired of a given model
type, by
(ii) the fuel economy of such model type.
(2) The term ''executive agency'' has the same meaning as such term
has for purposes of section 105 of title 5.
(3) The term ''acquired'' means leased for a period of 60 continuous
days or more, or purchased.
(Pub. L. 92-513, title V, 510, as added Pub. L. 94-163, title III,
301, Dec. 22, 1975, 89 Stat. 915.)
Functions of President under this section delegated to Administrator
of General Services, see section 1(a) of Ex. Ord. No. 11912, Apr. 13,
1976, 41 F.R. 15825, set out as a note under section 6201 of Title 42,
The Public Health and Welfare.
15 USC 2011. Retrofit devices
TITLE 15 -- COMMERCE AND TRADE
(a) Examination of fuel economy representations
The Federal Trade Commission shall establish a program for
systematically examining fuel economy representations made with respect
to retrofit devices. Whenever the Commission has reason to believe that
any such representation may be inaccurate, it shall request the EPA
Administrator to evaluate, in accordance with subsection (b) of this
section, the retrofit device with respect to which such representation
was made.
(b) Evaluation of retrofit devices
(1) Upon application of any manufacturer of a retrofit device (or
prototype thereof), upon the request of the Federal Trade Commission
pursuant to subsection (a) of this section, or upon his own motion, the
EPA Administrator shall evaluate, in accordance with rules prescribed
under subsection (d) of this section, any retrofit device to determine
whether the retrofit device increases fuel economy and to determine
whether the representations (if any) made with respect to such retrofit
device are accurate.
(2) If under paragraph (1) the EPA Administrator tests, or causes to
be tested, any retrofit device upon the application of a manufacturer of
such device, such manufacturer shall supply, at his own expense, one or
more samples of such device to the Administrator and shall be liable for
the costs of testing which are incurred by the Administrator. The
procedures for testing retrofit devices so supplied may include a
requirement for preliminary testing by a qualified independent testing
laboratory, at the expense of the manufacturer of such device.
(c) Results of tests; publication in Federal Register
The EPA Administrator shall publish in the Federal Register a summary
of the results of all tests conducted under this section, together with
the EPA Administrator's conclusions as to --
(1) the effect of any retrofit device on fuel economy;
(2) the effect of any such device on emissions of air pollutants;
and
(3) any other information which the Administrator determines to be
relevant in evaluating such device.
Such summary and conclusions shall also be submitted to the Secretary
and the Federal Trade Commission.
(d) Rules establishing tests and procedures for evaluation of
retrofit devices
Within 180 days after December 22, 1975, the EPA Administrator shall,
by rule, establish --
(1) testing and other procedures for evaluating the extent to which
retrofit devices affect fuel economy and emissions of air pollutants,
and
(2) criteria for evaluating the accuracy of fuel economy
representations made with respect to retrofit devices.
(e) Definitions
For purposes of this section the term ''retrofit device'' means any
component, equipment, or other device --
(1) which is designed to be installed in or on an automobile (as an
addition to, as a replacement for, or through alteration or modification
of, any original component, equipment, or other device); and
(2) which any manufacturer, dealer, or distributor of such device
represents will provide higher fuel economy than would have resulted
with the automobile as originally equipped,
as determined under rules of the Administrator. Such term also
includes a fuel additive for use in an automobile.
(Pub. L. 92-513, title V, 511, as added Pub. L. 94-163, title III,
301, Dec. 22, 1975, 89 Stat. 915.)
15 USC 2012. Reports to Congress
TITLE 15 -- COMMERCE AND TRADE
(a) Fuel flow instrument requirement
Within 180 days after December 22, 1975, the Secretary shall prepare
and submit to the Congress and the President a comprehensive report
setting forth findings and containing conclusions and recommendations
with respect to (1) a requirement that each new automobile be equipped
with a fuel flow instrument reading directly in miles per gallon, and
(2) the most feasible means of equipping used automobiles with such
instruments. Such report shall include an examination of the
effectiveness of such instruments in promoting voluntary reductions in
fuel consumption, the cost of such instruments, means of encouraging
automobile purchasers to voluntarily purchase automobiles equipped with
such instruments, and any other factor bearing on the cost and
effectiveness of such instruments and their use.
(b) Inclusion of electric vehicles under provisions of this
subchapter
(1) Within 180 days after December 22, 1975, the Secretary shall
prepare and submit to the Congress and the President a comprehensive
report setting forth findings and containing conclusions and
recommendations with respect to whether or not electric vehicles and
other vehicles not consuming fuel (as defined in the first sentence of
section 2001(5) of this title) should be covered by this subchapter.
Such report shall include an examination of the extent to which any such
vehicle should be included under the provisions of this subchapter, the
manner in which energy requirements of such vehicles may be compared
with energy requirements of fuel-consuming vehicles, the extent to which
inclusion of such vehicles would stimulate their production and
introduction into commerce, and any recommendations for legislative
action.
(2) As used in this subsection, the term ''electric vehicle'' means a
vehicle powered primarily by an electric motor drawing current from
rechargeable batteries, fuel cells, or other portable sources of
electrical current.
(c) Effects of exemption granted
(1) After an exemption has been granted under section 2003(b)(3) of
this title, the Secretary and the Secretary of Labor shall annually
conduct a joint examination of the extent to which the amendment made to
section 2003(b) of this title by section 4(a)(1) of the Automobile Fuel
Efficiency Act of 1980 --
(A) achieves the purposes of that Act and this subchapter, including
whether such amendment has promoted employment in the United States
related to motor vehicle manufacturing,
(B) has not caused undue harm to the motor vehicle manufacturing
sector in the United States, and
(C) has permitted any manufacturer that has assembled passenger
automobiles which are considered domestically manufactured under section
2003(b)(2)(E) of this title to thereafter assemble in the United States
passenger automobiles of the same model type which have less than 75
percent of their value added in the United States or Canada, together
with the reasons for such action.
(2) The Secretary shall include the results of such examination in
each annual report that is made to the Congress under subsection (a) of
this section more than 180 days after an exemption has been granted
under section 2003(b)(3) of this title, or transmit the results of such
examination directly to the Congress before such a report in any case in
which circumstances so warrant.
(Pub. L. 92-513, title V, 512, as added Pub. L. 94-163, title III,
301, Dec. 22, 1975, 89 Stat. 916, and amended Pub. L. 96-425, 4(a)( 2),
Oct. 10, 1980, 94 Stat. 1823.)
The Automobile Fuel Efficiency Act of 1980 and that Act, referred to
in subsec. (c)(1), is Pub. L. 96-425. Oct. 10, 1980, 94 Stat. 1821,
which amended sections 1901, 2001, to 2003, 2005, 2007, 2008, and 2012
of this title and enacted provisions set out as notes under sections
1901, 2001, and 2002 of this title. Section 4(a)(1) of the Act enacted
section 2003(b)(3) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1901 of this
title and Tables.
''This subchapter'', referred to in subsec. (b)(1), was in the
original ''this part'', meaning former part A, ''Automotive Fuel
Economy'', of this subchapter, which designation, the only part
designation appearing in the subchapter, was struck out by section 8(
a)(3) of Pub. L. 96-425.
''Section 2003(b)(3) of this title'', referred to in subsec. (c)(2),
was in the original ''section 503(b)(3) of this subsection'' which has
been translated to reflect the probable intent of Congress.
1980 -- Subsec. (c). Pub. L. 96-425 added subsec. (c).
Amendment by Pub. L. 96-425 effective Oct. 10, 1980, see section 9
of Pub. L. 96-425, set out as a note under section 2001 of this title.
15 USC 2013. Manufacturing incentives for automobiles
TITLE 15 -- COMMERCE AND TRADE
(a) Alcohol powered automobile
If a manufacturer manufactures any model type of alcohol powered
automobile, the fuel economy measured for that model type shall be based
on the fuel content of the alcohol used to operate such automobile. For
purposes of this section, a gallon of alcohol used to operate such
automobile shall be considered to contain 15 one-hundredths of a gallon
of fuel.
(b) Dual energy automobile
If a manufacturer manufactures any model type of dual energy
automobile, the fuel economy measured for that model type shall be
measured by the EPA Administrator by dividing 1.0 by the sum of --
(1) 0.5 divided by the fuel economy as measured under section 2003(
d) of this title while operating such model type on gasoline or diesel
fuel; and
(2) 0.5 divided by the fuel economy as measured under subsection (a)
of this section while operating such model type on alcohol.
(c) Natural gas powered automobile
If a manufacturer manufactures any model type of natural gas powered
automobile, the fuel economy measured for that model type shall be based
on the fuel content of the natural gas used to operate such automobile.
For purposes of this section, 100 cubic feet of natural gas shall be
considered to contain 0.823 gallons equivalent of natural gas, and a
gallon equivalent of natural gas shall be considered to have a fuel
content of 15 one-hundredths of a gallon of fuel.
(d) Natural gas dual energy automobile
If a manufacturer manufactures any model type of natural gas dual
energy automobile, the fuel economy measured for that model type shall
be measured by the EPA Administrator by dividing 1.0 by the sum of --
(1) 0.5 divided by the fuel economy as measured under section 2003(
d) of this title while operating such model type on gasoline or diesel
fuel; and
(2) 0.5 divided by the fuel economy as measured under subsection (c)
of this section while operating such model type on natural gas.
(e) Fuel economy calculation
The EPA Administrator shall calculate, subject to the provisions of
this section, the manufacturer's average fuel economy under section
2003(a)(1) and (2) of this title by including as the denominator of the
term for each model type of alcohol powered automobile, dual energy
automobile, natural gas powered automobile, or natural gas dual energy
automobile, the fuel economy measured pursuant to subsections (a)
through (d) of this section.
(f) Applicability
(1) Except as otherwise provided in this subsection, subsections (b)
and (d) of this section shall apply only to automobiles manufactured in
model year 1993 through model year 2004. Subsections (a) and (c) of
this section shall apply only to automobiles manufactured after model
year 1992.
(2)(A) Not later than September 30, 2000, the Secretary, in
consultation with the Secretary of Energy and the EPA Administrator,
shall complete and submit to the Committees on Commerce, Science, and
Transportation and Governmental Affairs of the Senate, and the Committee
on Energy and Commerce of the House of Representatives, a report
containing the results of a study of the success of the policy contained
in subsections (b) and (d) of this section, along with preliminary
conclusions as to whether the application of such subsections should be
extended for up to four additional model years. Such study and
conclusions shall be prepared taking into consideration --
(i) the availability to the public of alcohol powered automobiles,
natural gas powered automobiles, and alternative fuels;
(ii) energy conservation and security;
(iii) environmental considerations; and
(iv) other relevant factors.
(B) The Secretary shall --
(i) promulgate a rule to extend the applicability of subsections (b)
and (d) of this section for 4 or fewer consecutive model years
immediately after model year 2004; or
(ii) publish a notice explaining the reasons for not promulgating
such rule. Such rule or notice shall be promulgated before January 1,
2002.
Any such promulgated rule shall explain the basis on which any such
extension has been granted.
(g) Maximum increase
(1)(A) For each of the model years 1993 through 2004, for each
category of automobiles the maximum increase in average fuel economy for
a manufacturer attributable to dual energy automobiles and natural gas
dual energy automobiles shall be 1.2 miles per gallon.
(B) If the application of subsections (b) and (d) of this section is
extended under subsection (f)(2) of this section, for each category of
automobiles the maximum increase in average fuel economy for a
manufacturer for each of the model years 2005 through 2008 attributable
to dual energy automobiles and natural gas dual energy automobiles shall
be 0.9 miles per gallon.
(C) For purposes of applying subparagraph (A) or (B), the EPA
Administrator shall compute the increase in a manufacturer's average
fuel economy attributable to dual energy automobiles and natural gas
dual energy automobiles by subtracting from the manufacturer's average
fuel economy calculated under subsection (e) of this section the number
equal to what the manufacturer's average fuel economy would be if it
were calculated by the formula in section 2003(a)(1) and (2) of this
title by including as the denominator for each model type of dual energy
automobile or natural gas dual energy automobile the fuel economy when
such automobiles are operated on gasoline or diesel fuel. If the
increase attributable to dual energy automobiles and natural gas dual
energy automobiles for any model year described in subparagraph (A) is
more than 1.2 miles per gallon, the limitation in subparagraph (A) shall
apply, and if the increase attributable to such automobiles for any
model year described in subparagraph (B) is more than 0.9 miles per
gallon, the limitation in subparagraph (B) shall apply.
(2)(A) Notwithstanding any other provision of this section, if the
Secretary reduces the average fuel economy standard applicable to
passenger automobiles for any model year below 27.5 miles per gallon,
any increase in average fuel economy for passenger automobiles of more
than 0.7 miles per gallon to which a manufacturer of dual energy
passenger automobiles or natural gas dual energy passenger automobiles
would otherwise be entitled in that year under this section shall be
reduced by an amount equal to the amount of such reduction in the
standard, except that such increase shall not be reduced to less than
0.7 miles per gallon.
(B) In carrying out section 2002(a)(4) and (f) of this title, the
Secretary shall not consider the fuel economy of alcohol powered
automobiles or natural gas powered automobiles, and the Secretary shall
consider dual energy automobiles and natural gas dual energy automobiles
to be operated exclusively on gasoline or diesel fuel.
(h) Definitions
(1) For purposes of this subchapter --
(A) the term ''alcohol'' means a mixture containing 85 percent or
more by volume methanol, ethanol, or other alcohols, in any combination;
(B) the term ''alcohol powered automobile'' means an automobile
designed to operate exclusively on alcohol;
(C) the term ''dual energy automobile'' means an automobile --
(i) which is capable of operating on alcohol and on gasoline or
diesel fuel;
(ii) which provides equal or superior energy efficiency, as
calculated for the applicable model year during fuel economy testing for
the Federal Government, while operating on alcohol as it does while
operating on gasoline or diesel fuel;
(iii) which, for model years 1993 through 1995, and, if the
Administrator of the Environmental Protection Agency determines that an
extension of this clause is warranted, for an additional period ending
not later than the end of the last model year for which section 2013(b)
and (d) of this title applies, provides equal or superior energy
efficiency, as calculated for the applicable model year during fuel
economy testing for the Federal Government, while operating on a mixture
of alcohol and gasoline or diesel fuel containing exactly 50 percent
gasoline or diesel fuel as it does while operating on gasoline or diesel
fuel; and
(iv) which, in the case of passenger automobiles, meets or exceeds
the minimum driving range established pursuant to paragraph (2);
(D) the term ''natural gas dual energy automobile'' means an
automobile --
(i) which is capable of operating on natural gas and on gasoline or
diesel fuel;
(ii) which provides equal or superior energy efficiency, as
calculated for the applicable model year during fuel economy testing for
the Federal Government, while operating on natural gas as it does while
operating on gasoline or diesel fuel; and
(iii) which, in the case of passenger automobiles, meets or exceeds
the minimum driving range established pursuant to paragraph (2); and
(E) the term ''natural gas powered automobile'' means an automobile
designed to operate exclusively on natural gas.
(2)(A) For purposes of the definitions in paragraphs (1)(C) and (D),
the Secretary shall, within 18 months after October 14, 1988, establish
by rule of general applicability for all manufacturers a minimum driving
range which must be met by dual energy automobiles when operating on
alcohol, and by natural gas dual energy automobiles when operating on
natural gas, if such automobiles are to be considered dual energy
automobiles or natural gas dual energy automobiles under this section.
Subject to the provisions of this paragraph, the rule may be amended
from time to time. Any determination of whether dual energy automobiles
or natural gas dual energy automobiles meet the minimum driving range
requirement under this paragraph shall be based on the combined EPA
city/highway fuel economy as determined for average fuel economy
purposes for such automobiles. The rule issued under this subparagraph
shall apply only to dual energy automobiles and natural gas dual energy
automobiles that are passenger automobiles.
(B)(i) The general rule established under subparagraph (A) shall
allow the Secretary to determine that a specific model type or types may
have a lower range than that established by the general rule, and shall
allow a manufacturer to petition for a specific model type or types to
have a lower range than that established by the general rule.
(ii) If, with respect to dual energy automobiles, the Secretary
establishes under subparagraph (A) 200 miles as the generally applicable
minimum driving range under this paragraph, clause (i) shall not apply
to dual energy automobiles.
(C) Under no circumstances shall the general rule established under
subparagraph (A) establish a minimum driving range of less than 200
miles for dual energy automobiles, nor shall the Secretary approve under
the procedure referred to in subparagraph (B) a minimum driving range of
less than 200 miles for dual energy automobiles.
(D) In establishing the general rule under subparagraph (A), and in
taking any action under the procedure referred to in subparagraph (B),
the Secretary shall take into account the purposes of the Alternative
Motor Fuels Act of 1988 (42 U.S.C. 6374 et seq.), consumer
acceptability, economic practicability, technology, environmental
impact, safety, driveability, performance, and any other factors the
Secretary considers relevant.
(Pub. L. 92-513, title V, 513, as added Pub. L. 100-494, 6(a), Oct.
14, 1988, 102 Stat. 2448.)
The Alternative Motor Fuels Act of 1988, referred to in subsec. (h)(
2)(D), is Pub. L. 100-494, Oct. 14, 1988, 102 Stat. 2441, which is
classified principally to part H ( 6374 et seq.) of subchapter III of
chapter 77 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title of 1988
Amendment note set out under section 6201 of Title 42 and Tables.
Section 9 of Pub. L. 100-494 provided that: ''The Secretary of
Energy, in consultation with the Secretary of Transportation, shall
study and report to the Committees on Commerce, Science, and
Transportation and Governmental Affairs of the Senate, and the Committee
on Energy and Commerce of the House of Representatives, not later than
December 1, 1989, on whether calculating the average fuel economy of
vehicles as provided in this Act and the amendments made by this Act
(see Tables for classification) is likely to result in a significant
increase in the average price of home heating to residential consumers.
Such report shall be updated and submitted to the Committees on
Commerce, Science, and Transportation and Governmental Affairs of the
Senate, and the Committee on Energy and Commerce of the House of
Representatives, not later than December 1, 1994.''
15 USC SUBCHAPTER VI -- THEFT PREVENTION
TITLE 15 -- COMMERCE AND TRADE
15 USC 2021. Definitions
TITLE 15 -- COMMERCE AND TRADE
For purposes of this subchapter:
(1) The term ''passenger motor vehicle'' does not include any
multipurpose passenger vehicle (including any vehicle commonly known as
a ''passenger van'').
(2) The term ''line'' means a name which a manufacturer applies to a
group of motor vehicle models of the same make which have the same body
or chassis, or otherwise are similar in construction or design.
(3) The term ''existing line'' means any line introduced into
commerce before the beginning of the 2-year period specified in section
2023(a)(1)(A) of this title.
(4) The term ''new line'' means any line introduced into commerce on
or after the beginning of the 2-year period specified in section 2023(
a)(1)(A) of this title.
(5) The term ''first purchaser'' means first purchaser for purposes
other than resale.
(6) The term ''covered major part'' means any major part selected in
accordance with sections 2022(d)(1)(B) and 2023 of this title for
coverage by the vehicle theft prevention standard issued under section
2022 of this title.
(7) The term ''major part'' means --
(A) the engine;
(B) the transmission;
(C) each door allowing entrance or egress to the passenger
compartment;
(D) the hood;
(E) the grille;
(F) each bumper;
(G) each front fender;
(H) the deck lid, tailgate, or hatchback (whichever is present);
(I) rear quarter panels;
(J) the trunk floor pan;
(K) the frame or, in the case of a unitized body, the supporting
structure which serves as the frame; and
(L) any other part of a passenger motor vehicle which the Secretary,
by rule, determines is comparable in design or function to any of the
parts listed in subparagraphs (A) through (K).
(8) The term ''major replacement part'' means any major part --
(A) which is not installed in or on a motor vehicle at the time of
its delivery to the first purchaser, and
(B) the equitable or legal title to which has not been transferred to
any first purchaser.
(9) The term ''model year'' has the meaning given such term under
section 2001(12) of this title.
(10) The term ''vehicle theft prevention standard'' means a minimum
performance standard for the identification of --
(A) major parts of new motor vehicles, and
(B) major replacement parts,
by inscribing or affixing numbers or symbols to such parts.
(Pub. L. 92-513, title VI, 601, as added Pub. L. 98-547, title I,
101(a), Oct. 25, 1984, 98 Stat. 2755.)
Section 2 of Pub. L. 98-547 provided that: ''It is the purpose of
this Act (enacting this subchapter, sections 511, 512, 553, and 2320 of
Title 18, Crimes and Criminal Procedure, and section 1627 of Title 19,
Customs Duties, amending section 1901 of this title and sections 1961,
2311, and 2313 of Title 18, and enacting a provision set out as a note
under section 1901 of this title) --
''(1) to provide for the identification of certain motor vehicles and
their major replacement parts to impede motor vehicle theft;
''(2) to augment the Federal criminal penalties imposed upon persons
trafficking in stolen motor vehicles;
''(3) to encourage decreases in premiums charged consumers for motor
vehicle theft insurance; and
''(4) to reduce opportunities for exporting or importing stolen motor
vehicles and off-highway mobile equipment.''
15 USC 2022. Theft prevention standards
TITLE 15 -- COMMERCE AND TRADE
(a) Authority to promulgate
The Secretary shall by rule promulgate, in accordance with this
section, a vehicle theft prevention standard which conforms to the
requirements of this subchapter and which applies with respect to --
(1) the covered major parts which are installed by manufacturers into
passenger motor vehicles in lines designated under section 2023 of this
title as high theft lines; and
(2) the major replacement parts for the major parts described in
paragraph (1).
(b) Criteria
The standard under this section shall be practicable, and shall
provide relevant objective criteria.
(c) Proposed and final rules establishing standard
(1) Not later than 3 months after October 25, 1984, the Secretary
shall prescribe and publish a proposed vehicle theft prevention
standard.
(2) As soon as practicable after the 30th day following the
publication of the proposed standard under paragraph (1), but not later
than 6 months after October 25, 1984, the Secretary shall promulgate a
final rule establishing such a standard.
(3) The Secretary may, for good cause, extend the 3-month and 6-month
periods under paragraphs (1) and (2) if the Secretary publishes the
reasons therefor. Either such period may not, in the aggregate, be
extended by more than 5 months.
(4) Such standard shall take effect not earlier than 6 months after
the date such final rule is prescribed, except that the Secretary may
prescribe an earlier effective date if the Secretary --
(A) finds, for good cause shown, that the earlier date is in the
public interest, and
(B) publishes the reasons for such finding.
(5) The standard may apply only with respect to --
(A) major parts which are installed by the motor vehicle manufacturer
in any passenger motor vehicle which has a model year designation later
than the calendar year in which such standard takes effect, and
(B) major replacement parts manufactured after such standard takes
effect.
(d) Required identification
(1) In the case of major parts installed by the motor vehicle
manufacturer, the standard under this section may not require --
(A) any part to have more than a single identification, and
(B) any motor vehicle to have identification of more than 14 of its
major parts.
(2) In the case of major replacement parts, the standard under this
section may not require --
(A) identification of any part which is not designed as a replacement
for a major part required to be identified under such standard, and
(B) the inscribing or affixing of any identification other than a
symbol identifying the manufacturer and a common symbol identifying the
part as a major replacement part.
(e) Recordkeeping requirements
Nothing in this subchapter shall be construed to grant authority to
require any person to keep records or make reports, except as expressly
provided in sections 2023(c), 2025(b), 2026(a), and 2032 of this title.
(Pub. L. 92-513, title VI, 602, as added Pub. L. 98-547, title I,
101(a), Oct. 25, 1984, 98 Stat. 2756.)
15 USC 2023. Designation of high theft vehicle lines and parts
TITLE 15 -- COMMERCE AND TRADE
(a) Categories
(1) For purposes of the standard under section 2022 of this title,
the following motor vehicle lines are high theft lines:
(A) passenger motor vehicles of any line which is determined under
subsection (b) of this section to have had a new passenger motor vehicle
theft rate in the 2 calendar years immediately preceding the year in
which the final standard is promulgated which exceeds the median theft
rate for all new passenger motor vehicle thefts in such 2-year period;
(B) passenger motor vehicles of any line initially introduced into
commerce in the United States at any time after the beginning of the
2-year period specified in subparagraph (A) which is determined under
paragraph (2) to be likely to have a theft rate exceeding such median
theft rate; and
(C) passenger motor vehicles of any line which is below the median
theft rate (in the case of existing lines) or which is likely to be
below the median theft rate (in the case of new lines) if the major
parts contained in such vehicles are determined under paragraph (2) to
be interchangeable with the majority of the major parts which are
subject to the standard and which are contained in the motor vehicles of
a line subject to the standard pursuant to subparagraph (A) or (B);
except that such standard shall not apply to such major parts of any
line specified by this paragraph if all the passenger motor vehicles of
lines --
(i) which are or are likely to be below the median theft rate, and
(ii) which contain parts which are interchangeable with the major
parts of the line involved,
account (in the case of existing lines) or the Secretary determines
are likely to account (in the case of new lines) for more than 90
percent of the total annual production of all lines of that manufacturer
which contain those interchangeable parts.
(2) The specific lines, and the major parts of the vehicles within
such lines, which are to be subject to the standard may be selected by
agreement between that manufacturer and the Secretary. If the
manufacturer and the Secretary disagree as to such selection, the
Secretary shall select such lines and parts, after notice to the
manufacturer and opportunity for written comment, and subject to the
confidentiality requirements of this subchapter.
(3) Notwithstanding paragraph (1), of those passenger motor vehicle
lines initially introduced by a manufacturer into commerce in the United
States before the effective date of the standard, no more than 14 of the
lines of any manufacturer shall be selected as high theft lines under
paragraph (1)(A) and (B). Any such selection shall be made under
paragraph (2) within one year after October 25, 1984.
(4) The Secretary shall prescribe reasonable procedures designed to
assure that, to the maximum extent practicable, any selection under
paragraph (2) or (3) is made at least 6 months before the first
applicable model year beginning after such selection.
(5) A manufacturer shall not be required to begin to comply with the
standard pursuant to any selection made under paragraph (2) or (3) for a
model year beginning earlier than 6 months after the date of selection.
(b) Determination of theft rate
(1) For purposes of subsection (a) of this section, the theft rate
for passenger motor vehicles of a line shall be determined by a
fraction, the numerator of which is the number of new passenger motor
vehicle thefts for that line during the 2 calendar years specified in
subsection (a)(1)(A) of this section, and the denominator of which is
the sum of the respective production volumes of all passenger motor
vehicles of that line (as reported to the Environmental Protection
Agency under subchapter V of this chapter) which are of the 2 model
years having the same model-year designations as the 2 calendar years
specified in subsection (a)(1)(A) of this section and which are
distributed for sale in commerce within the United States.
(2) For purposes of subsection (a) of this section, the median theft
rate for all new passenger motor vehicle thefts during such 2-year
period is that theft rate midway between the highest and the lowest
theft rates determined under paragraph (1). If there is an even number
of theft rates determined under paragraph (1), the median theft rate is
the arithmetic average of the two adjoining theft rates midway between
the highest and the lowest of such theft rates.
(3) Immediately upon enactment of this subchapter, and periodically
thereafter, the Secretary, in consultation with the Director of the
Federal Bureau of Investigation, shall obtain from the most reliable
source or sources accurate and timely theft and recovery data and
publish such data for review and comment. To the greatest extent
possible, the Secretary shall utilize theft data reported by Federal,
State, or local police. After such publication and opportunity for
comment, the Secretary shall utilize the theft data to determine the
median theft rate under this subsection. The Secretary and such
Director shall take such actions as may be necessary to improve the
accuracy, reliability, and timeliness of such data, including ensuring
that vehicles represented as stolen are in fact stolen.
(4) In calculating the median theft rate, the Secretary shall take
into account the theft rate of lines which are exempted by reason of the
14-line limitation in subsection (a)(3) of this section.
(5) As used in this section, the term ''new passenger motor vehicle
thefts'', when used with respect to any calendar year, refers to those
thefts in the United States in such year which are of passenger motor
vehicles with the same model-year designation as that calendar year.
(c) Need for manufacturer information
The Secretary shall, by rule, require each manufacturer to provide
information necessary to select pursuant to subsection (a)(2) of this
section the high theft lines and the major parts to be subject to the
standard.
(d) Power of Secretary
Except as provided in section 2025 of this title, the Secretary may
not render the standard inapplicable to any line which at any time has
been subject to the standard.
(Pub. L. 92-513, title VI, 603, as added Pub. L. 98-547, title I,
101(a), Oct. 25, 1984, 98 Stat. 2757.)
15 USC 2024. Cost limitation
TITLE 15 -- COMMERCE AND TRADE
(a) Maximum cost to manufacturer
The standard under section 2022 of this title may not --
(1) impose costs upon any manufacturer of motor vehicles to comply
with such standard in excess of $15 per motor vehicle, or
(2) impose costs upon any manufacturer of major replacement parts to
comply with such standard in excess of such reasonable lesser amount per
major replacement part as the Secretary specifies in such standard.
(b) Computation of manufacturer's costs
In the case of any manufacturer engaged in identifying engines or
transmissions on October 25, 1984, in a manner which substantially
complies with the requirements of the theft prevention standard
promulgated under section 2022 of this title --
(1) the costs of identifying engines and transmissions shall not be
taken into account in calculating such manufacturer's costs under
subsection (a) of this section; and
(2) the manufacturer shall not be required, pursuant to the standard
or any subsequent modification, to conform to any identification system
for engines and transmissions which imposes greater costs on the
manufacturer than are incurred under the identification system used by
the manufacturer on October 25, 1984.
(c) Adjustment of costs
(1) At the beginning of each calendar year commencing on or after
January 1, 1985, as there becomes available necessary data from the
Bureau of Labor Statistics of the Department of Labor, the Secretary of
Labor shall certify to the Secretary and publish in the Federal Register
the percentage difference between the price index for the 12 months
preceding the beginning of such calendar year and the price index for
the base period. Effective for model years beginning in such calendar
year, the amounts specified under subsections (a)(1) and (2) of this
section shall be adjusted by such percentage difference.
(2) For purposes of paragraph (1) --
(A) The term ''base period'' means calendar year 1984.
(B) The term ''price index'' means the average over a calendar year
of the Consumer Price Index (all items -- United States city average)
published monthly by the Bureau of Labor Statistics.
(Pub. L. 92-513, title VI, 604, as added Pub. L. 98-547, title I,
101(a), Oct. 25, 1984, 98 Stat. 2758.)
15 USC 2025. Exemption for vehicles equipped with antitheft devices
TITLE 15 -- COMMERCE AND TRADE
(a) Grounds
(1) Any manufacturer may petition the Secretary for an exemption from
the application of any of the requirements of the vehicle theft
prevention standard under section 2022 of this title for any line or
lines of passenger motor vehicles which are equipped as standard
equipment with an antitheft device which the Secretary determines is
likely to be as effective in reducing and deterring motor vehicle theft
as compliance with the requirements of such standard.
(2) For the initial model year to which such standard applies, the
Secretary may not grant an exemption for more than 2 lines of any
manufacturer. For each subsequent model year, the Secretary may grant
exemption for not more than 2 additional lines of any manufacturer, and
such exemption shall not affect the validity of the exemption of any
line previously exempted under this paragraph.
(3) For purposes of paragraph (1), the term ''standard equipment''
means equipment which is installed in a vehicle at the time it is
delivered from the manufacturer and which is not an accessory or other
item which the first purchaser customarily has the option to have
installed.
(b) Procedure
Any such petition shall be filed with the Secretary not later than 8
months before the commencement of production for the first model year
covered by the petition. Such petition shall include --
(1) a detailed description of such device,
(2) the reasons for the manufacturer's conclusion that such device
will be effective in reducing and deterring theft of motor vehicles, and
(3) such additional information as the Secretary determines may be
reasonably required to make the determination specified in subsection
(a)(1) of this section.
(c) Time of determination
Such determination shall be made, based upon substantial evidence,
within 120 days after the date of filing of such petition. The
Secretary may approve such petition in whole or in part. If the
Secretary fails to make such determination within such time period, the
petition shall be considered approved, and the manufacturer shall be
exempt from the application of such standard for the subsequent model
year.
(d) Rescission of exemption
Nothing in this section shall preclude the Secretary from rescinding
any such exemption for any model year after the model year in which such
rescission occurs if the Secretary determines that such device has not
been as effective in reducing and deterring motor vehicle theft as
compliance with the requirements of the standard under section 2022 of
this title, except that such rescission shall not be effective until at
least 6 months after the manufacturer receives written notice from the
Secretary of such rescission.
(e) ''Antitheft device'' defined
As used in this section, the term ''antitheft device'' means a device
to reduce or deter theft which is in addition to the theft-deterrent
devices required by Federal motor vehicle safety standard numbered 114
(49 CFR 571.114) which the manufacturer believes will be effective in
reducing or deterring theft of motor vehicles, and which does not
utilize any signaling device which is reserved by a provision of any
State law for use on police, emergency, or official vehicles, or on
school buses.
(Pub. L. 92-513, title VI, 605, as added Pub. L. 98-547, title I,
101(a), Oct. 25, 1984, 98 Stat. 2759.)
15 USC 2026. Determination of compliance of manufacturer
TITLE 15 -- COMMERCE AND TRADE
(a) Recordkeeping requirements
Every manufacturer of any motor vehicle any part of which is subject
to the standard under section 2022 of this title, and any manufacturer
of major replacement parts subject to such standard, shall --
(1) establish and maintain such records, make such reports, and
provide such items and information as the Secretary may reasonably
require to enable the Secretary to determine whether such manufacturer
has acted or is acting in compliance with this subchapter and such
standard, and
(2) upon request of an officer or employee duly designated by the
Secretary, permit such officer or employee to inspect (A) vehicles and
major parts which are subject to such standard, and (B) appropriate
books, papers, records, and documents relevant to determining whether
such manufacturer has acted or is acting in compliance with this
subchapter and any motor vehicle theft prevention standard promulgated
pursuant to this subchapter; such manufacturer shall make available all
such items and information in accordance with such reasonable rules as
the Secretary may prescribe.
(b) Notice and inspection
For purposes of enforcing this subchapter, officers or employees duly
designated by the Secretary, upon presenting appropriate credentials and
a written notice to the owner, operator, or agent in charge, may enter
and inspect any facility in which motor vehicles containing major parts
subject to such standard, or major replacement parts subject to such
standard, are manufactured, held for introduction into interstate
commerce, or are held for sale after such introduction. Each such
inspection shall be conducted at reasonable times and in a reasonable
manner and shall be commenced and completed with reasonable promptness.
(c) Certificate of compliance
(1) Every manufacturer of a motor vehicle subject to the standard
promulgated under section 2022 of this title, and every manufacturer of
any major replacement part subject to such standard, shall furnish at
the time of delivery of such vehicle or part a certification that such
vehicle or replacement part conforms to the applicable motor vehicle
theft prevention standard. Such certification shall accompany such
vehicle or replacement part until delivery to the first purchaser. The
Secretary may issue rules prescribing the manner and form of such
certification.
(2) Paragraph (1) shall not apply to any motor vehicle or major
replacement part --
(A) which is intended solely for export,
(B) which is so labeled or tagged on the vehicle or replacement part
itself and on the outside of the container, if any, until exported, and
(C) which is exported.
(d) Notice of error
If a manufacturer obtains knowledge that (1) the identification
applied, to conform to the standard under section 2022 of this title, to
any major part installed by the manufacturer in a motor vehicle during
its assembly, or to any major replacement part manufactured by the
manufacturer, contains an error, and (2) such motor vehicle or major
replacement part has been distributed in interstate commerce, the
manufacturer shall furnish notification of such error to the Secretary.
(Pub. L. 92-513, title VI, 606, as added Pub. L. 98-547, title I,
101(a), Oct. 25, 1984, 98 Stat. 2760.)
15 USC 2027. Prohibited acts
TITLE 15 -- COMMERCE AND TRADE
(a) No person shall --
(1) manufacture for sale, sell, offer for sale, or introduce or
deliver for introduction in interstate commerce, or import into the
United States --
(A) any motor vehicle subject to the standard under section 2022 of
this title, or
(B) any major replacement part subject to such standard,
which is manufactured on or after the date the standard under section
2022 of this title takes effect under this subchapter for such vehicle
or major replacement part unless it is in conformity with such standard;
(2) fail to comply with any rule prescribed by the Secretary under
this subchapter;
(3) fail to keep specified records or refuse access to or copying of
records, or fail to make reports or provide items or information, or
fail or refuse to permit entry or inspection, as required by this
subchapter; or
(4) fail to --
(A) furnish certification required by section 2026(c) of this title,
or
(B) issue a certification required by section 2026(c) of this title
if such person knows, or in the exercise of due care has reason to know,
that such certification is false or misleading in a material respect.
(b) Subsection (a)(1) of this section shall not apply to any person
who establishes that he did not have reason to know in the exercise of
due care that the vehicle or major replacement part is not in conformity
with an applicable theft prevention standard.
(Pub. L. 92-513, title VI, 607, as added Pub. L. 98-547, title I,
101(a), Oct. 25, 1984, 98 Stat. 2761.)
15 USC 2028. Enforcement provisions; maximum penalties; injunctive
relief
TITLE 15 -- COMMERCE AND TRADE
(a)(1) Whoever violates section 2027(a) of this title may be assessed
a civil penalty of not to exceed $1,000 for each violation. The failure
of more than one part of a single motor vehicle to conform to an
applicable motor vehicle theft prevention standard shall constitute only
a single violation.
(2) Any such penalty shall be assessed by the Secretary and collected
in a civil action brought by the Attorney General of the United States.
Any such civil penalty may be compromised by the Secretary. In
determining the amount of such penalty, or the amount agreed upon in
compromise, the appropriateness of such penalty to the size of the
business of the person charged and the gravity of the violation shall be
considered.
(3) The amount of such penalty, when finally determined, or the
amount agreed upon in compromise, may be deducted from any sums owed by
the United States to the person charged.
(4) The maximum civil penalty shall not exceed $250,000 for any
related series of violations.
(b)(1) Upon petition by the Attorney General on behalf of the United
States, the United States district courts shall have jurisdiction, for
cause shown and subject to the provisions of rule 65(a) and (b) of the
Federal Rules of Civil Procedure, to restrain violations of this
subchapter, or to restrain the sale, offer for sale, or the introduction
or delivery for introduction in interstate commerce, or the importation
into the United States, of --
(A) any passenger motor vehicle containing a major part, or
(B) any major replacement part,
which is subject to the standard under section 2022 of this title and
is determined, before the sale of such vehicle or such major replacement
part to a first purchaser, not to conform to such standard. Whenever
practicable, the Secretary shall give notice to any person against whom
an action for injunctive relief is contemplated and afford the person an
opportunity to present his views, and except in the case of a knowing
and willful violation, shall afford the person reasonable opportunity to
achieve compliance. The failure to give such notice and afford such
opportunity shall not preclude the granting of appropriate relief.
(2) In any proceeding for criminal contempt for violation of an
injunction or restraining order issued under this subsection, which
violation also constitutes a violation of this subchapter, trial shall
be by the court, or, upon demand of the accused, by a jury. Such trial
shall be conducted in accordance with the practice and procedure
applicable in the case of proceedings subject to the provisions of rule
42(b) of the Federal Rules of Criminal Procedure.
(3) Actions under paragraph (1) and under subsection (a) of this
section may be brought in the district wherein any act or transaction
constituting the violation occurred, or in the district wherein the
defendant is found or is an inhabitant or transacts business, and
process in such cases may be served in any other district in which the
defendant is an inhabitant or wherever the defendant may be found.
(4) In any actions brought under paragraph (1) and under subsection
(a) of this section, subpenas for witnesses who are required to attend a
United States district court may run into any other district.
(Pub. L. 92-513, title VI, 608, as added Pub. L. 98-547, title I,
101(a), Oct. 25, 1984, 98 Stat. 2762.)
Rule 65 of the Federal Rules of Civil Procedure, referred to in
subsec. (b)(1), is set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
Rule 42 of the Federal Rules of Criminal Procedure, referred to in
subsec. (b)(2), is set out in the Appendix to Title 18, Crimes and
Criminal Procedure.
15 USC 2029. Confidentiality of information
TITLE 15 -- COMMERCE AND TRADE
All information reported to, or otherwise obtained by, the Secretary
or the Secretary's representative under this subchapter which contains
or relates to a trade secret or other matter referred to in section 1905
of title 18 or in section 552(b)(4) of title 5 shall be considered
confidential for the purpose of the applicable section of this
subchapter, except that such information may be disclosed to other
officers or employees concerned with carrying out this subchapter or
when relevant in any proceeding under this subchapter (other than a
proceeding under section 2023(a)(2) or (3) of this title). Nothing in
this section shall authorize the withholding of information by the
Secretary or any officer or employee under the Secretary's control from
any committee of the Congress.
(Pub. L. 92-513, title VI, 609, as added Pub. L. 98-547, title I,
101(a), Oct. 25, 1984, 98 Stat. 2763.)
15 USC 2030. Judicial review
TITLE 15 -- COMMERCE AND TRADE
Any person who may be adversely affected by any provision of any
standard or other rule under this subchapter may obtain judicial review
of such standard or rule in accordance with section 2004 of this title.
Nothing in this section shall preclude the availability to any person of
other remedies provided by law in the case of any standard, rule, or
other action under this subchapter.
(Pub. L. 92-513, title VI, 610, as added Pub. L. 98-547, title I,
101(a), Oct. 25, 1984, 98 Stat. 2763.)
15 USC 2031. Coordination with State and local law
TITLE 15 -- COMMERCE AND TRADE
Whenever a vehicle theft prevention standard established under
section 2022 of this title is in effect, no State or political
subdivision of a State shall have any authority either to establish, or
to continue in effect, with respect to any motor vehicle, or major
replacement part, any vehicle theft prevention standard which is not
identical to such vehicle theft prevention standard.
(Pub. L. 92-513, title VI, 611, as added Pub. L. 98-547, title I,
101(a), Oct. 25, 1984, 98 Stat. 2763.)
15 USC 2032. Insurance reports and information
TITLE 15 -- COMMERCE AND TRADE
(a) Required information
(1) In order to --
(A) prevent or discourage the theft of motor vehicles, particularly
those vehicles which are stolen for the removal of certain parts,
(B) prevent or discourage the sale and distribution in interstate
commerce of used parts that are removed from such vehicles, and
(C) help reduce the cost to consumers of comprehensive insurance
coverage for motor vehicles,
each insurer of such coverage (or their designated agents) shall
provide to the Secretary the information required by this subsection.
Such information shall be provided annually, beginning 2 years after
October 25, 1984.
(2) Such information shall include --
(A) the thefts and recoveries (in whole or in part) of motor
vehicles;
(B) the number of vehicles which have been recovered intact;
(C) the rating rules and plans, such as loss data and rating
characteristics, used by such insurers to establish premiums for
comprehensive insurance coverage for motor vehicles, including the basis
for such premiums, and premium penalties for motor vehicles considered
by such insurers as more likely to be stolen;
(D) the actions taken by such insurers to reduce such premiums,
including changes in rate levels for automobile comprehensive coverages,
due to a reduction in thefts of motor vehicles;
(E) the actions taken by such insurers to assist in deterring or
reducing thefts of motor vehicles; and
(F) such other information as the Secretary may require to administer
this subchapter and to make the report and findings required by this
subchapter.
The information on thefts and recoveries of such vehicles shall
include an explanation about how such information is obtained by the
insurer, the accuracy and timeliness of such information, and the use
made of such information, including the extent to which such information
is reported, including the frequency of such reporting, to national,
public, and private entities, such as the Federal Bureau of
Investigation and State and local police.
(3) For purposes of this section, the term ''insurer'' includes any
person which has a fleet of 20 or more motor vehicles (other than any
governmental entity) which are used primarily for rental or lease and
which are not covered by theft insurance policies issued by insurers of
passenger motor vehicles.
(4) The Secretary shall exempt from the requirements of this section,
for one or more years, any insurer if the Secretary determines that such
insurer should be exempted because --
(A) the cost of preparing and furnishing reports and information is
excessive in relation to the size of the business of the insurer, and
(B) such reports and information will not significantly contribute to
carrying out the purposes of this subchapter.
(5)(A) Subject to subparagraph (B), the Secretary shall, by rule,
exempt from the requirements of this section small insurers if the
Secretary finds that such exemption will not significantly affect the
validity or usefulness of the information collected and compiled under
this section, nationally or State-by-State.
(B) The Secretary may not, under subparagraph (A), exempt any person
who is considered an insurer under this section solely by reason of
paragraph (3).
(C)(i) Subject to clause (ii), for purposes of this paragraph, the
term ''small insurer'' means any insurer whose premiums for motor
vehicle insurance issued directly or through any affiliate, including
any pooling arrangement established under State law or regulation for
the issuance of motor vehicle insurance, account for less than one
percent of the total premiums for all forms of motor vehicle insurance
issued by insurers within the United States. The regulations under this
paragraph shall provide that eligibility as a small insurer shall be
based on the most recent calendar year for which adequate data is
available, and that, once attained, such eligibility shall continue
without further demonstration of qualification for one or more years, as
the Secretary considers appropriate.
(ii) For purposes of the reporting requirements under this section
for an insurer's operations within any State, the term ''small insurer''
shall not include any insurer whose premiums for motor vehicle insurance
issued directly or through any affiliate, including any pooling
arrangement described in clause (i), account for 10 percent or more of
the total premiums for all forms of motor vehicle insurance issued by
insurers within such State.
(b) Periodic compilations
The information obtained by the Secretary under this section shall be
periodically compiled and (subject to section 552 of title 5) published
by the Secretary in a form that will be helpful to the public, including
Federal, State, and local police, and Congress.
(c) Consultation with State and insurance regulatory agencies
The Secretary shall consult with such State and insurance regulatory
agencies and other agencies and associations, both public and private,
as the Secretary deems appropriate.
(d) Reduced claims payment
If, in paying claims pursuant to adjustment or negotiations between
the insurer and the insured for any stolen motor vehicle, any insurer
reduces such payment by the amount of the value, salvage or otherwise,
of any part subject to the standard which is recovered and such
reduction is not made at the express election of the insured, the
insurer shall promptly report such action in writing to the Secretary.
(e) Prescribed form for information
The information required by this section shall be furnished in such
form as the Secretary shall prescribe by regulation or otherwise.
(f) ''Motor vehicle'' defined
For purposes of this section, the term ''motor vehicle'' includes
trucks, multipurpose passenger vehicles, and motorcycles.
(Pub. L. 92-513, title VI, 612, as added Pub. L. 98-547, title I,
101(a), Oct. 25, 1984, 98 Stat. 2763.)
15 USC 2033. Voluntary vehicle identification standards
TITLE 15 -- COMMERCE AND TRADE
(a) Authority to promulgate
The Secretary may, by rule, promulgate a vehicle theft prevention
standard under which any person may elect to inscribe or affix an
identifying number or symbol on major parts of any motor vehicle
manufactured or owned by such person for purposes of section 511 of
title 18 and related provisions. Such standard may include provisions
for registration of such identification with the Secretary or any person
designated by the Secretary.
(b) Criteria
The standard under this section shall be practicable, and shall
provide relevant objective criteria.
(c) Voluntary compliance
Compliance with such standard shall be voluntary, and any failure to
comply shall not be subject to penalty or enforcement under this
subchapter.
(d) Relief from requirements
Compliance with such standard shall not relieve any manufacturer of
any requirement under the standard under section 2022 of this title.
(Pub. L. 92-513, title VI, 613, as added Pub. L. 98-547, title I,
101(a), Oct. 25, 1984, 98 Stat. 2765.)
15 USC 2034. Three-year and five-year studies regarding motor vehicle
theft
TITLE 15 -- COMMERCE AND TRADE
(a) Three-year report
(1) Not later than 3 years after October 25, 1984, the Secretary
shall submit a report to the Congress which includes the information and
legislative recommendations required under paragraphs (2) and (3).
(2) The report required by this subsection shall include --
(A) data on the number of trucks, multipurpose passenger vehicles,
and motorcycles, stolen and recovered annually, compiled by model, make,
and line for all such motor vehicles distributed for sale in interstate
commerce;
(B) information on the extent to which trucks, multipurpose passenger
vehicles, and motorcycles, stolen annually are dismantled to recover
parts or are exported;
(C) a description of the market for such stolen parts;
(D) information concerning the premiums charged by insurers of
comprehensive insurance coverage of trucks, multipurpose passenger
vehicles, or motorcycles, including any increase in such premiums
charged because any such motor vehicle is a likely candidate for theft;
and
(E) an assessment of whether the identification of parts of trucks,
multipurpose passenger vehicles, and motorcycles is likely to have (i) a
beneficial impact in decreasing the rate of theft of such vehicles;
(ii) improve the recovery rate of such vehicles; (iii) decrease the
trafficking in stolen parts of such vehicles; (iv) stem the export and
import of such stolen vehicles or parts; or (v) benefits which exceed
the costs of such identification.
(3) The report under this subsection shall recommend to Congress
whether, and to what extent, the identification of trucks, multipurpose
passenger vehicles, and motorcycles should be required by statute.
(b) Five-year report
(1) Not later than 5 years after the promulgation of the standard
required by this subchapter, the Secretary shall submit a report to the
Congress which includes the information and legislative recommendations
required under paragraphs (2) and (3).
(2) The report required by this subsection shall include --
(A) information about the methods and procedures used by public and
private entities for collecting, compiling, and disseminating
information concerning the theft and recovery of motor vehicles,
including classes thereof, and about the reliability, accuracy, and
timeliness of such information, and how such information can be
improved;
(B) data on the number of motor vehicles stolen and recovered
annually, compiled by the class of vehicle, model, make, and line for
all such motor vehicles distributed for sale in interstate commerce;
(C) information on the extent to which motor vehicles stolen annually
are dismantled to recover parts or are exported;
(D) a description of the market for such stolen parts;
(E) information concerning the costs to manufacturers, as well as to
purchasers of passenger motor vehicles, in complying with the standard
promulgated under this subchapter, as well as the identification of the
beneficial impacts of the standard and the monetary value of any such
impacts, and the extent to which such monetary value is greater than the
costs;
(F) information concerning the experience of Federal, State, and
local officials in making arrests and successfully prosecuting persons
for violations of the provisions of law set forth in titles II and III
of the Motor Vehicle Theft Law Enforcement Act of 1984, in preventing or
reducing the number, and rate of, thefts of motor vehicles that are
dismantled for parts subject to this subchapter, and in preventing or
reducing the availability of used parts that are stolen from motor
vehicles subject to this subchapter;
(G) information concerning the premiums charged by insurers of
comprehensive insurance coverage of motor vehicles subject to this
subchapter, including any increase in such premiums charged because a
motor vehicle is a likely candidate for theft, and the extent to which
such insurers have reduced for the benefit of consumers such premiums as
a result of this subchapter or have foregone premium increases as a
result of this subchapter;
(H) information concerning the adequacy and effectiveness of Federal
and State laws aimed at preventing the distribution and sale of used
parts that have been removed from stolen motor vehicles and the adequacy
of systems available to enforcement personnel for tracing parts to
determine if they have been stolen from a motor vehicle;
(I) an assessment of whether the identification of parts of other
classes of motor vehicles is likely to have (i) a beneficial impact in
decreasing the rate of theft of such vehicles; (ii) improve the
recovery rate of such vehicles; (iii) decrease the trafficking in
stolen parts of such vehicles; (iv) stem the export and import of such
stolen vehicles, parts, or components; or (v) benefits which exceed the
costs of such identification; and
(J) other pertinent and reliable information available to the
Secretary concerning the impact, including the beneficial impact, of
this title and titles II and III of the Motor Vehicle Theft Law
Enforcement Act of 1984 on law enforcement, consumers, and
manufacturers.
(3) The report submitted under this subsection to the Congress shall
include recommendations for (A) continuing the standard established by
this subchapter without change, (B) modifying this subchapter to cover
more or fewer lines of passenger motor vehicles, (C) modifying this
subchapter to cover other classes of motor vehicles, or (D) terminating
the standard for all future motor vehicles. The report may include, as
appropriate, legislative and administrative recommendations.
(c) Bases of reports
(1) The reports under subsections (a) and (b) of this section shall
each be based on (A) the information reported under this subchapter by
insurers of motor vehicles and manufacturers of such vehicles and major
replacement parts, (B) information provided by the Federal Bureau of
Investigation, (C) experience obtained in the implementation,
administration, and enforcement of this subchapter, (D) experience
gained by the Government under titles II and III of the Motor Vehicle
Theft Law Enforcement Act of 1984, and (E) any other reliable and
relevant information available to the Secretary.
(2) In preparing each such report, the Secretary shall consult with
the Attorney General of the United States and with State and local law
enforcement officials, as appropriate.
(3) The report under subsection (b) of this section shall (A) cover a
period of at least four years subsequent to the promulgation of the
standard required by this subchapter, and (B) reflect any information,
as appropriate, from the report under subsection (a) of this section
updated from the time of such report.
(4) At least 90 days before submitting each such report to Congress,
the Secretary shall publish the proposed report for public review and
for an opportunity for written comment of at least 45 days. The
Secretary shall consider such comments in preparing the final report and
shall include a summary of such comments with the final report.
(Pub. L. 92-513, title VI, 614, as added Pub. L. 98-547, title I,
101(a), Oct. 25, 1984, 98 Stat. 2765.)
The Motor Vehicle Theft Law Enforcement Act of 1984, referred to in
subsecs. (b)(2)(F), (J) and (c)(1)(D), is Pub. L. 98-547, Oct. 25,
1984, 98 Stat. 2754. Titles II and III of that act enacted sections
511, 512, 553, and 2320 (now 2321) of Title 18, Crimes and Criminal
Procedure, and section 1627 of Title 19, Customs Duties, and amended
sections 1961, 2311, and 2313 of Title 18. For complete classification
of this Act to the Code, see Short Title of 1984 Amendment note set out
under section 1901 of this title and Tables.
15 USC CHAPTER 47 -- CONSUMER PRODUCT SAFETY
TITLE 15 -- COMMERCE AND TRADE
Sec.
2051. Congressional findings and declaration of purpose.
2052. Definitions.
2053. Consumer Product Safety Commission.
(a) Establishment; Chairman.
(b) Term; vacancies.
(c) Restrictions on Commissioner's outside activities.
(d) Quorum; seal; Vice Chairman.
(e) Offices.
(f) Functions of Chairman.
(g) Executive Director; officers and employees.
(h) Omitted.
(i) Civil action against United States.
(j) Agenda and priorities; establishment and comments.
2054. Product safety information and research.
(a) Injury Information Clearinghouse; duties.
(b) Research, investigation and testing of consumer products.
(c) Grants and contracts for conduct of functions.
(d) Availability to public of information.
2055. Public disclosure of information.
(a) Disclosure requirements for manufacturers or private labelers;
procedures applicable.
(b) Additional disclosure requirements for manufacturers or private
labelers; procedures applicable.
(c) Communications with manufacturers.
(d) ''Act'' defined; coverage.
(e) Disclosure of information regarding civil actions involving
consumer product alleged to have caused death or injury.
2056. Consumer product safety standards.
(a) Types of requirements.
(b) Reliance of Commission upon voluntary standards.
(c) Contribution of Commission to development cost.
2057. Banned hazardous products.
2057a. Banning of butyl nitrite.
(a) In general.
(b) Lawful purposes.
(c) Definitions.
(d) Effective date.
2057b. Banning of isopropal nitrite and other nitrites.
(a) In general.
(b) Lawful purposes.
(c) ''Commercial purpose'' defined.
(d) Effective date.
2058. Procedure for consumer product safety rules.
(a) Commencement of proceeding; publication of prescribed notice of
proposed rulemaking; transmittal of notice.
(b) Voluntary standard; publication as proposed rule; notice of
reliance of Commission on standard.
(c) Publication of proposed rule; preliminary regulatory analysis;
contents; transmittal of notice.
(d) Promulgation of rule; time.
(e) Expression of risk of injury; consideration of available product
data; needs of elderly and handicapped.
(f) Findings; final regulatory analysis; judicial review of rule.
(g) Effective date of rule or standard; stockpiling of product.
(h) Amendment or revocation of rule.
(i) Petition to initiate rulemaking.
2059. Repealed.
2060. Judicial review of consumer product safety rules.
(a) Petition by persons adversely affected, consumers, or consumer
organizations.
(b) Additional data, views, or arguments.
(c) Jurisdiction; costs and attorneys' fees; substantial evidence
to support administrative findings.
(d) Supreme Court review.
(e) Other remedies.
(f) Computation of reasonable fee for attorney.
2061. Imminent hazards.
(a) Filing of action.
(b) Relief; product condemnation and seizure.
(c) Consumer product safety rule.
(d) Jurisdiction and venue; process; subpena.
(e) Employment of attorneys by Commission.
(g) Cost-benefit analysis of compliance with relief ordered in action
for judicial review of consumer product safety rule not required.
2062. Repealed.
2063. Product certification and labeling.
(a) Certification accompanying product; products with more than one
manufacturer.
(b) Rules to establish reasonable testing programs.
(c) Form and contents of labels.
2064. Substantial product hazards.
(a) ''Substantial product hazard'' defined.
(b) Noncompliance with applicable consumer product safety rules;
product defects; notice to Commission by manufacturer, distributor, or
retailer.
(c) Public notice of defect or failure to comply; mail notice.
(d) Repair; replacement; refunds; action plan.
(e) Reimbursement.
(f) Hearing.
(g) Preliminary injunction.
(h) Cost-benefit analysis of notification or other action not
required.
2065. Inspection and recordkeeping.
2066. Imported products.
(a) Refusal of admission.
(b) Samples.
(c) Modification.
(d) Supervision of modifications.
(e) Product destruction.
(f) Payment of expenses occasioned by refusal of admission.
(g) Importation conditioned upon manufacturer's compliance.
(h) Product surveillance program.
2067. Exemption of exports.
(a) Risk of injury to consumers within United States.
(b) Statement of exportation: filing period, information;
notification of foreign country; petition for minimum filing period:
good cause.
2068. Prohibited acts.
(a) Designation.
(b) Exception.
2069. Civil penalties.
(a) Amount of penalty.
(b) Relevant factors in determining amount of penalty.
(c) Compromise of penalty; deductions from penalty.
(d) ''Knowingly'' defined.
2070. Criminal penalties.
2071. Injunctive enforcement and seizure.
(a) Jurisdiction.
(b) Products liable to proceeding.
2072. Suits for damages.
(a) Persons injured; costs; amount in controversy.
(b) Denial and imposition of costs.
(c) Remedies available.
2073. Private enforcement.
2074. Private remedies.
(a) Liability at common law or under State statute not relieved by
compliance.
(b) Evidence of Commission's inaction inadmissible in actions
relating to consumer products.
(c) Public information.
2075. State standards.
(a) State compliance to Federal standards.
(b) Consumer product safety requirements which impose performance
standards more stringent than Federal standards.
(c) Exemptions.
2076. Additional functions of Consumer Product Safety Commission.
(a) Authority to conduct hearings or other inquiries.
(b) Commission powers; orders.
(c) Noncompliance with subpena or Commission order; contempt.
(d) Disclosure of information.
(e) Performance and technical data.
(f) Purchase of consumer products by Commission.
(g) Contract authority.
(h) Research, development, and testing facilities.
(i) Recordkeeping; audit.
(j) Report to President and Congress.
(k) Budget estimates and requests; legislative recommendations;
testimony; comments on legislation.
2076a. Report on civil penalties.
2077. Chronic Hazard Advisory Panels.
(a) Appointment; purposes.
(b) Composition; membership.
(c) Chairman and Vice Chairman; election; term.
(d) Majority vote.
(e) Administrative support services.
(f) Compensation.
(g) Requests for and disclosures of information.
(h) Information from other Federal departments and agencies.
2078. Cooperation with States and other Federal agencies.
(a) Programs to promote Federal-State cooperation.
(b) Appropriateness of State and local programs.
(c) Cooperation of Federal departments and agencies.
(d) Utilization of National Institute of Standards and Technology.
(e) Copies of accident or investigation reports to other agencies;
conditions.
2079. Transfers of functions.
(a) Hazardous substances and poisons.
(b) Flammable fabrics.
(c) Household refrigerators.
(d) Regulation by Commission of consumer products in accordance with
other provisions of law.
(e) Transfer of personnel, property, records, etc.; continued
application of orders, rules, etc.
(f) ''Function'' defined.
2080. Limitations on jurisdiction of Consumer Product Safety
Commission.
(a) Authority to regulate.
(b) Certain notices of proposed rulemaking; duties of Chronic Hazard
Advisory Panel.
(c) Panel report; incorporation into advance notice and final rule.
2081. Authorization of appropriations.
2082. Interim cellulose insulation safety standard.
(a) Applicability of specification of General Services
Administration; authority and effect of interim standard;
modifications; criteria; labeling requirements.
(b) Scope of judicial review.
(c) Enforcement; violations; promulgation of final standard;
procedures applicable to promulgation; revision of interim standard;
procedures applicable to revision.
(d) Reporting requirements of other Federal departments, agencies,
etc. of violations.
(e) Reporting requirements of Commission to Congressional committees;
contents, time of submission, etc.
(f) Compliance with certification requirements; implementation;
waiver; rules and regulations.
(g) Authorization of appropriations.
2083. Congressional veto of consumer product safety rules.
(a) Transmission to Congress.
(b) Disapproval by concurrent resolution.
(c) Presumptions from Congressional action or inaction.
(d) Continuous session of Congress.
2084. Information reporting.
(a) Notification of settlements or judgments.
(b) Calculation of 24-month periods.
(c) Information required to be reported.
(d) Report not deemed an admission of liability.
(e) Definitions.
15 USC 2051. Congressional findings and declaration of purpose
TITLE 15 -- COMMERCE AND TRADE
(a) The Congress finds that --
(1) an unacceptable number of consumer products which present
unreasonable risks of injury are distributed in commerce;
(2) complexities of consumer products and the diverse nature and
abilities of consumers using them frequently result in an inability of
users to anticipate risks and to safeguard themselves adequately;
(3) the public should be protected against unreasonable risks of
injury associated with consumer products;
(4) control by State and local governments of unreasonable risks of
injury associated with consumer products is inadequate and may be
burdensome to manufacturers;
(5) existing Federal authority to protect consumers from exposure to
consumer products presenting unreasonable risks of injury is inadequate;
and
(6) regulation of consumer products the distribution or use of which
affects interstate or foreign commerce is necessary to carry out this
chapter.
(b) The purposes of this chapter are --
(1) to protect the public against unreasonable risks of injury
associated with consumer products;
(2) to assist consumers in evaluating the comparative safety of
consumer products;
(3) to develop uniform safety standards for consumer products and to
minimize conflicting State and local regulations; and
(4) to promote research and investigation into the causes and
prevention of product-related deaths, illnesses, and injuries.
(Pub. L. 92-573, 2, Oct. 27, 1972, 86 Stat. 1207.)
Section 34 of Pub. L. 92-573 provided that: ''This Act (enacting
this chapter) shall take effect on the sixtieth day following the date
of its enactment (Oct. 27, 1972), except --
''(1) sections 4 and 32 (sections 2053 and 2081 of this title) shall
take effect on the date of enactment of this Act (Oct. 27, 1972), and
''(2) section 30 (section 2079 of this title) shall take effect on
the later of (A) 150 days after the date of enactment of this Act (Oct.
27, 1972), or (B) the date on which at least three members of the
Commission first take office.''
Pub. L. 101-608, 1, Nov. 16, 1990, 104 Stat. 3110, provided that:
''This Act (enacting sections 2076a and 2084 of this title, amending
sections 1193, 1194, 1262, 1274, 2053, 2055, 2056, 2058, 2061, 2064,
2066, 2069, 2077, and 2081 of this title, and enacting provisions set
out as notes under sections 2053, 2054, 2056, 2076, and 2084 of this
title) may be cited as the 'Consumer Product Safety Improvement Act of
1990'.''
Pub. L. 97-35, title XII, 1201(a), Aug. 13, 1981, 95 Stat. 703,
provided that: ''This subtitle (subtitle A ( 1201-1215) of title XII of
Pub. L. 97-35, enacting sections 1204, 1276, 2077, and 2083 of this
title, amending sections 1193, 1201, 1262, 1263, 1274, 2052, 2054 to
2058, 2060, 2061, 2064, 2069, 2072, 2073, 2076, 2080, and 2081 of this
title, repealing sections 1204, 1475, 2059, 2062, and 2077 of this
title, and enacting provisions set out as a note under section 2052 of
this title) may be cited as the 'Consumer Product Safety Amendments of
1981'.''
Pub. L. 95-319, 1, July 11, 1978, 92 Stat. 386, provided: ''That
this Act (enacting section 2082 of this title, amending section 2068 of
this title, and enacting provision set out as a note under section 2082
of this title) may be cited as the 'Emergency Interim Consumer Product
Safety Standard Act of 1978'.''
Pub. L. 94-284, 1, May 11, 1976, 90 Stat. 503, provided that:
''This Act (amending sections 1193, 1203, 1204, 1261, 1471, 1476, 2052,
2053, 2056, 2058 to 2060, 2064, 2068, 2069, 2071 to 2073, 2075, 2076,
2078, 2079, and 2081 of this title, and section 1114 of Title 18, Crimes
and Criminal Procedure, and enacting provisions set out as notes under
sections 1193, 1261, and 2080 of this title) may be cited as the
'Consumer Product Safety Commission Improvements Act of 1976'.''
Section 1 of Pub. L. 92-573 provided that: ''This Act (enacting
this chapter, amending sections 5314 and 5315 of Title 5, Government
Organization and Employees, and enacting provisions set out as notes
under this section) may be cited as the 'Consumer Product Safety Act'.''
Section 33 of Pub. L. 92-573 provided that: ''If any provision of
this Act (see Short Title note above), or the application of such
provision to any person or circumstances, shall be held invalid, the
remainder of this Act, or the application of such provisions to persons
or circumstances other than those as to which it is held invalid, shall
not be affected thereby.''
15 USC 2052. Definitions
TITLE 15 -- COMMERCE AND TRADE
(a) For purposes of this chapter:
(1) The term ''consumer product'' means any article, or component
part thereof, produced or distributed (i) for sale to a consumer for use
in or around a permanent or temporary household or residence, a school,
in recreation, or otherwise, or (ii) for the personal use, consumption
or enjoyment of a consumer in or around a permanent or temporary
household or residence, a school, in recreation, or otherwise; but such
term does not include --
(A) any article which is not customarily produced or distributed for
sale to, or use or consumption by, or enjoyment of, a consumer,
(B) tobacco and tobacco products,
(C) motor vehicles or motor vehicle equipment (as defined by sections
102(3) and (4) of the National Traffic and Motor Vehicle Safety Act of
1966 (15 U.S.C. 1391(3) and (4))),
(D) pesticides (as defined by the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.)),
(E) any article which, if sold by the manufacturer, producer, or
importer, would be subject to the tax imposed by section 4181 of the
Internal Revenue Code of 1986 (26 U.S.C. 4181) (determined without
regard to any exemptions from such tax provided by section 4182 or 4221,
or any other provision of such Code), or any component of any such
article,
(F) aircraft, aircraft engines, propellers, or appliances (as defined
in section 101 of the Federal Aviation Act of 1958 (49 App. U. S.C.
1301)),
(G) boats which could be subjected to safety regulation under chapter
43 of title 46; vessels, and appurtenances to vessels (other than such
boats), which could be subjected to safety regulation under title 52 of
the Revised Statutes or other marine safety statutes administered by the
department in which the Coast Guard is operating; and equipment
(including associated equipment, as defined in section 2101(1) of title
46) to the extent that a risk of injury associated with the use of such
equipment on boats or vessels could be eliminated or reduced by actions
taken under any statute referred to in this subparagraph,
(H) drugs, devices, or cosmetics (as such terms are defined in
sections 201(g), (h), and (i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(g), (h), and (i))), or
(I) food. The term ''food'', as used in this subparagraph means all
''food'', as defined in section 201(f) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(f)), including poultry and poultry products
(as defined in sections 4(e) and (f) of the Poultry Products Inspection
Act (21 U.S.C. 453(e) and (f))), meat, meat food products (as defined in
section 1(j) of the Federal Meat Inspection Act (21 U.S.C. 601(j))), and
eggs and egg products (as defined in section 4 of the Egg Products
Inspection Act (21 U.S.C. 1033)).
Such term includes any mechanical device which carries or conveys
passengers along, around, or over a fixed or restricted route or course
or within a defined area for the purpose of giving its passengers
amusement, which is customarily controlled or directed by an individual
who is employed for that purpose and who is not a consumer with respect
to such device, and which is not permanently fixed to a site. Such term
does not include such a device which is permanently fixed to a site.
Except for the regulation under this chapter or the Federal Hazardous
Substances Act (15 U.S.C. 1261 et seq.) of fireworks devices or any
substance intended for use as a component of any such device, the
Commission shall have no authority under the functions transferred
pursuant to section 2079 of this title to regulate any product or
article described in subparagraph (E) of this paragraph or described,
without regard to quantity, in section 845(a)(5) of title 18. See
sections 2079(d) and 2080 of this title, for other limitations on
Commission's authority to regulate certain consumer products.
(2) The term ''consumer product safety rule'' means a consumer
products safety standard described in section 2056(a) of this title, or
a rule under this chapter declaring a consumer product a banned
hazardous product.
(3) The term ''risk of injury'' means a risk of death, personal
injury, or serious or frequent illness.
(4) The term ''manufacturer'' means any person who manufactures or
imports a consumer product.
(5) The term ''distributor'' means a person to whom a consumer
product is delivered or sold for purposes of distribution in commerce,
except that such term does not include a manufacturer or retailer of
such product.
(6) The term ''retailer'' means a person to whom a consumer product
is delivered or sold for purposes of sale or distribution by such person
to a consumer.
(7)(A) The term ''private labeler'' means an owner of a brand or
trademark on the label of a consumer product which bears a private
label.
(B) A consumer product bears a private label if (i) the product (or
its container) is labeled with the brand or trademark of a person other
than a manufacturer of the product, (ii) the person with whose brand or
trademark the product (or container) is labeled has authorized or caused
the product to be so labeled, and (iii) the brand or trademark of a
manufacturer of such product does not appear on such label.
(8) The term ''manufactured'' means to manufacture, produce, or
assemble.
(9) The term ''Commission'' means the Consumer Product Safety
Commission, established by section 2053 of this title.
(10) The term ''State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, Wake Island,
Midway Island, Kingman Reef, Johnston Island, the Canal Zone, American
Samoa, or the Trust Territory of the Pacific Islands.
(11) The terms ''to distribute in commerce'' and ''distribution in
commerce'' mean to sell in commerce, to introduce or deliver for
introduction into commerce, or to hold for sale or distribution after
introduction into commerce.
(12) The term ''commerce'' means trade, traffic, commerce, or
transportation --
(A) between a place in a State and any place outside thereof, or
(B) which affects trade, traffic, commerce, or transportation
described in subparagraph (A).
(13) The terms ''import'' and ''importation'' include reimporting a
consumer product manufactured or processed, in whole or in part, in the
United States.
(14) The term ''United States'', when used in the geographic sense,
means all of the States (as defined in paragraph (10)).
(b) A common carrier, contract carrier, or freight forwarder shall
not, for purposes of this chapter, be deemed to be a manufacturer,
distributor, or retailer of a consumer product solely by reason of
receiving or transporting a consumer product in the ordinary course of
its business as such a carrier or forwarder.
(Pub. L. 92-573, 3, Oct. 27, 1972, 86 Stat. 1208; Pub. L. 94-284,
3(b), (d), May 11, 1976, 90 Stat. 503; Pub. L. 97-35, title XII, 1213,
Aug. 13, 1981, 95 Stat. 724; Pub. L. 99-514, 2, Oct. 22, 1986, 100
Stat. 2095.)
The Federal Insecticide, Fungicide, and Rodenticide Act, referred to
in subsec. (a)(1)(D), is act June 25, 1947, ch. 125, as amended
generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, as amended,
which is classified generally to subchapter II ( 136 et seq.) of chapter
6 of Title 7, Agriculture. For complete classification of this Act to
the Code, see Short Title note set out under section 136 of Title 7 and
Tables.
Title 52 of the Revised Statutes, referred to in subsec. (a)(1)(G),
consisted of R.S. 4399 to 4500, which were classified to sections 170,
214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234, 239, 240, 361, 362,
364, 371 to 373, 375 to 382, 384, 385, 391, 391a, 392 to 394, 399 to
404, 405 to 416, 435 to 440, 451 to 453, 460, 461 to 463, 464, 466, 467
to 482, and 489 to 498 of former Title 46, Shipping. For complete
classification of R.S. 4399 to 4500 to the Code, see Tables. A majority
of such sections of the Revised Statutes were repealed and various
provisions thereof were reenacted in Title 46, Shipping, by Pub. L.
98-89, Aug. 26, 1983, 97 Stat. 500. For disposition of sections of
former Title 46 into revised Title 46, Shipping, see Table at beginning
of Title 46.
The Federal Hazardous Substances Act, referred to in the provisions
following subsec. (a)(1)(I), is Pub. L. 86-613, July 12, 1960, 74
Stat. 372, as amended, which is classified generally to chapter 30 (
1261 et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 1261 of this title
and Tables.
For definition of Canal Zone, referred to in subsec. (a)(10), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
In subsec. (a)(1)(G), ''chapter 43 of title 46'' and ''section
2101(1) of title 46'' substituted for ''the Federal Boat Safety Act of
1971 (46 U.S.C. 1451 et seq.)'' and ''section 3(8) of the Federal Boat
Safety Act of 1971 (46 U.S.C. 1452(8))'', respectively, on authority of
Pub. L. 98-89, 2(b), Aug. 26, 1983, 97 Stat. 598, section 1 of which
enacted Title 46, Shipping.
1986 -- Subsec. (a)(1)(E). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954''.
1981 -- Subsec. (a)(1). Pub. L. 97-35 inserted provisions that term
''consumer product'' includes any mechanical device which carries or
conveys passengers along, around, or over a fixed or restricted route or
course or within a defined area for the purpose of giving its passengers
amusement, which is customarily controlled or directed by an individual
who is employed for that purpose and who is not a consumer with respect
to such device, and which is not permanently fixed to a site and that
such term does not include such a device which is permanently fixed to a
site.
1976 -- Subsec. (a)(1). Pub. L. 94-284 substituted in subpar. (D)
''pesticides'' for ''economic poisons'', and in provision following
subpar. (I) ''other limitations'' for ''limitations'', and inserted
provision which limited the authority of the Commission to regulate any
product or article described in subpar. (E).
Section 1215 of Pub. L. 97-35 provided that:
''(a) Except as provided in subsection (b), the amendments made by
this subtitle (see Short Title of 1981 Amendment note set out under
section 2051 of this title) shall take effect on the date of the
enactment of this Act (Aug. 13, 1981).
''(b) The amendments made by section 1207 (enacting sections 1204,
1276, and 2083 of this title and amending section 2076 of this title)
shall apply with respect to consumer product safety rules under the
Consumer Product Safety Act (this chapter) and regulations under the
Federal Hazardous Substances Act (section 1261 et seq. of this title)
and the Flammable Fabrics Act (section 1191 et seq. of this title)
promulgated by the Consumer Product Safety Commission after the date of
the enactment of this Act (Aug. 13, 1981); and the amendments made by
sections 1202, 1203, and 1206 of this subtitle (enacting section 2077 of
this title and amending sections 1193, 1262, 2056, 2057, 2058, and 2080
of this title) shall apply with respect to regulations under the
Consumer Product Safety Act, the Federal Hazardous Substances Act, and
the Flammable Fabrics Act for which notices of proposed rulemaking are
issued after August 14, 1981.''
15 USC 2053. Consumer Product Safety Commission
TITLE 15 -- COMMERCE AND TRADE
(a) Establishment; Chairman
An independent regulatory commission is hereby established, to be
known as the Consumer Product Safety Commission, consisting of five
Commissioners who shall be appointed by the President, by and with the
advice and consent of the Senate. In making such appointments, the
President shall consider individuals who, by reason of their background
and expertise in areas related to consumer products and protection of
the public from risks to safety, are qualified to serve as members of
the Commission. The Chairman shall be appointed by the President, by
and with the advice and consent of the Senate, from among the members of
the Commission. An individual may be appointed as a member of the
Commission and as Chairman at the same time. Any member of the
Commission may be removed by the President for neglect of duty or
malfeasance in office but for no other cause.
(b) Term; vacancies
(1) Except as provided in paragraph (2), (A) the Commissioners first
appointed under this section shall be appointed for terms ending three,
four, five, six, and seven years, respectively, after October 27, 1972,
the term of each to be designated by the President at the time of
nomination; and (B) each of their successors shall be appointed for a
term of seven years from the date of the expiration of the term for
which his predecessor was appointed.
(2) Any Commissioner appointed to fill a vacancy occurring prior to
the expiration of the term for which his predecessor was appointed shall
be appointed only for the remainder of such term. A Commissioner may
continue to serve after the expiration of this term until his successor
has taken office, except that he may not so continue to serve more than
one year after the date on which his term would otherwise expire under
this subsection.
(c) Restrictions on Commissioner's outside activities
Not more than three of the Commissioners shall be affiliated with the
same political party. No individual (1) in the employ of, or holding
any official relation to, any person engaged in selling or manufacturing
consumer products, or (2) owning stock or bonds of substantial value in
a person so engaged, or (3) who is in any other manner pecuniarily
interested in such a person, or in a substantial supplier of such a
person, shall hold the office of Commissioner. A Commissioner may not
engage in any other business, vocation, or employment.
(d) Quorum; seal; Vice Chairman
No vacancy in the Commission shall impair the right of the remaining
Commissioners to exercise all the powers of the Commission, but three
members of the Commission shall constitute a quorum for the transaction
of business, except that if there are only three members serving on the
Commission because of vacancies in the Commission, two members of the
Commission shall constitute a quorum for the transaction of business,
and if there are only two members serving on the Commission because of
vacancies in the Commission, two members shall constitute a quorum for
the six month period beginning on the date of the vacancy which caused
the number of Commission members to decline to two. The Commission
shall have an official seal of which judicial notice shall be taken.
The Commission shall annually elect a Vice Chairman to act in the
absence or disability of the Chairman or in case of a vacancy in the
office of the Chairman.
(e) Offices
The Commission shall maintain a principal office and such field
offices as it deems necessary and may meet and exercise any of its
powers at any other place.
(f) Functions of Chairman; request for appropriations
(1) The Chairman of the Commission shall be the principal executive
officer of the Commission, and he shall exercise all of the executive
and administrative functions of the Commission, including functions of
the Commission with respect to (A) the appointment and supervision of
personnel employed under the Commission (other than personnel employed
regularly and full time in the immediate offices of commissioners other
than the Chairman), (B) the distribution of business among personnel
appointed and supervised by the Chairman and among administrative units
of the Commission, and (C) the use and expenditure of funds.
(2) In carrying out any of his functions under the provisions of this
subsection the Chairman shall be governed by general policies of the
Commission and by such regulatory decisions, findings, and
determinations as the Commission may by law be authorized to make.
(3) Requests or estimates for regular, supplemental, or deficiency
appropriations on behalf of the Commission may not be submitted by the
Chairman without the prior approval of the Commission.
(g) Executive Director; officers and employees
(1)(A) The Chairman, subject to the approval of the Commission, shall
appoint as officers of the Commission an Executive Director, a General
Counsel, an Associate Executive Director for Engineering Sciences, an
Associate Executive Director for Epidemiology, an Associate Executive
Director for Compliance and Administrative Litigation, an Associate
Executive Director for Health Sciences, an Associate Executive Director
for Economic Analysis, an Associate Executive Director for
Administration, an Associate Executive Director for Field Operations, a
Director for Office of Program, Management, and Budget, and a Director
for Office of Information and Public Affairs. Any other individual
appointed to a position designated as an Associate Executive Director
shall be appointed by the Chairman, subject to the approval of the
Commission. The Chairman may only appoint an attorney to the position
of Associate Executive Director of Compliance and Administrative
Litigation except the position of acting Associate Executive Director of
Compliance and Administrative Litigation.
(B)(i) No individual may be appointed to such a position on an acting
basis for a period longer than 90 days unless such appointment is
approved by the Commission.
(ii) The Chairman, with the approval of the Commission, may remove
any individual serving in a position appointed under subparagraph (A).
(C) Subparagraph (A) shall not be construed to prohibit appropriate
reorganizations or changes in classification.
(2) The Chairman, subject to subsection (f)(2) of this section, may
employ such other officers and employees (including attorneys) as are
necessary in the execution of the Commission's functions.
(3) In addition to the number of positions authorized by section
5108(a) of title 5, the Chairman, subject to the approval of the
Commission, and subject to the standards and procedures prescribed by
chapter 51 of title 5, may place a total of twelve positions in grades
GS-16, GS-17, and GS-18.
(4) The appointment of any officer (other than a Commissioner) or
employee of the Commission shall not be subject, directly or indirectly,
to review or approval by any officer or entity within the Executive
Office of the President.
(h) Omitted
(i) Civil action against United States
Subsections (a) and (h) of section 2680 of title 28 do not prohibit
the bringing of a civil action on a claim against the United States
which --
(1) is based upon --
(A) misrepresentation or deceit on the part of the Commission or any
employee thereof, or
(B) any exercise or performance, or failure to exercise or perform, a
discretionary function on the part of the Commission or any employee
thereof, which exercise, performance, or failure was grossly negligent;
and
(2) is not made with respect to any agency action (as defined in
section 551(13) of title 5).
In the case of a civil action on a claim based upon the exercise or
performance of, or failure to exercise or perform, a discretionary
function, no judgment may be entered against the United States unless
the court in which such action was brought determines (based upon
consideration of all the relevant circumstances, including the statutory
responsibility of the Commission and the public interest in encouraging
rather than inhibiting the exercise of discretion) that such exercise,
performance, or failure to exercise or perform was unreasonable.
(j) Agenda and priorities; establishment and comments
At least 30 days before the beginning of each fiscal year, the
Commission shall establish an agenda for Commission action under the
Acts under its jurisdiction and, to the extent feasible, shall establish
priorities for such actions. Before establishing such agenda and
priorities, the Commission shall conduct a public hearing on the agenda
and priorities and shall provide reasonable opportunity for the
submission of comments.
(Pub. L. 92-573, 4, Oct. 27, 1972, 86 Stat. 1210; Pub. L. 94-284,
4, 5(a), May 11, 1976, 90 Stat. 504; Pub. L. 95-631, 2, Nov. 10,
1978, 92 Stat. 3742; Pub. L. 96-373, Oct. 3, 1980, 94 Stat. 1366; Pub.
L. 101-608, title I, 102-105(a), Nov. 16, 1990, 104 Stat. 3110, 3111.)
Subsec. (h) of this section amended sections 5314 and 5315 of Title
5, Government Organization and Employees.
1990 -- Subsec. (a). Pub. L. 101-608, 102, inserted after first
sentence ''In making such appointments, the President shall consider
individuals who, by reason of their background and expertise in areas
related to consumer products and protection of the public from risks to
safety, are qualified to serve as members of the Commission.''
Subsec. (d). Pub. L. 101-608, 103, inserted before period at end of
first sentence '', except that if there are only three members serving
on the Commission because of vacancies in the Commission, two members of
the Commission shall constitute a quorum for the transaction of
business, and if there are only two members serving on the Commission
because of vacancies in the Commission, two members shall constitute a
quorum for the six month period beginning on the date of the vacancy
which caused the number of Commission members to decline to two''.
Subsec. (g)(1). Pub. L. 101-608, 104, amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ''The Chairman, subject
to the approval of the Commission, shall appoint an Executive Director,
a General Counsel, a Director of Engineering Sciences, a Director of
Epidemiology, and a Director of Information. No individual so appointed
may receive pay in excess of the annual rate of basic pay in effect for
grade GS-18 of the General Schedule.''
Subsec. (j). Pub. L. 101-608, 105(a), added subsec. (j).
1980 -- Subsec. (g)(2). Pub. L. 96-373 struck out prohibition
against regular personnel acceptance of employment or compensation from
manufacturer subject to this chapter for period of twelve months
following termination of employment with Commission when compensated
within preceding period of twelve months at rate in excess of annual
rate of basic pay in effect for grade GS-14 of the General Schedule.
1978 -- Subsec. (a). Pub. L. 95-631, 2(a), substituted ''Senate.
The Chairman shall be appointed by the President, by and with the advice
and consent of the Senate, from among the members of the Commission. An
individual may be appointed as a member of the Commission and as
Chairman at the same time.'' for ''Senate, one of whom shall be
designated by the President as Chairman. The Chairman, when so
designated shall act as Chairman until the expiration of his term of
office as Commissioner.''
Subsec. (i)(1)(A), (B). Pub. L. 95-631, 2(b), struck out ''before
January 1, 1978,'' after ''deceit'' in cl. (A) and ''before January 1,
1978'' after ''employee thereof'' in cl. (B).
1976 -- Subsec. (f)(3). Pub. L. 94-284, 4(a), added par. (3).
Subsec. (g). Pub. L. 94-284, 4(b), substituted ''regular'' for
''full-time'' before ''officer or employee of the Commission'' and added
pars. (3) and (4).
Subsec (i). Pub. L. 94-284, 5, added subsec. (i).
Section 105(b) of Pub. L. 101-608 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply with respect
to fiscal years which begin more than 180 days after the date of the
enactment of this Act (Nov. 16, 1990).''
Section effective Oct. 27, 1972, see section 34(1) of Pub. L.
92-573, set out as a note under section 2051 of this title.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
15 USC 2054. Product safety information and research
TITLE 15 -- COMMERCE AND TRADE
(a) Injury Information Clearinghouse; duties
The Commission shall --
(1) maintain an Injury Information Clearinghouse to collect,
investigate, analyze, and disseminate injury data, and information,
relating to the causes and prevention of death, injury, and illness
associated with consumer products;
(2) conduct such continuing studies and investigations of deaths,
injuries, diseases, other health impairments, and economic losses
resulting from accidents involving consumer products as it deems
necessary;
(3) following publication of an advance notice of proposed rulemaking
or a notice of proposed rulemaking for a product safety rule under any
rulemaking authority administered by the Commission, assist public and
private organizations or groups of manufacturers, administratively and
technically, in the development of safety standards addressing the risk
of injury identified in such notice; and
(4) to the extent practicable and appropriate (taking into account
the resources and priorities of the Commission), assist public and
private organizations or groups of manufacturers, administratively and
technically, in the development of product safety standards and test
methods.
(b) Research, investigation and testing of consumer products
The Commission may --
(1) conduct research, studies, and investigations on the safety of
consumer products and on improving the safety of such products;
(2) test consumer products and develop product safety test methods
and testing devices; and
(3) offer training in product safety investigation and test methods.
(c) Grants and contracts for conduct of functions
In carrying out its functions under this section, the Commission may
make grants or enter into contracts for the conduct of such functions
with any person (including a governmental entity).
(d) Availability to public of information
Whenever the Federal contribution for any information, research, or
development activity authorized by this chapter is more than minimal,
the Commission shall include in any contract, grant, or other
arrangement for such activity, provisions effective to insure that the
rights to all information, uses, processes, patents, and other
developments resulting from that activity will be made available to the
public without charge on a nonexclusive basis. Nothing in this
subsection shall be construed to deprive any person of any right which
he may have had, prior to entering into any arrangement referred to in
this subsection, to any patent, patent application, or invention.
(Pub. L. 92-573, 5, Oct. 27, 1972, 86 Stat. 1211; Pub. L. 97-35,
title XII, 1209(a), (b), Aug. 13, 1981, 95 Stat. 720.)
1981 -- Subsec. (a)(3), (4). Pub. L. 97-35, 1209(a), added pars.
(3) and (4).
Subsec. (b)(3). Pub. L. 97-35, 1209(b), struck out provision that the
Commission may assist public and private organizations, administratively
and technically, in the development of safety standards and test
methods.
Amendment by Pub. L. 97-35, effective Aug. 13, 1981, see section
1215 of Pub. L. 97-35, set out as a note under section 2052 of this
title.
Pub. L. 101-608, title II, 204, Nov. 16, 1990, 104 Stat. 3124,
provided that: ''The Consumer Product Safety Commission shall conduct a
study of requiring manufacturers of consumer products to include
aversive agents, as appropriate, in products which present a hazard if
ingested to determine the potential effectiveness of the aversive agents
in deterring ingestion. In conducting the study, the Commission shall
consult with appropriate consumer, health, and business organizations
and appropriate government agencies. The Commission shall report to
Congress the status of the study within one year of the date of the
enactment of this Act (Nov. 16, 1990) and shall complete the study not
later than 2 years after such date of enactment.''
Pub. L. 101-352, Aug. 10, 1990, 104 Stat. 405, provided that:
''SECTION 1. SHORT TITLE; FINDINGS.
''(a) Short Title. -- This Act may be cited as the 'Fire Safe
Cigarette Act of 1990'.
''(b) Findings. -- The Congress finds that --
''(1) cigarette-ignited fires are the leading cause of fire deaths in
the United States,
''(2) in 1987, there were 1,492 deaths from cigarette-ignited fires,
3,809 serious injuries, and $395,000,000 in property damage caused by
such fires,
''(3) the final report of the Technical Study Group on Cigarette and
Little Cigar Fire Safety under the Cigarette Safety Act of 1984 (set out
below) determined that (A) it is technically feasible and may be
commercially feasible to develop a cigarette that will have a
significantly reduced propensity to ignite furniture and mattresses, and
(B) the overall impact on other aspects of the United States society and
economy may be minimal,
''(4) the final report of the Technical Study Group on Cigarette and
Little Cigar Fire Safety under the Cigarette Safety Act of 1984 further
determined that the value of a cigarette with less of a likelihood to
ignite furniture and mattresses which would prevent property damage and
personal injury and loss of life is economically incalculable,
''(5) it is appropriate for the Congress to require by law the
completion of the research described in the final report of the
Technical Study Group on Cigarette and Little Cigar Fire Safety and an
assessment of the practicability of developing a performance standard to
reduce cigarette ignition propensity, and
''(6) it is appropriate for the Consumer Product Safety Commission to
utilize its expertise to complete the recommendations for further work
and report to Congress in a timely fashion.
''SEC. 2. COMPLETION OF FIRE SAFETY RESEARCH.
''(a) Center for Fire Research. -- At the request of the Consumer
Product Safety Commission, the National Institute for Standards and
Technology's Center for Fire Research shall --
''(1) develop a standard test method to determine cigarette ignition
propensity,
''(2) compile performance data for cigarettes using the standard test
method developed under paragraph (1), and
''(3) conduct laboratory studies on and computer modeling of ignition
physics to develop valid, user-friendly predictive capability.
The Commission shall make such request not later than the expiration
of 30 days after the date of the enactment of this Act (Aug. 10, 1990).
''(b) Commission. -- The Consumer Product Safety Commission shall --
''(1) design and implement a study to collect baseline and followup
data about the characteristics of cigarettes, products ignited, and
smokers involved in fires, and
''(2) develop information on societal costs of cigarette-ignited
fires.
''(c) Health and Human Services. -- The Consumer Product Safety
Commission, in consultation with the Secretary of Health and Human
Services, shall develop information on changes in the toxicity of smoke
and resultant health effects from cigarette prototypes. The Commission
shall not obligate more than $50,000 to develop such information.
''SEC. 3. ADVISORY GROUP.
''(a) Establishment. -- There is established the Technical Advisory
Group to advise and work with the Consumer Product Safety Commission and
National Institute for Standards and Technology's Center for Fire
Research on the implementation of this Act. The Technical Advisory
Group may hold hearings to develop information to carry out its
functions. The Technical Advisory Group shall terminate 1 month after
the submission of the final report of the Chairman of the Consumer
Product Safety Commission under section 4.
''(b) Members. -- The Technical Advisory Group shall consist of the
same individuals appointed to the Technical Study Group on Cigarette and
Little Cigar Fire Safety under section 3(a) of the Cigarette Safety Act
of 1984 (set out below). If such an individual is unavailable to serve
on the Technical Advisory Group, the entity which such individual
represented on such Technical Study Group shall submit to the Chairman
of the Consumer Product Safety Commission the name of another individual
to be appointed by the Chairman to represent such group on the Technical
Advisory Group.
''SEC. 4. REPORTS.
''The Chairman of the Consumer Product Safety Commission, in
consultation with the Technical Advisory Group, shall submit to Congress
three reports on the activities undertaken under section 2 as follows:
The first such report shall be made not later than 13 months after the
date of the enactment of this Act (Aug. 10, 1990), the second such
report shall be made not later than 25 months after such date, and the
final such report shall be made not later than 36 months after such
date.
''SEC. 5. CONFIDENTIALITY.
''(a) In General. -- Any information provided to the National
Institute for Standards and Technology's Center for Fire Research, to
the Consumer Product Safety Commission, or to the Technical Advisory
Group under section 2 which is designated as trade secret or
confidential information shall be treated as trade secret or
confidential information subject to section 552(b)(4) of title 5, United
States Code, and section 1905 of title 18, United States Code, and shall
not be revealed, except as provided under subsection (b). No member or
employee of the Center for Fire Research, the Consumer Product Safety
Commission, or the Technical Advisory Group and no person assigned to or
consulting with the Center for Fire Research, the Consumer Product
Safety Commission, or the Technical Advisory Group, shall disclose any
such information to any person who is not a member or employee of,
assigned to, or consulting with, the Center for Fire Research, Consumer
Product Safety Commission, or the Technical Advisory Group unless the
person submitting such information specifically and in writing
authorizes such disclosure.
''(b) Construction. -- Subsection (a) does not authorize the
withholding of any information from any duly authorized subcommittee or
committee of the Congress, except that if a subcommittee or committee of
the Congress requests the Consumer Product Safety Commission, the
National Institute for Standards and Technology's Center for Fire
Research, or the Technical Advisory Group to provide such information,
the Commission, the Center for Fire Research, or Technical Advisory
Group shall notify the person who provided the information of such a
request in writing.''
Pub. L. 99-500, 110, Oct. 18, 1986, 100 Stat. 1783-348, and Pub.
L. 99-591, 110, Oct. 30, 1986, 100 Stat. 3341-348, provided that:
''The Interagency Committee on Cigarette and Little Cigar Fire Safety,
established pursuant to Public Law 98-567 (set out as a note below),
shall have an additional six months to complete its final technical
report and submit policy recommendations to the Congress.''
Pub. L. 98-567, Oct. 30, 1984, 98 Stat. 2925, as amended by Pub.
L. 100-418, title V, 5115(c), Aug. 23, 1988, 102 Stat. 1433, provided:
''That this Act may be cited as the 'Cigarette Safety Act of 1984'.
''Sec. 2. (a) There is established the Interagency Committee on
Cigarette and Little Cigar Fire Safety (hereinafter in this Act referred
to as the 'Interagency Committee') which shall consist of --
''(1) the Chairman of the Consumer Product Safety Commission, who
shall be the Chairman of the Interagency Committee;
''(2) the United States Fire Administrator in the Federal Emergency
Management Agency, who shall be the Vice Chairman of the Interagency
Committee; and
''(3) the Assistant Secretary of Health in the Department of Health
and Human Services.
''(b) The Interagency Committee shall direct, oversee, and review the
work of the Technical Study Group on Cigarette and Little Cigar Fire
Safety (established under section 3) conducted under section 4 and shall
make such policy recommendations to the Congress as it deems
appropriate. The Interagency Committee may retain and contract with
such consultants as it deems necessary to assist the Study Group in
carrying out its functions under section 4. The Interagency Committee
may request the head of any Federal department or agency to detail any
of the personnel of the department or agency to assist the Interagency
Committee or the Study Group in carrying out its responsibilities. The
authority of the Interagency Committee to enter into contracts shall be
effective for any fiscal year only to such extent or in such amounts as
are provided in advance by appropriation Acts.
''(c) For the purpose of carrying out section 4, the Interagency
Committee or the Study Group, with the advice and consent of the
Interagency Committee, may hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence, as the
Interagency Committee or the Study Group considers appropriate.
''Sec. 3. (a) There is established the Technical Study Group on
Cigarette and Little Cigar Fire Safety (hereinafter in this Act referred
to as the 'Study Group') which shall consist of --
''(1) one scientific or technical representative each from the
Consumer Product Safety Commission, the Center for Fire Research of the
National Institute of Standards and Technology, the National Cancer
Institute, the Federal Trade Commission, and the Federal Emergency
Management Agency, the appointment of whom shall be made by the heads of
those agencies;
''(2) four scientific or technical representatives appointed by the
Chairman of the Interagency Committee, by and with the advice and
consent of the Interagency Committee, from a list of individuals
submitted by the Tobacco Institute;
''(3) two scientific or technical representatives appointed by the
Chairman of the Interagency Committee, by and with the advice and
consent of the Interagency Committee, who are selected from lists of
individuals submitted by the following organizations: the American Burn
Association, the American Public Health Association, and the American
Medical Association;
''(4) two scientific or technical representatives appointed by the
Chairman of the Interagency Committee, by and with the advice and
consent of the Interagency Committee, who are selected from lists of
individuals submitted by the following organizations: the National Fire
Protection Association, the International Association of Fire Chiefs,
the International Association of Fire Fighters, the International
Society of Fire Service Instructors, and the National Volunteer Fire
Council; and
''(5) one scientific or technical representative appointed by the
Chairman of the Interagency Committee, by and with the advice and
consent of the Interagency Committee, from lists of individuals
submitted by the Business and Institutional Furniture Manufacturers
Association and one scientific or technical representative appointed by
the Chairman, by and with the advice and consent of the Interagency
Committee, from lists of individuals submitted by the American Furniture
Manufacturers Association.
''(b) The persons appointed to serve on the Study Group may
designate, with the advice and consent of the Interagency Committee,
from among their number such persons to serve as team leaders,
coordinators, or chairpersons as they deem necessary or appropriate to
carry out the Study Group's functions under section 4.
''Sec. 4. The Study Group shall undertake, subject to oversight and
review by the Interagency Committee, such studies and other activities
as it considers necessary and appropriate to determine the technical and
commercial feasibility, economic impact, and other consequences of
developing cigarettes and little cigars that will have a minimum
propensity to ignite upholstered furniture or mattresses. Such
activities include identification of the different physical
characteristics of cigarettes and little cigars which have an impact on
the ignition of upholstered furniture and mattresses, an analysis of the
feasibility of altering any pertinent characteristics to reduce ignition
propensity, and an analysis of the possible costs and benefits, both to
the industry and the public, associated with any such product
modification.
''Sec. 5. The Interagency Committee shall submit one year after the
date of enactment of this Act (Oct. 30, 1984) a status report to the
Senate and the House of Representatives describing the activities
undertaken under section 4 during the preceding year. The Interagency
Committee shall submit a final technical report, prepared by the Study
Group, to the Senate and the House of Representatives not later than
thirty months after the date of enactment of this Act (Oct. 30, 1984).
The Interagency Committee shall provide to the Congress, within sixty
days after the submission of the final technical report, any policy
recommendations the Interagency Committee deems appropriate. The
Interagency Committee and the Study Group shall terminate one month
after submission of the policy recommendations prescribed by this
section.
''Sec. 6. (a) Any information provided to the Interagency Committee
or to the Study Group under section 4 which is designated as trade
secret or confidential information shall be treated as trade secret or
confidential information subject to section 552(b)(4) of title 5, United
States Code, and section 1905 of title 18, United States Code, and shall
not be revealed, except as provided under subsection (b). No member of
the Study Group or Interagency Committee, and no person assigned to or
consulting with the Study Group, shall disclose any such information to
any person who is not a member of, assigned to, or consulting with, the
Study Group or Interagency Committee unless the person submitting such
information specifically and in writing authorizes such disclosure.
''(b) Subsection (a) does not authorize the withholding of any
information from any duly authorized subcommittee or committee of the
Congress, except that if a subcommittee or committee of the Congress
requests the Interagency Committee to provide such information, the
Chairman of the Interagency Committee shall notify the person who
provided the information of such a request in writing.
''(c) The Interagency Committee shall, on the vote of a majority of
its members, adopt reasonable procedures to protect the confidentiality
of trade secret and confidential information, as defined in this
section.
''Sec. 7. As used in this Act, the terms 'cigarettes' and 'little
cigars' have the meanings given such terms by section 3 of the Federal
Cigarette Labeling and Advertising Act (15 U.S.C. 1332).''
15 USC 2055. Public disclosure of information
TITLE 15 -- COMMERCE AND TRADE
(a) Disclosure requirements for manufacturers or private labelers;
procedures applicable
(1) Nothing contained in this Act shall be construed to require the
release of any information described by subsection (b) of section 552 of
title 5 or which is otherwise protected by law from disclosure to the
public.
(2) All information reported to or otherwise obtained by the
Commission or its representative under this Act which information
contains or relates to a trade secret or other matter referred to in
section 1905 of title 18 or subject to section 552(b)(4) of title 5
shall be considered confidential and shall not be disclosed.
(3) The Commission shall, prior to the disclosure of any information
which will permit the public to ascertain readily the identity of a
manufacturer or private labeler of a consumer product, offer such
manufacturer or private labeler an opportunity to mark such information
as confidential and therefore barred from disclosure under paragraph
(2).
(4) All information that a manufacturer or private labeler has marked
to be confidential and barred from disclosure under paragraph (2),
either at the time of submission or pursuant to paragraph (3), shall not
be disclosed, except in accordance with the procedures established in
paragraphs (5) and (6).
(5) If the Commission determines that a document marked as
confidential by a manufacturer or private labeler to be barred from
disclosure under paragraph (2) may be disclosed because it is not
confidential information as provided in paragraph (2), the Commission
shall notify such person in writing that the Commission intends to
disclose such document at a date not less than 10 days after the date of
receipt of notification.
(6) Any person receiving such notification may, if he believes such
disclosure is barred by paragraph (2), before the date set for release
of the document, bring an action in the district court of the United
States in the district in which the complainant resides, or has his
principal place or business, or in which the documents are located, or
in the United States District Court for the District of Columbia to
restrain disclosure of the document. Any person receiving such
notification may file with the appropriate district court or court of
appeals of the United States, as appropriate, an application for a stay
of disclosure. The documents shall not be disclosed until the court has
ruled on the application for a stay.
(7) Nothing in this Act shall authorize the withholding of
information by the Commission or any officer or employee under its
control from the duly authorized committees or subcommittees of the
Congress, and the provisions of paragraphs (2) through (6) shall not
apply to such disclosures, except that the Commission shall immediately
notify the manufacturer or private labeler of any such request for
information designated as confidential by the manufacturer or private
labeler.
(8) The provisions of paragraphs (2) through (6) shall not prohibit
the disclosure of information to other officers, employees, or
representatives of the Commission (including contractors) concerned with
carrying out this Act or when relevant in any administrative proceeding
under this Act or in judicial proceedings to which the Commission is a
party. Any disclosure of relevant information --
(A) in Commission administrative proceedings or in judicial
proceedings to which the Commission is a party, or
(B) to representatives of the Commission (including contractors),
shall be governed by the rules of the Commission (including in camera
review rules for confidential material) for such proceedings or for
disclosures to such representatives or by court rules or orders, except
that the rules of the Commission shall not be amended in a manner
inconsistent with the purposes of this section.
(b) Additional disclosure requirements for manufacturers or private
labelers; procedures applicable
(1) Except as provided by paragraph (4) of this subsection, not less
than 30 days prior to its public disclosure of any information obtained
under this Act, or to be disclosed to the public in connection therewith
(unless the Commission finds that the public health and safety requires
a lesser period of notice and publishes such a finding in the Federal
Register), the Commission shall, to the extent practicable, notify and
provide a summary of the information to, each manufacturer or private
labeler of any consumer product to which such information pertains, if
the manner in which such consumer product is to be designated or
described in such information will permit the public to ascertain
readily the identity of such manufacturer or private labeler, and shall
provide such manufacturer or private labeler with a reasonable
opportunity to submit comments to the Commission in regard to such
information. The Commission shall take reasonable steps to assure,
prior to its public disclosure thereof, that information from which the
identity of such manufacturer or private labeler may be readily
ascertained is accurate, and that such disclosure is fair in the
circumstances and reasonably related to effectuating the purposes of
this Act. In disclosing any information under this subsection, the
Commission may, and upon the request of the manufacturer or private
labeler shall, include with the disclosure any comments or other
information or a summary thereof submitted by such manufacturer or
private labeler to the extent permitted by and subject to the
requirements of this section.
(2) If the Commission determines that a document claimed to be
inaccurate by a manufacturer or private labeler under paragraph (1)
should be disclosed because the Commission believes it has complied with
paragraph (1), the Commission shall notify the manufacturer or private
labeler that the Commission intends to disclose such document at a date
not less than 10 days after the date of the receipt of notification.
The Commission may provide a lesser period of notice of intent to
disclose if the Commission finds that the public health and safety
requires a lesser period of notice and publishes such finding in the
Federal Register.
(3) Prior to the date set for release of the document, the
manufacturer or private labeler receiving the notice described in
paragraph (2) may bring an action in the district court of the United
States in the district in which the complainant resides, or has his
principal place of business, or in which the documents are located or in
the United States District Court for the District of Columbia to enjoin
disclosure of the document. The district court may enjoin such
disclosure if the Commission has failed to take the reasonable steps
prescribed in paragraph (1).
(4) Paragraphs (1) through (3) of this subsection shall not apply to
the public disclosure of (A) information about any consumer product with
respect to which product the Commission has filed an action under
section 2061 of this title (relating to imminently hazardous products),
or which the Commission has reasonable cause to believe is in violation
of section 2068 of this title (relating to prohibited acts); or (B)
information in the course of or concerning a rulemaking proceeding
(which shall commence upon the publication of an advance notice of
proposed rulemaking or a notice of proposed rulemaking), an adjudicatory
proceeding (which shall commence upon the issuance of a complaint) or
other administrative or judicial proceeding under this Act.
(5) In addition to the requirements of paragraph (1), the Commission
shall not disclose to the public information submitted pursuant to
section 2064(b) of this title respecting a consumer product unless --
(A) the Commission has issued a complaint under section 2064(c) or
(d) of this title alleging that such product presents a substantial
product hazard;
(B) in lieu of proceeding against such product under section 2064(c)
or (d) of this title, the Commission has accepted in writing a remedial
settlement agreement dealing with such product; or
(C) the person who submitted the information under section 2064(b) of
this title agrees to its public disclosure.
The provisions of this paragraph shall not apply to the public
disclosure of information with respect to a consumer product which is
the subject of an action brought under section 2061 of this title, or
which the Commission has reasonable cause to believe is in violation of
section 2068(a) of this title, or information in the course of or
concerning a judicial proceeding.
(6) Where the Commission initiates the public disclosure of
information that reflects on the safety of a consumer product or class
of consumer products, whether or not such information would enable the
public to ascertain readily the identity of a manufacturer or private
labeler, the Commission shall establish procedures designed to ensure
that such information is accurate and not misleading.
(7) If the Commission finds that, in the administration of this Act,
it has made public disclosure of inaccurate or misleading information
which reflects adversely upon the safety of any consumer product or
class of consumer products, or the practices of any manufacturer,
private labeler, distributor, or retailer of consumer products, it
shall, in a manner equivalent to that in which such disclosure was made,
take reasonable steps to publish a retraction of such inaccurate or
misleading information.
(8) If, after the commencement of a rulemaking or the initiation of
an adjudicatory proceeding, the Commission decides to terminate the
proceeding before taking final action, the Commission shall, in a manner
equivalent to that in which such commencement or initiation was
publicized, take reasonable steps to make known the decision to
terminate.
(c) Communications with manufacturers
The Commission shall communicate to each manufacturer of a consumer
product, insofar as may be practicable, information as to any
significant risk of injury associated with such product.
(d) ''Act'' defined; coverage
(1) For purposes of this section, the term ''Act'' means the Consumer
Product Safety Act (15 U.S.C. 2051 et seq.), the Flammable Fabrics Act
(15 U.S.C. 1191 et seq.), the Poison Prevention Packaging Act (15 U.S.C.
1471 et seq.), and the Federal Hazardous Substances Act (15 U.S.C. 1261
et seq.).
(2) The provisions of this section shall apply whenever information
is to be disclosed by the Commission, any member of the Commission, or
any employee, agent, or representative of the Commission in an official
capacity.
(e) Disclosure of information regarding civil actions involving
consumer product alleged to have caused death or injury
(1) Notwithstanding the provisions of section 552 of title 5,
subsection (a)(7) of this section, or of any other law, except as
provided in paragraphs (2), (3), and (4), no member of the Commission,
no officer or employee of the Commission, and no officer or employee of
the Department of Justice may --
(A) publicly disclose information furnished under subsection (c)(1)
or (c)(2)(A) of section 2084 of this title;
(B) use such information for any purpose other than to carry out the
Commission's responsibilities; or
(C) permit anyone (other than the members, officers, and employees of
the Commission or officers or employees of the Department of Justice who
require such information for an action filed on behalf of the
Commission) to examine such information.
(2) Any report furnished under subsection (c)(1) or (c)(2)(A) of
section 2084 of this title shall be immune from legal process and shall
not be subject to subpoena or other discovery in any civil action in a
State or Federal court or in any administrative proceeding, except in an
action against such manufacturer under section 2069, 2070, or 2071 of
this title for failure to furnish information required by section 2084
of this title.
(3) The Commission may, upon written request, furnish to any
manufacturer or to the authorized agent of such manufacturer
authenticated copies of reports furnished by or on behalf of such
manufacturer in accordance with section 2084 of this title, upon payment
of the actual or estimated cost of searching the records and furnishing
such copies.
(4) Upon written request of the Chairman or Ranking Minority Member
of the Committee on Commerce, Science, and Transportation of the Senate
or the Committee on Energy and Commerce of the House of Representatives
or any subcommittee of such committee, the Commission shall provide to
the Chairman or Ranking Minority Member any information furnished to the
Commission under section 2084 of this title for purposes that are
related to the jurisdiction of such committee or subcommittee.
(5) Any officer or employee of the Commission or other officer or
employee of the Federal Government who receives information provided
under section 2084 of this title, who willfully violates the
requirements of this subsection shall be subject to dismissal or other
appropriate disciplinary action consistent with procedures and
requirements established by the Office of Personnel Management.
(Pub. L. 92-573, 6, Oct. 27, 1972, 86 Stat. 1212; Pub. L. 97-35,
title XII, 1204, Aug. 13, 1981, 95 Stat. 713; Pub. L. 97-414, 9(j)( 1),
Jan. 4, 1983, 96 Stat. 2064; Pub. L. 101-608, title I, 106, 112( c),
Nov. 16, 1990, 104 Stat. 3111, 3116.)
The Consumer Product Safety Act, referred to in subsec. (d)(1), is
Pub. L. 92-573, Oct. 27, 1972, 86 Stat. 1207, as amended, which is
classified generally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 2051 of
this title and Tables.
The Flammable Fabrics Act, referred to in subsec. (d)(1), is act
June 30, 1953, ch. 164, 67 Stat. 111, as amended, which is classified
generally to chapter 25 ( 1191 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1191 of this title and Tables.
The Poison Prevention Packaging Act, referred to in subsec. (d)(1),
probably means the Poison Prevention Packaging Act of 1970, Pub. L.
91-601, Dec. 30, 1970, 84 Stat. 1670, as amended, which is classified
generally to chapter 39A ( 1471 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1471 of this title and Tables.
The Federal Hazardous Substances Act, referred to in subsec. (d)(1),
is Pub. L. 86-613, July 12, 1960, 74 Stat. 372, as amended, which is
classified generally to chapter 30 ( 1261 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 1261 of this title and Tables.
1990 -- Subsec. (a)(8). Pub. L. 101-608, 106, amended par. (8)
generally. Prior to amendment, par. (8) read as follows: ''The
provisions of paragraphs (2) through (6) shall not prohibit the
disclosure of information to other officers or employees concerned with
carrying out this Act or when relevant in any administrative proceeding
under this Act, or in judicial proceedings to which the Commission is a
party. Any disclosure of relevant information in Commission
administrative proceedings, or in judicial proceedings to which the
Commission is a party, shall be governed by the rules of the Commission
(including in camera review rules for confidential material) for such
proceedings or by court rules or orders, except that the rules of the
Commission shall not be amended in a manner inconsistent with the
purposes of this section.''
Subsec. (e). Pub. L. 101-608, 112(c), added subsec. (e).
1983 -- Subsec. (b)(1). Pub. L. 97-414 substituted ''paragraph (4)''
for ''paragraph (2)''.
1981 -- Subsec. (a)(1). Pub. L. 97-35 amended par. (1) generally,
substituting ''shall be construed'' for ''shall be deemed''.
Subsec. (a)(2). Pub. L. 97-35 amended par. (2) generally,
substituting ''title 18, or subject to section 552(b)(4) of title 5,
shall be considered confidential and shall not be disclosed'' for
''title 18 shall be considered confidential and shall not be disclosed,
except that such information may be disclosed to other officers or
employees concerned with carrying out this chapter or when relevant in
any proceeding under this chapter. Nothing in this chapter shall
authorize the withholding of information by the Commission or any
officer or employee under its control from the duly authorized
committees of the Congress''.
Subsec. (a)(3) to (8). Pub. L. 97-35 added pars. (3) to (8).
Subsec. (b)(1). Pub. L. 97-35 amended par. (1) generally,
substituting ''notice and publishes such a finding in the Federal
Register),'' for ''notice),'', and ''In disclosing any information under
this subsection, the Commission may, and upon the request of the
manufacturer or private labeler shall, include with the disclosure any
comments or other information or a summary thereof submitted by such
manufacturer or private labeler to the extent permitted by and subject
to the requirements of this section'' for ''If the Commission finds
that, in the administration of this chapter, it has made public
disclosure of inaccurate or misleading information which reflects
adversely upon the safety of any consumer product, or the practices of
any manufacturer, private labeler, distributor, or retailer of consumer
products, it shall, in a manner similar to that in which such disclosure
was made, publish a retraction of such inaccurate or misleading
information''.
Subsec. (b)(2) to (4). Pub. L. 97-35 added pars. (2) and (3),
redesignated former par. (2) as (4) and substituted ''Paragraphs (1)
through (3) of this subsection'' for ''Paragraph (1) (except for the
last sentence thereof)'' and ''a rulemaking proceeding (which shall
commence upon the publication of an advance notice of proposed
rulemaking or a notice of proposed rulemaking), an adjudicatory
proceeding (which shall commence upon the issuance of a complaint) or
other administrative or judicial proceeding under this chapter'' for
''any administrative or judicial proceeding under this chapter''.
Subsec. (b)(5) to (8). Pub. L. 97-35 added pars. (5) to (8).
Subsecs. (c), (d). Pub. L. 97-35 reenacted subsec. (c) without
change and added subsec. (d).
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
1215 of Pub. L. 97-35, set out as a note under section 2052 of this
title.
15 USC 2056. Consumer product safety standards
TITLE 15 -- COMMERCE AND TRADE
(a) Types of requirements
The Commission may promulgate consumer product safety standards in
accordance with the provisions of section 2058 of this title. A
consumer product safety standard shall consist of one or more of any of
the following types of requirements:
(1) Requirements expressed in terms of performance requirements.
(2) Requirements that a consumer product be marked with or
accompanied by clear and adequate warnings or instructions, or
requirements respecting the form of warnings or instructions.
Any requirement of such a standard shall be reasonably necessary to
prevent or reduce an unreasonable risk of injury associated with such
product.
(b) Reliance of Commission upon voluntary standards
(1) The Commission shall rely upon voluntary consumer product safety
standards rather than promulgate a consumer product safety standard
prescribing requirements described in subsection (a) of this section
whenever compliance with such voluntary standards would eliminate or
adequately reduce the risk of injury addressed and it is likely that
there will be substantial compliance with such voluntary standards.
(2) The Commission shall devise procedures to monitor compliance with
any voluntary standards --
(A) upon which the Commission has relied under paragraph (1);
(B) which were developed with the participation of the Commission;
or
(C) whose development the Commission has monitored.
(c) Contribution of Commission to development cost
If any person participates with the Commission in the development of
a consumer product safety standard, the Commission may agree to
contribute to the person's cost with respect to such participation, in
any case in which the Commission determines that such contribution is
likely to result in a more satisfactory standard than would be developed
without such contribution, and that the person is financially
responsible. Regulations of the Commission shall set forth the items of
cost in which it may participate, and shall exclude any contribution to
the acquisition of land or buildings. Payments under agreements entered
into under this subsection may be made without regard to section 3324(a)
and (b) of title 31.
(Pub. L. 92-573, 7, Oct. 27, 1972, 86 Stat. 1212; Pub. L. 94-284,
6, 7, 8(a), May 11, 1976, 90 Stat. 505, 506; Pub. L. 95-631, 3, 4(
a)-(c), 5, Nov. 10, 1978, 92 Stat. 3742-3744; Pub. L. 97-35, title XII,
1202, Aug. 13, 1981, 95 Stat. 703; Pub. L. 101-608, title I, 107( a),
Nov. 16, 1990, 104 Stat. 3111.)
In subsec. (c), ''section 3324(a) and (b) of title 31'' substituted
for ''section 3648 of the Revised Statutes of the United States (31 U.
S.C. 529)'' on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
1990 -- Subsec. (b). Pub. L. 101-608 designated existing provisions
as par. (1) and added par. (2).
1981 -- Subsec. (a). Pub. L. 97-35 amended subsec. (a) generally,
and in the requirements for consumer product safety standards, struck
out reference to composition, contents, design, construction, finish, or
packaging of consumer products, and struck out provision that the
requirements of the standards other than requirements relating to
labeling, warnings, or instructions, shall, whenever, feasible, be
expressed in terms of performance requirements.
Subsec. (b). Pub. L. 97-35 amended subsec. (b) generally,
substituting provisions relating to the reliance by the Commission upon
voluntary standards for provisions prescribing procedure for development
of consumer product safety standards.
Subsec. (c). Pub. L. 97-35 amended subsec. (c) generally,
substituting provisions relating to contribution by the Commission to
the development cost of consumer safety standards for provisions
relating to publication of proposed safety rules developed from existing
standards.
Subsec. (d). Pub. L. 97-35 struck out subsec. (d) which related to
the acceptance of offers to develop proposed standards and the
Commission's contribution to development costs.
Subsec. (e). Pub. L. 97-35 struck out subsec. (e) which related to
development of proposed safety rules by the Commission.
Subsec. (f). Pub. L. 97-35 struck out subsec. (f) which provided for
termination of rule-making proceedings and a statement relating to the
reasons therefor.
1978 -- Subsec. (b). Pub. L. 95-631, 3, designated existing
provision as par. (1), and in par. (1) as so redesignated,
redesignated pars. (1) to (4) as subpars. (A) and (D), in subpar. (D)
as so redesignated, inserted provision including as a means of
commencing a proceeding, a publication in the Federal Register of a
statement that the Commission intends to develop the proposed consumer
product safety standard, added subpar. (E), struck out provision that
the period specified within which the offeror of an accepted offer
develops the proposed standard be a period ending 150 days after the
date the offer was accepted unless the Commission for good cause found,
and included such finding in the notice that a different period was
appropriate, and added par. (2).
Subsec. (c). Pub. L. 95-631, 5, amended subsec. (c) generally,
inserting provisions relating to subsec. (b)(1)(D) and striking out
provisions for publication of a proposed consumer product safety rule,
in lieu of acceptance of an offer under subsec. (d), where a standard
had been issued or adopted by any Federal agency or by any other
qualified agency, organization, or institution and the standard if
promulgated under the chapter would eliminate or reduce the unreasonable
risk of injury associated with the product.
Subsec. (d)(1). Pub. L. 95-631, 4(a)(1), inserted ''subsection (b)(
2) and by'' after ''as provided by'' and substituted references to
subsec. (b)(1)(D)(ii)(I) for (b)(4)(B) of this section and subsec.
(b)(1)(E) for (b) of this section.
Subsec. (d)(2). Pub. L. 95-631, 4(a)(2)(A)-(C), inserted in first
sentence ''or if any person participates with the Commission in the
development of a consumer product safety standard under subsection (b)(
2)(A) or subsection (e) of this section'' after ''under this
subsection'', ''or the person's cost with respect to such
participation'' after ''safety standards'' and ''or person'' after
''offeror''.
Subsec. (d)(4). Pub. L. 95-631, 4(a)(3), added par. (4).
Subsec. (e). Pub. L. 95-631, (4)(b), amended provisions generally,
and among other changes, substituted references to subsec. (b)(1)(D)(
ii)(I) of this section for prior references to subsec. (b) of this
section, and struck out par. (3) defining the development period, now
covered in subsec. (b)(1)(E) of this section.
Subsec. (f). Pub. L. 95-631, 4(c), amended provisions generally, and
among other changes, reduced the period within which to publish a
proposed consumer product safety standard to forty-five days from 150
days and required the publication in the Federal Register of the reasons
for not publishing the proposed standard, including a statement
indicative of the taking of other approaches such as a voluntary
consumer safety standard adopted by persons to be subject to the
proposed standard.
1976 -- Subsec. (a). Pub. L. 94-284, 6, designated existing
provision as par. (1), redesignated as subpars. (A) and (B) existing
pars. (1) and (2), and added par. (2).
Subsec. (b). Pub. L. 94-284, 7(a), substituted ''date the offer is
accepted'' for ''publication of notice'' in provision following par.
(4)(B).
Subsec. (d)(2). Pub. L. 94-284, 8(a), inserted provision which
permits the Commission to advance public moneys without the need of
authorized appropriations as required by section 529 of title 31.
Subsec. (e). Pub. L. 94-284, 7(b), permitted the Commission to
develop and publish a proposed consumer safety product rule if the
development period as specified in par. (3) ends.
Subsec. (f). Pub. L. 94-284, 7(c), provided that if within 60 days
after publication of notice for a proceeding for the development of a
consumer product safety standard (or longer if the Commission so
prescribe), no offer is submitted or none is acceptable, the Commission
terminate the proceeding or develop proposals of its own, which
proposals be published as a rule within 150 days after the expiration of
the 60 day period or the proceeding then terminated, and that if an
offer is accepted within the 60 day period, then within 210 days after
acceptance, the Commission must publish the proposal as a rule or
terminate the proceeding.
Amendment by Pub. L. 97-35 applicable with respect to regulations
under this chapter and chapters 25 and 30 of this title for which
notices of proposed rulemaking are issued after Aug. 14, 1981, see
section 1215 of Pub. L. 97-35, set out as a note under section 2052 of
this title.
Section 203 of Pub. L. 101-608 provided that:
''(a) Consumer Product Safety Rule. -- The provisions of subsection
(b) shall be considered to be a consumer product safety rule issued by
the Consumer Product Safety Commission under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058).
''(b) Requirements. --
''(1) Effective on and after January 1, 1991, each automatic
residential garage door opener manufactured on or after that date for
sale in the United States shall conform to the entrapment protection
requirements of the American National Standards Institute Underwriters
Laboratories, Inc. Standards for Safety -- UL 325, third edition, as
revised May 4, 1988.
''(2)(A) Effective on and after January 1, 1993, all residential
automatic garage door openers manufactured on and after such date for
sale in the United States shall conform to any additional entrapment
protection requirements of the American National Standards Institute
Underwriters Laboratories, Inc. Standards for Safety -- UL 325, third
edition, which were issued after the date of the enactment of this Act
(Nov. 16, 1990) to become effective on or before January 1, 1993.
''(B) If, by June 1, 1992, the Underwriters Laboratories, Inc., has
not issued a revision to the May 4, 1988, Standards for Safety -- UL
325, third edition, to require an entrapment protection feature or
device in addition to that required by the May 4, 1988, Standard, the
Consumer Product Safety Commission shall begin a rulemaking proceeding,
to be completed no later than October 31, 1992, to require an additional
such feature or device on all automatic residential garage door openers
manufactured on or after January 1, 1993, for sale in the United States.
If such a revision is issued by the Underwriters Laboratories, Inc.
after the rulemaking has commenced, the rulemaking shall be terminated
and the revision shall be incorporated in the consumer product safety
rule under subsection (a) unless the Commission has determined under
subsection (c) that such revision does not carry out the purposes of
subsection (b).
''(c) Revision of Rule. -- If, after June 1, 1992, or the date of a
revision described in subsection (b)(2)(B) if later, the Underwriters
Laboratories, Inc. proposes to further revise the entrapment protection
requirements of the American National Standards Institute Underwriters
Laboratories, Inc. Standards for Safety -- UL 325, third edition, the
Laboratories shall notify the Consumer Product Safety Commission of the
proposed revision and the proposed revision shall be incorporated in the
consumer product safety rule under subsection (a) unless, within 30 days
of such notice, the Commission notifies the Laboratories that the
Commission has determined that such revision does not carry out the
purposes of subsection (b).
''(d) Labeling. -- On and after January 1, 1991, a manufacturer
selling or offering for sale in the United States an automatic
residential garage door opener manufactured on or after January 1, 1991,
shall clearly identify on any container of the system and on the system
the month or week and year the system was manufactured and its
conformance with the requirements of subsection (b). The display of the
UL logo or listing mark, and compliance with the date marking
requirements of UL 325, on both the container and the system, shall
satisfy the requirements of this subsection.
''(e) Notification. -- Effective on and after July 1, 1991, all
manufacturers of automatic residential garage door openers shall, in
consultation with the Consumer Product Safety Commission, notify the
public of the potential for entrapment by garage doors equipped with
automatic garage door openers and advise the public to test their
openers for the entrapment protection feature or device required by
subsection (b).
''(f) Preemption. -- In applying section 26(a) of the Consumer
Product Safety Act (15 U.S.C. 2075) (15 U.S.C. 2075(a)) with respect to
the consumer product safety rule of the Consumer Product Safety
Commission under subsection (a), only those provisions of laws of States
or political subdivisions which relate to the labeling of automatic
residential garage door openers and those provisions which do not
provide at least the equivalent degree of protection from the risk of
injury associated with automatic residential garage door openers as the
consumer product safety rule provides shall be subject to such section.
''(g) Regulations. -- Section 553 of title 5, United States Code,
shall apply with respect to the issuance of any regulations by the
Consumer Product Safety Commission to implement the requirements of this
section and sections 7 and 9 of the Consumer Product Safety Act (15
U.S.C. 2056, 2058) do not apply to such issuance. Any additional or
revised requirement issued by the Commission shall provide an adequate
degree of protection to the public.
''(h) Construction. -- Nothing in this section shall affect or modify
in any way the obligations or liabilities of any person under the common
law or any Federal or State law.''
15 USC 2057. Banned hazardous products
TITLE 15 -- COMMERCE AND TRADE
Whenever the Commission finds that --
(1) a consumer product is being, or will be, distributed in commerce
and such consumer product presents an unreasonable risk of injury; and
(2) no feasible consumer product safety standard under this chapter
would adequately protect the public from the unreasonable risk of injury
associated with such product,
the Commission may, in accordance with section 2058 of this title,
promulgate a rule declaring such product a banned hazardous product.
(Pub. L. 92-573, 8, Oct. 27, 1972, 86 Stat. 1215; Pub. L. 97-35,
title XII, 1203(c), Aug. 13, 1981, 95 Stat. 713.)
1981 -- Pub. L. 97-35 substituted ''may, in accordance with'' for
''may propose and, in accordance with''.
Amendment by Pub. L. 97-35 applicable with respect to regulations
under this chapter and chapters 25 and 30 of this title for which
notices of proposed rulemaking are issued after Aug. 14, 1981, see
section 1215 of Pub. L. 97-35, set out as a note under section 2052 of
this title.
15 USC 2057a. Banning of butyl nitrite
TITLE 15 -- COMMERCE AND TRADE
(a) In general
Except as provided in subsection (b) of this section, butyl nitrite
shall be considered a banned hazardous product under section 2057 of
this title.
(b) Lawful purposes
For the purposes of section 2057 of this title, it shall not be
unlawful for any person to manufacture for sale, offer for sale,
distribute in commerce, or import into the United States butyl nitrite
for any commercial purpose or any other purpose approved under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
(c) Definitions
For purposes of this section:
(1) The term ''butyl nitrite'' includes n-butyl nitrite, isobutyl
nitrite, secondary butyl nitrite, tertiary butyl nitrite, and mixtures
containing these chemicals.
(2) The term ''commercial purpose'' means any commercial purpose
other than for the production of consumer products containing butyl
nitrite that may be used for inhaling or otherwise introducing butyl
nitrite into the human body for euphoric or physical effects.
(d) Effective date
This section shall take effect 90 days after November 18, 1988.
(Pub. L. 100-690, title II, 2404, Nov. 18, 1988, 102 Stat. 4231.)
The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
(b), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which
is classified generally to chapter 9 ( 301 et seq.) of Title 21, Food
and Drugs. For complete classification of this Act to the Code, see
section 301 of Title 21 and Tables.
Section was enacted as part of the Anti-Drug Abuse Act of 1988 and
also as part of the Comprehensive Alcohol Abuse, Drug Abuse, and Mental
Health Amendments Act of 1988, and not as part of the Consumer Product
Safety Act which comprises this chapter.
15 USC 2057b. Banning of isopropal nitrite and other nitrites
TITLE 15 -- COMMERCE AND TRADE
(a) In general
Except as provided in subsection (b) of this section, volatile alkyl
nitrite shall be considered a banned hazardous product under section
2057 of this title.
(b) Lawful purposes
For the purposes of section 2057 of this title, it shall not be
unlawful for any person to manufacture for sale, offer for sale,
distribute in commerce, or import into the United States volatile alkyl
nitrites for any commercial purpose or any other purpose approved under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
(c) ''Commercial purpose'' defined
For purposes of this section, the term ''commercial purpose'' means
any commercial purpose other than for the production of consumer
products containing volatile alkyl nitrites that may be used for
inhaling or otherwise introducing volatile alkyl nitrites into the human
body for euphoric or physical effects.
(d) Effective date
This section shall take effect 90 days after November 29, 1990.
(Pub. L. 101-647, title XXXII, 3202, Nov. 29, 1990, 104 Stat. 4917.)
The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
(b), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which
is classified generally to chapter 9 ( 301 et seq.) of Title 21, Food
and Drugs. For complete classification of this Act to the Code, see
section 301 of Title 21 and Tables.
Section was enacted as part of the Crime Control Act of 1990, and not
as part of the Consumer Product Safety Act which comprises this chapter.
15 USC 2058. Procedure for consumer product safety rules
TITLE 15 -- COMMERCE AND TRADE
(a) Commencement of proceeding; publication of prescribed notice of
proposed rulemaking; transmittal of notice
A proceeding for the development of a consumer product safety rule
shall be commenced by the publication in the Federal Register of an
advance notice of proposed rulemaking which shall --
(1) identify the product and the nature of the risk of injury
associated with the product;
(2) include a summary of each of the regulatory alternatives under
consideration by the Commission (including voluntary consumer product
safety standards);
(3) include information with respect to any existing standard known
to the Commission which may be relevant to the proceedings, together
with a summary of the reasons why the Commission believes preliminarily
that such standard does not eliminate or adequately reduce the risk of
injury identified in paragraph (1);
(4) invite interested persons to submit to the Commission, within
such period as the Commission shall specify in the notice (which period
shall not be less than 30 days or more than 60 days after the date of
publication of the notice), comments with respect to the risk of injury
identified by the Commission, the regulatory alternatives being
considered, and other possible alternatives for addressing the risk;
(5) invite any person (other than the Commission) to submit to the
Commission, within such period as the Commission shall specify in the
notice (which period shall not be less than 30 days after the date of
publication of the notice), an existing standard or a portion of a
standard as a proposed consumer product safety standard; and
(6) invite any person (other than the Commission) to submit to the
Commission, within such period as the Commission shall specify in the
notice (which period shall not be less than 30 days after the date of
publication of the notice), a statement of intention to modify or
develop a voluntary consumer product safety standard to address the risk
of injury identified in paragraph (1) together with a description of a
plan to modify or develop the standard.
The Commission shall transmit such notice within 10 calendar days to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of Representatives.
(b) Voluntary standard; publication as proposed rule; notice of
reliance of Commission on standard
(1) If the Commission determines that any standard submitted to it in
response to an invitation in a notice published under subsection (a)(5)
of this section if promulgated (in whole, in part, or in combination
with any other standard submitted to the Commission or any part of such
a standard) as a consumer product safety standard, would eliminate or
adequately reduce the risk of injury identified in the notice under
subsection (a)(1) of this section, the Commission may publish such
standard, in whole, in part, or in such combination and with nonmaterial
modifications, as a proposed consumer product safety rule.
(2) If the Commission determines that --
(A) compliance with any standard submitted to it in response to an
invitation in a notice published under subsection (a)(6) of this section
is likely to result in the elimination or adequate reduction of the risk
of injury identified in the notice, and
(B) it is likely that there will be substantial compliance with such
standard,
the Commission shall terminate any proceeding to promulgate a
consumer product safety rule respecting such risk of injury and shall
publish in the Federal Register a notice which includes the
determination of the Commission and which notifies the public that the
Commission will rely on the voluntary standard to eliminate or reduce
the risk of injury, except that the Commission shall terminate any such
proceeding and rely on a voluntary standard only if such voluntary
standard is in existence. For purposes of this section, a voluntary
standard shall be considered to be in existence when it is finally
approved by the organization or other person which developed such
standard, irrespective of the effective date of the standard. Before
relying upon any voluntary consumer product safety standard, the
Commission shall afford interested persons (including manufacturers,
consumers, and consumer organizations) a reasonable opportunity to
submit written comments regarding such standard. The Commission shall
consider such comments in making any determination regarding reliance on
the involved voluntary standard under this subsection.
(c) Publication of proposed rule; preliminary regulatory analysis;
contents; transmittal of notice
No consumer product safety rule may be proposed by the Commission
unless, not less than 60 days after publication of the notice required
in subsection (a) of this section, the Commission publishes in the
Federal Register the text of the proposed rule, including any
alternatives, which the Commission proposes to promulgate, together with
a preliminary regulatory analysis containing --
(1) a preliminary description of the potential benefits and potential
costs of the proposed rule, including any benefits or costs that cannot
be quantified in monetary terms, and an identification of those likely
to receive the benefits and bear the costs;
(2) a discussion of the reasons any standard or portion of a standard
submitted to the Commission under subsection (a)(5) of this section was
not published by the Commission as the proposed rule or part of the
proposed rule;
(3) a discussion of the reasons for the Commission's preliminary
determination that efforts proposed under subsection (a)(6) of this
section and assisted by the Commission as required by section 2054(a)(
3) of this title would not, within a reasonable period of time, be
likely to result in the development of a voluntary consumer product
safety standard that would eliminate or adequately reduce the risk of
injury addressed by the proposed rule; and
(4) a description of any reasonable alternatives to the proposed
rule, together with a summary description of their potential costs and
benefits, and a brief explanation of why such alternatives should not be
published as a proposed rule.
The Commission shall transmit such notice within 10 calendar days to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of Representatives.
Any proposed consumer product safety rule shall be issued within twelve
months after the date of publication of an advance notice of proposed
rulemaking under subsection (a) of this section relating to the product
involved, unless the Commission determines that such proposed rule is
not reasonably necessary to eliminate or reduce the risk of injury
associated with the product or is not in the public interest. The
Commission may extend the twelve-month period for good cause. If the
Commission extends such period, it shall immediately transmit notice of
such extension to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce of the House of
Representatives. Such notice shall include an explanation of the reasons
for such extension, together with an estimate of the date by which the
Commission anticipates such rulemaking will be completed. The
Commission shall publish notice of such extension and the information
submitted to the Congress in the Federal Register.
(d) Promulgation of rule; time
(1) Within 60 days after the publication under subsection (c) of this
section of a proposed consumer product safety rule respecting a risk of
injury associated with a consumer product, the Commission shall --
(A) promulgate a consumer product safety rule respecting the risk of
injury associated with such product, if it makes the findings required
under subsection (f) of this section, or
(B) withdraw the applicable notice of proposed rulemaking if it
determines that such rule is not (i) reasonably necessary to eliminate
or reduce an unreasonable risk of injury associated with the product, or
(ii) in the public interest;
except that the Commission may extend such 60-day period for good
cause shown (if it publishes its reasons therefor in the Federal
Register).
(2) Consumer product safety rules shall be promulgated in accordance
with section 553 of title 5, except that the Commission shall give
interested persons an opportunity for the oral presentation of data,
views, or arguments, in addition to an opportunity to make written
submissions. A transcript shall be kept of any oral presentation.
(e) Expression of risk of injury; consideration of available product
data; needs of elderly and handicapped
A consumer product safety rule shall express in the rule itself the
risk of injury which the standard is designed to eliminate or reduce.
In promulgating such a rule the Commission shall consider relevant
available product data including the results of research, development,
testing, and investigation activities conducted generally and pursuant
to this chapter. In the promulgation of such a rule the Commission
shall also consider and take into account the special needs of elderly
and handicapped persons to determine the extent to which such persons
may be adversely affected by such rule.
(f) Findings; final regulatory analysis; judicial review of rule
(1) Prior to promulgating a consumer product safety rule, the
Commission shall consider, and shall make appropriate findings for
inclusion in such rule with respect to --
(A) the degree and nature of the risk of injury the rule is designed
to eliminate or reduce;
(B) the approximate number of consumer products, or types or classes
thereof, subject to such rule;
(C) the need of the public for the consumer products subject to such
rule, and the probable effect of such rule upon the utility, cost, or
availability of such products to meet such need; and
(D) any means of achieving the objective of the order while
minimizing adverse effects on competition or disruption or dislocation
of manufacturing and other commercial practices consistent with the
public health and safety.
(2) The Commission shall not promulgate a consumer product safety
rule unless it has prepared, on the basis of the findings of the
Commission under paragraph (1) and on other information before the
Commission, a final regulatory analysis of the rule containing the
following information:
(A) A description of the potential benefits and potential costs of
the rule, including costs and benefits that cannot be quantified in
monetary terms, and the identification of those likely to receive the
benefits and bear the costs.
(B) A description of any alternatives to the final rule which were
considered by the Commission, together with a summary description of
their potential benefits and costs and a brief explanation of the
reasons why these alternatives were not chosen.
(C) A summary of any significant issues raised by the comments
submitted during the public comment period in response to the
preliminary regulatory analysis, and a summary of the assessment by the
Commission of such issues.
The Commission shall publish its final regulatory analysis with the
rule.
(3) The Commission shall not promulgate a consumer product safety
rule unless it finds (and includes such finding in the rule) --
(A) that the rule (including its effective date) is reasonably
necessary to eliminate or reduce an unreasonable risk of injury
associated with such product;
(B) that the promulgation of the rule is in the public interest;
(C) in the case of a rule declaring the product a banned hazardous
product, that no feasible consumer product safety standard under this
chapter would adequately protect the public from the unreasonable risk
of injury associated with such product;
(D) in the case of a rule which relates to a risk of injury with
respect to which persons who would be subject to such rule have adopted
and implemented a voluntary consumer product safety standard, that --
(i) compliance with such voluntary consumer product safety standard
is not likely to result in the elimination or adequate reduction of such
risk of injury; or
(ii) it is unlikely that there will be substantial compliance with
such voluntary consumer product safety standard;
(E) that the benefits expected from the rule bear a reasonable
relationship to its costs; and
(F) that the rule imposes the least burdensome requirement which
prevents or adequately reduces the risk of injury for which the rule is
being promulgated.
(4)(A) Any preliminary or final regulatory analysis prepared under
subsection (c) or (f)(2) of this section shall not be subject to
independent judicial review, except that when an action for judicial
review of a rule is instituted, the contents of any such regulatory
analysis shall constitute part of the whole rulemaking record of agency
action in connection with such review.
(B) The provisions of subparagraph (A) shall not be construed to
alter the substantive or procedural standards otherwise applicable to
judicial review of any action by the Commission.
(g) Effective date of rule or standard; stockpiling of product
(1) Each consumer product safety rule shall specify the date such
rule is to take effect not exceeding 180 days from the date promulgated,
unless the Commission finds, for good cause shown, that a later
effective date is in the public interest and publishes its reasons for
such finding. The effective date of a consumer product safety standard
under this chapter shall be set at a date at least 30 days after the
date of promulgation unless the Commission for good cause shown
determines that an earlier effective date is in the public interest. In
no case may the effective date be set at a date which is earlier than
the date of promulgation. A consumer product safety standard shall be
applicable only to consumer products manufactured after the effective
date.
(2) The Commission may by rule prohibit a manufacturer of a consumer
product from stockpiling any product to which a consumer product safety
rule applies, so as to prevent such manufacturer from circumventing the
purpose of such consumer product safety rule. For purposes of this
paragraph, the term ''stockpiling'' means manufacturing or importing a
product between the date of promulgation of such consumer product safety
rule and its effective date at a rate which is significantly greater (as
determined under the rule under this paragraph) than the rate at which
such product was produced or imported during a base period (prescribed
in the rule under this paragraph) ending before the date of promulgation
of the consumer product safety rule.
(h) Amendment or revocation of rule
The Commission may by rule amend or revoke any consumer product
safety rule. Such amendment or revocation shall specify the date on
which it is to take effect which shall not exceed 180 days from the date
the amendment or revocation is published unless the Commission finds for
good cause shown that a later effective date is in the public interest
and publishes its reasons for such finding. Where an amendment involves
a material change in a consumer product safety rule, sections 2056 and
2057 of this title, and subsections (a) through (g) of this section
shall apply. In order to revoke a consumer product safety rule, the
Commission shall publish a proposal to revoke such rule in the Federal
Register, and allow oral and written presentations in accordance with
subsection (d)(2) of this section. It may revoke such rule only if it
determines that the rule is not reasonably necessary to eliminate or
reduce an unreasonable risk of injury associated with the product.
Section 2060 of this title shall apply to any amendment of a consumer
product safety rule which involves a material change and to any
revocation of a consumer product safety rule, in the same manner and to
the same extent as such section applies to the Commission's action in
promulgating such a rule.
(i) Petition to initiate rulemaking
The Commission shall grant, in whole or in part, or deny any petition
under section 553(e) of title 5 requesting the Commission to initiate a
rulemaking, within a reasonable time after the date on which such
petition is filed. The Commission shall state the reasons for granting
or denying such petition. The Commission may not deny any such petition
on the basis of a voluntary standard unless the voluntary standard is in
existence at the time of the denial of the petition, the Commission has
determined that the voluntary standard is likely to result in the
elimination or adequate reduction of the risk of injury identified in
the petition, and it is likely that there will be substantial compliance
with the standard.
(Pub. L. 92-573, 9, Oct. 27, 1972, 86 Stat. 1215; Pub. L. 94-284, 9,
May 11, 1976, 90 Stat. 506; Pub. L. 95-631, 4(d), Nov. 10, 1978, 92
Stat. 3744; Pub. L. 97-35, title XII, 1203(a), Aug. 13, 1981, 95 Stat.
704; Pub. L. 101-608, title I, 108(a), 109, 110(a), Nov. 16, 1990, 104
Stat. 3112, 3113.)
1990 -- Subsec. (b)(2). Pub. L. 101-608, 108(a), struck out period
at end and inserted '', except that the Commission shall terminate any
such proceeding and rely on a voluntary standard only if such voluntary
standard is in existence. For purposes of this section, a voluntary
standard shall be considered to be in existence when it is finally
approved by the organization or other person which developed such
standard, irrespective of the effective date of the standard. Before
relying upon any voluntary consumer product safety standard, the
Commission shall afford interested persons (including manufacturers,
consumers, and consumer organizations) a reasonable opportunity to
submit written comments regarding such standard. The Commission shall
consider such comments in making any determination regarding reliance on
the involved voluntary standard under this subsection.''
Subsec. (c). Pub. L. 101-608, 109, inserted at end ''Any proposed
consumer product safety rule shall be issued within twelve months after
the date of publication of an advance notice of proposed rulemaking
under subsection (a) relating to the product involved, unless the
Commission determines that such proposed rule is not reasonably
necessary to eliminate or reduce the risk of injury associated with the
product or is not in the public interest. The Commission may extend the
twelve-month period for good cause. If the Commission extends such
period, it shall immediately transmit notice of such extension to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of Representatives. Such
notice shall include an explanation of the reasons for such extension,
together with an estimate of the date by which the Commission
anticipates such rulemaking will be completed. The Commission shall
publish notice of such extension and the information submitted to the
Congress in the Federal Register.''
Subsec. (i). Pub. L. 101-608, 110(a), added subsec. (i).
1981 -- Subsec. (a). Pub. L. 97-35 amended subsec. (a) generally,
substituting provisions for the commencement of rule-making proceedings
by the publication of a notice of proposed rule-making for provisions
for the promulgation of rule after publication of a notice according to
specified provisions of law and to withdraw applicable notice of
proceeding upon determination that such rule was not reasonably
necessary to eliminate or reduce an unreasonable risk of injury
associated with the product or that it was in the public interest, and
providing for certain other procedural safeguards.
Subsec. (b). Pub. L. 97-35 amended subsec. (b) generally,
substituting provisions relating to the publication of a voluntary
standard as a proposed consumer product safety rule and notice of
reliance by the Commission on such standard for provisions that a
consumer product safety rule shall express the risk of injury which the
standard is designed to eliminate or reduce.
Subsec. (c). Pub. L. 97-35 amended subsec. (c) generally,
substituting provisions relating to the publication in the Federal
Register of the text of the proposed rule, including alternatives, with
a preliminary regulatory analysis, and for the transmittal of such
notice to certain committees of Congress for provisions relating to the
requirement that the Commission make appropriate findings with respect
to certain specified factors for inclusion in a consumer product safety
rule.
Subsec. (d). Pub. L. 97-35 amended subsec. (d) generally,
substituting provisions relating to the time for promulgation of the
rule in accordance with section 553 of title 5 or withdrawal of the
applicable notice for provisions relating to the effective dates for
rules and standards and the authority of the Commission to prohibit
stockpiling.
Subsec. (e). Pub. L. 97-35 amended subsec. (e) generally,
substituting provisions relating to the requirement that the consumer
product safety rule express the risk of injury which is to be eliminated
or reduced and requiring, that in promulgating the rule, the Commission
to consider available product data and the needs of the elderly and
handicapped persons for provisions relating to the amendment and
revocation of rules.
Subsecs. (f) to (h). Pub. L. 97-35 added subsecs. (f) to (h).
1978 -- Subsec. (a)(1), (2). Pub. L. 95-631 substituted in pars.
(1) and (2) reference to section 2056 of this title for prior reference
to section 2056(c), (e)(1), or (f) of this title.
1976 -- Subsec. (b). Pub. L. 94-284 inserted provision directing the
Commission to take into consideration the special needs of the elderly
and the handicapped in promulgating a consumer product safety rule.
Amendment by Pub. L. 97-35 applicable with respect to regulations
under this chapter and chapters 25 and 30 of this title for which
notices of proposed rulemaking are issued after Aug. 14, 1981, see
section 1215 of Pub. L. 97-35, set out as a note under section 2052 of
this title.
15 USC 2059. Repealed. Pub. L. 97-35, title XII, 1210, Aug. 13, 1981,
95 Stat. 721
TITLE 15 -- COMMERCE AND TRADE
Section, Pub. L. 92-573, 10, Oct. 27, 1972, 86 Stat. 1217; Pub.
L. 94-284, 10(a), May 11, 1976, 90 Stat. 506, related to filing of a
petition by an interested person for issuance, amendment, or revocation
of a consumer product safety rule.
Repeal effective Aug. 14, 1981, see section 1215 of Pub. L. 97-35,
set out as an Effective Date of 1981 Amendment note under section 2052
of this title.
15 USC 2060. Judicial review of consumer product safety rules
TITLE 15 -- COMMERCE AND TRADE
(a) Petition by persons adversely affected, consumers, or consumer
organizations
Not later than 60 days after a consumer product safety rule is
promulgated by the Commission, any person adversely affected by such
rule, or any consumer or consumer organization, may file a petition with
the United States court of appeals for the District of Columbia, or for
the circuit in which such person, consumer, or organization resides or
has his principal place of business for judicial review of such rule.
Copies of the petition shall be forthwith transmitted by the clerk of
the court to the Commission or other officer designated by it for that
purpose and to the Attorney General. The record of the proceedings on
which the Commission based its rule shall be filed in the court as
provided for in section 2112 of title 28. For purposes of this section,
the term ''record'' means such consumer product safety rule; any notice
or proposal published pursuant to section 2056, 2057, or 2058 of this
title; the transcript required by section 2058(d)(2) of this title of
any oral presentation; any written submission of interested parties;
and any other information which the Commission considers relevant to
such rule.
(b) Additional data, views, or arguments
If the petitioner applies to the court for leave to adduce additional
data, views, or arguments and shows to the satisfaction of the court
that such additional data, views, or arguments are material and that
there were reasonable grounds for the petitioner's failure to adduce
such data, views, or arguments in the proceeding before the Commission,
the court may order the Commission to provide additional opportunity for
the oral presentation of data, views, or arguments and for written
submissions. The Commission may modify its findings, or make new
findings by reason of the additional data, views, or arguments so taken
and shall file such modified or new findings, and its recommendation, if
any, for the modification or setting aside of its original rule, with
the return of such additional data, views, or arguments.
(c) Jurisdiction; costs and attorneys' fees; substantial evidence
to support administrative findings
Upon the filing of the petition under subsection (a) of this section
the court shall have jurisdiction to review the consumer product safety
rule in accordance with chapter 7 of title 5, and to grant appropriate
relief, including interim relief, as provided in such chapter. A court
may in the interest of justice include in such relief an award of the
costs of suit, including reasonable attorneys' fees (determined in
accordance with subsection (f) of this section /1/ and reasonable expert
witnesses' fees. Attorneys' fees may be awarded against the United
States (or any agency or official of the United States) without regard
to section 2412 of title 28 or any other provision of law. The consumer
product safety rule shall not be affirmed unless the Commission's
findings under sections 2058(f)(1) and 2058(f)(3) of this title are
supported by substantial evidence on the record taken as a whole.
(d) Supreme Court review
The judgment of the court affirming or setting aside, in whole or in
part, any consumer product safety rule shall be final, subject to review
by the Supreme Court of the United States upon certiorari or
certification, as provided in section 1254 of title 28.
(e) Other remedies
The remedies provided for in this section shall be in addition to and
not in lieu of any other remedies provided by law.
(f) Computation of reasonable fee for attorney
For purposes of this section and sections 2072(a) and 2073 of this
title, a reasonable attorney's fee is a fee (1) which is based upon (A)
the actual time expended by an attorney in providing advice and other
legal services in connection with representing a person in an action
brought under this section, and (B) such reasonable expenses as may be
incurred by the attorney in the provision of such services, and (2)
which is computed at the rate prevailing for the provision of similar
services with respect to actions brought in the court which is awarding
such fee.
(Pub. L. 92-573, 11, Oct. 27, 1972, 86 Stat. 1218; Pub. L. 94-284,
10(b), 11(a), May 11, 1976, 90 Stat. 507; Pub. L. 97-35, title XII,
1211(h)(1)-(3)(A), Aug. 13, 1981, 95 Stat. 723; Pub. L. 97-414, 9( j)(
2), Jan. 4, 1983, 96 Stat. 2064.)
1983 -- Subsec. (c). Pub. L. 97-414 substituted ''subsection (f) of
this section'' for ''section 2059(e)(4) of this title''.
1981 -- Subsec. (a). Pub. L. 97-35, 1211(h)(2), substituted
reference to section 2058(d)(2) of this title for reference to section
2058(a)(2) of this title.
Subsec. (c). Pub. L. 97-35, 1211(h)(1), substituted reference to
section 2058(f)(1) and (3) of this title for reference to section 2058(
c) of this title.
Subsec. (f). Pub. L. 97-35, 1211(h)(3)(A), added subsec. (f).
1976 -- Subsec. (a). Pub. L. 94-284, 11(a), permitted the Commission
to file the record of its proceedings on which its rule was based with
the court in lieu of transmitting the record to the Attorney General.
Subsec. (c). Pub. L. 94-284, 10(b), inserted provision permitting the
court to award costs, including reasonable attorneys' fees, in the
interest of justice.
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
1215 of Pub. L. 97-35, set out as a note under section 2052 of this
title.
/1/ So in original. Probably should be followed by a closing
parenthesis.
15 USC 2061. Imminent hazards
TITLE 15 -- COMMERCE AND TRADE
(a) Filing of action
The Commission may file in a United States district court an action
(1) against an imminently hazardous consumer product for seizure of such
product under subsection (b)(2) of this section, or (2) against any
person who is a manufacturer, distributor, or retailer of such product,
or (3) against both. Such an action may be filed notwithstanding the
existence of a consumer product safety rule applicable to such product,
or the pendency of any administrative or judicial proceedings under any
other provision of this chapter. As used in this section, and
hereinafter in this chapter, the term ''imminently hazardous consumer
product'' means a consumer product which presents imminent and
unreasonable risk of death, serious illness, or severe personal injury.
(b) Relief; product condemnation and seizure
(1) The district court in which such action is filed shall have
jurisdiction to declare such product an imminently hazardous consumer
product, and (in the case of an action under subsection (a)(2) of this
section) to grant (as ancillary to such declaration or in lieu thereof)
such temporary or permanent relief as may be necessary to protect the
public from such risk. Such relief may include a mandatory order
requiring the notification of such risk to purchasers of such product
known to the defendant, public notice, the recall, the repair or the
replacement of, or refund for, such product.
(2) In the case of an action under subsection (a)(1) of this section,
the consumer product may be proceeded against by process of libel for
the seizure and condemnation of such product in any United States
district court within the jurisdiction of which such consumer product is
found. Proceedings and cases instituted under the authority of the
preceding sentence shall conform as nearly as possible to proceedings in
rem in admiralty.
(c) Consumer product safety rule
Where appropriate, concurrently with the filing of such action or as
soon thereafter as may be practicable, the Commission shall initiate a
proceeding to promulgate a consumer product safety rule applicable to
the consumer product with respect to which such action is filed.
(d) Jurisdiction and venue; process; subpena
(1) An action under subsection (a)(2) of this section may be brought
in the United States district court for the District of Columbia or in
any judicial district in which any of the defendants is found, is an
inhabitant or transacts business; and process in such an action may be
served on a defendant in any other district in which such defendant
resides or may be found. Subpenas requiring attendance of witnesses in
such an action may run into any other district. In determining the
judicial district in which an action may be brought under this section
in instances in which such action may be brought in more than one
judicial district, the Commission shall take into account the
convenience of the parties.
(2) Whenever proceedings under this section involving substantially
similar consumer products are pending in courts in two or more judicial
districts, they shall be consolidated for trial by order of any such
court upon application reasonably made by any party in interest, upon
notice to all other parties in interest.
(e) Employment of attorneys by Commission
Notwithstanding any other provision of law, in any action under this
section, the Commission may direct attorneys employed by it to appear
and represent it.
(g) /1/ Cost-benefit analysis of compliance with relief ordered in
action for judicial review of consumer product safety rule not required
Nothing in this section shall be construed to require the Commission,
in determining whether to bring an action against a consumer product or
a person under this section, to prepare a comparison of the costs that
would be incurred in complying with the relief that may be ordered in
such action with the benefits to the public from such relief.
(Pub. L. 92-573, 12, Oct. 27, 1972, 86 Stat. 1218; Pub. L. 97-35,
title XII, 1205(a)(2), Aug. 13, 1981, 95 Stat. 716; Pub. L. 101-608,
title I, 111(a)(1), Nov. 16, 1990, 104 Stat. 3114.)
1990 -- Subsec. (g). Pub. L. 101-608 added subsec. (g).
1981 -- Subsecs. (d) to (f). Pub. L. 97-35 redesignated subsecs.
(e) and (f) as (d) and (e), respectively. Former subsec. (d), which
provided for consultation with the Product Safety Advisory Council by
the Commission prior to commencing an action, was struck out.
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
1215 of Pub. L. 97-35, set out as a note under section 2052 of this
title.
Admiralty and maritime rules of practice (which included libel
procedures) were superseded, and civil and admiralty procedures in
United States district courts were unified, effective July 1, 1966, see
rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims,
Title 28, Appendix, Judiciary and Judicial Procedure.
/1/ So in original. Probably should be ''(f)''.
15 USC 2062. Repealed. Pub. L. 97-35, title XII, 1211(b), Aug. 13,
1981, 95 Stat. 721
TITLE 15 -- COMMERCE AND TRADE
Section, Pub. L. 92-573, 13, Oct. 27, 1972, 86 Stat. 1219,
provided that Commission could prescribe procedures to insure that
manufacturer of a new consumer product notify Commission of new product
prior to its distribution.
Repeal effective Aug. 13, 1981, see section 1215 of Pub. L. 97-35,
set out as an Effective Date of 1981 Amendment note under section 2052
of this title.
15 USC 2063. Product certification and labeling
TITLE 15 -- COMMERCE AND TRADE
(a) Certification accompanying product; products with more than one
manufacturer
(1) Every manufacturer of a product which is subject to a consumer
product safety standard under this chapter and which is distributed in
commerce (and the private labeler of such product if it bears a private
label) shall issue a certificate which shall certify that such product
conforms to all applicable consumer product safety standards, and shall
specify any standard which is applicable. Such certificate shall
accompany the product or shall otherwise be furnished to any distributor
or retailer to whom the product is delivered. Any certificate under
this subsection shall be based on a test of each product or upon a
reasonable testing program; shall state the name of the manufacturer or
private labeler issuing the certificate; and shall include the date and
place of manufacture.
(2) In the case of a consumer product for which there is more than
one manufacturer or more than one private labeler, the Commission may by
rule designate one or more of such manufactuers or one or more of such
private labelers (as the case may be) as the persons who shall issue the
certificate required by paragraph (1) of this subsection, and may exempt
all other manufacturers of such product or all other private labelers of
the product (as the case may be) from the requirement under paragraph
(1) to issue a certificate with respect to such product.
(b) Rules to establish reasonable testing programs
The Commission may by rule prescribe reasonable testing programs for
consumer products which are subject to consumer product safety standards
under this chapter and for which a certificate is required under
subsection (a) of this section. Any test or testing program on the
basis of which a certificate is issued under subsection (a) of this
section may, at the option of the person required to certify the
product, be conducted by an independent third party qualified to perform
such tests or testing programs.
(c) Form and contents of labels
The Commission may by rule require the use and prescribe the form and
content of labels which contain the following information (or that
portion of it specified in the rule) --
(1) The date and place of manufacture of any consumer product.
(2) A suitable identification of the manufacturer of the consumer
product, unless the product bears a private label in which case it shall
identify the private labeler and shall also contain a code mark which
will permit the seller of such product to identify the manufacturer
thereof to the purchaser upon his request.
(3) In the case of a consumer product subject to a consumer product
safety rule, a certification that the product meets all applicable
consumer product safety standards and a specification of the standards
which are applicable.
Such labels, where practicable, may be required by the Commission to
be permanently marked on or affixed to any such consumer product. The
Commission may, in appropriate cases, permit information required under
paragraphs (1) and (2) of this subsection to be coded.
(Pub. L. 92-573, 14, Oct. 27, 1972, 86 Stat. 1220.)
15 USC 2064. Substantial product hazards
TITLE 15 -- COMMERCE AND TRADE
(a) ''Substantial product hazard'' defined
For purposes of this section, the term ''substantial product hazard''
means --
(1) a failure to comply with an applicable consumer product safety
rule which creates a substantial risk of injury to the public, or
(2) a product defect which (because of the pattern of defect, the
number of defective products distributed in commerce, the severity of
the risk, or otherwise) creates a substantial risk of injury to the
public.
(b) Noncompliance with applicable consumer product safety rules;
product defects; notice to Commission by manufacturer, distributor, or
retailer
Every manufacturer of a consumer product distributed in commerce, and
every distributor and retailer of such product, who obtains information
which reasonably supports the conclusion that such product --
(1) fails to comply with an applicable consumer product safety rule
or with a voluntary consumer product safety standard upon which the
Commission has relied under section 2058 of this title;
(2) contains a defect which could create a substantial product hazard
described in subsection (a)(2) of this section; or
(3) creates an unreasonable risk of serious injury or death,
shall immediately inform the Commission of such failure to comply, of
such defect, or of such risk, unless such manufacturer, distributor, or
retailer has actual knowledge that the Commission has been adequately
informed of such defect, failure to comply, or such risk.
(c) Public notice of defect or failure to comply; mail notice
If the Commission determines (after affording interested persons,
including consumers and consumer organizations, an opportunity for a
hearing in accordance with subsection (f) of this section) that a
product distributed in commerce presents a substantial product hazard
and that notification is required in order to adequately protect the
public from such substantial product hazard, the Commission may order
the manufacturer or any distributor or retailer of the product to take
any one or more of the following actions:
(1) To give public notice of the defect or failure to comply.
(2) To mail notice to each person who is a manufacturer, distributor,
or retailer of such product.
(3) To mail notice to every person to whom the person required to
give notice knows such product was delivered or sold.
Any such order shall specify the form and content of any notice
required to be given under such order.
(d) Repair; replacement; refunds; action plan
If the Commission determines (after affording interested parties,
including consumers and consumer organizations, an opportunity for a
hearing in accordance with subsection (f) of this section) that a
product distributed in commerce presents a substantial product hazard
and that action under this subsection is in the public interest, it may
order the manufacturer or any distributor or retailer of such product to
take whichever of the following actions the person to whom the order is
directed elects:
(1) To bring such product into conformity with the requirements of
the applicable consumer product safety rule or to repair the defect in
such product.
(2) To replace such product with a like or equivalent product which
complies with the applicable consumer product safety rule or which does
not contain the defect.
(3) To refund the purchase price of such product (less a reasonable
allowance for use, if such product has been in the possession of a
consumer for one year or more (A) at the time of public notice under
subsection (c) of this section, or (B) at the time the consumer receives
actual notice of the defect or noncompliance, whichever first occurs).
An order under this subsection may also require the person to whom it
applies to submit a plan, satisfactory to the Commission, for taking
action under whichever of the preceding paragraphs of this subsection
under which such person has elected to act. The Commission shall
specify in the order the persons to whom refunds must be made if the
person to whom the order is directed elects to take action described in
paragraph (3). If an order under this subsection is directed to more
than one person, the Commission shall specify which person has the
election under this subsection. An order under this subsection may
prohibit the person to whom it applies from manufacturing for sale,
offering for sale, distributing in commerce, or importing into the
customs territory of the United States (as defined in general note 2 of
the Harmonized Tariff Schedule of the United States), or from doing any
combination of such actions, the product with respect to which the order
was issued.
(e) Reimbursement
(1) No charge shall be made to any person (other than a manufacturer,
distributor, or retailer) who avails himself of any remedy provided
under an order issued under subsection (d) of this section, and the
person subject to the order shall reimburse each person (other than a
manufacturer, distributor, or retailer) who is entitled to such a remedy
for any reasonable and foreseeable expenses incurred by such person in
availing himself of such remedy.
(2) An order issued under subsection (c) or (d) of this section with
respect to a product may require any person who is a manufacturer,
distributor, or retailer of the product to reimburse any other person
who is a manufacturer, distributor, or retailer of such product for such
other person's expenses in connection with carrying out the order, if
the Commission determines such reimbursement to be in the public
interest.
(f) Hearing
An order under subsection (c) or (d) of this section may be issued
only after an opportunity for a hearing in accordance with section 554
of title 5 except that, if the Commission determines that any person who
wishes to participate in such hearing is a part of a class of
participants who share an identity of interest, the Commission may limit
such person's participation in such hearing to participation through a
single representative designated by such class (or by the Commission if
such class fails to designate such a representative). Any settlement
offer which is submitted to the presiding officer at a hearing under
this subsection shall be transmitted by the officer to the Commission
for its consideration unless the settlement offer is clearly frivolous
or duplicative of offers previously made.
(g) Preliminary injunction
(1) If the Commission has initiated a proceeding under this section
for the issuance of an order under subsection (d) of this section with
respect to a product which the Commission has reason to believe presents
a substantial product hazard, the Commission (without regard to section
2076(b)(7) of this title) or the Attorney General may, in accordance
with section 2061(d)(1) of this title, apply to a district court of the
United States for the issuance of a preliminary injunction to restrain
the distribution in commerce of such product pending the completion of
such proceeding. If such a preliminary injunction has been issued, the
Commission (or the Attorney General if the preliminary injunction was
issued upon an application of the Attorney General) may apply to the
issuing court for extensions of such preliminary injunction.
(2) Any preliminary injunction, and any extension of a preliminary
injunction, issued under this subsection with respect to a product shall
be in effect for such period as the issuing court prescribes not to
exceed a period which extends beyond the thirtieth day from the date of
the issuance of the preliminary injunction (or, in the case of a
preliminary injunction which has been extended, the date of its
extension) or the date of the completion or termination of the
proceeding under this section respecting such product, whichever date
occurs first.
(3) The amount in controversy requirement of section 1331 of title 28
does not apply with respect to the jurisdiction of a district court of
the United States to issue or exend /1/ a preliminary injunction under
this subsection.
(h) Cost-benefit analysis of notification or other action not
required
Nothing in this section shall be construed to require the Commission,
in determining that a product distributed in commerce presents a
substantial product hazard and that notification or other action under
this section should be taken, to prepare a comparison of the costs that
would be incurred in providing notification or taking other action under
this section with the benefits from such notification or action.
(Pub. L. 92-573, 15, Oct. 27, 1972, 86 Stat. 1221; Pub. L. 94-284,
12(a), May 11, 1976, 90 Stat. 508; Pub. L. 97-35, title XII, 1211( h)(
4), Aug. 13, 1981, 95 Stat. 723; Pub. L. 97-414, 9(j)(3), (m), Jan. 4,
1983, 96 Stat. 2064, 2065; Pub. L. 100-418, title I, 1214(d), Aug. 23,
1988, 102 Stat. 1156; Pub. L. 101-608, title I, 111(a)(2), 112(a), 113,
Nov. 16, 1990, 104 Stat. 3114, 3115, 3117.)
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (d), is not set out in the Code. See Publication of Harmonized
Tariff Schedule note set out under section 1202 of Title 19, Customs
Duties.
1990 -- Subsec. (b). Pub. L. 101-608, 112(a)(4), (5), in concluding
provisions substituted ''comply, of such defect, or of such risk'' for
''comply or of such defect'' and ''defect, failure to comply, or such
risk'' for ''defect or failure to comply''.
Subsec. (b)(1). Pub. L. 101-608, 112(a)(1), inserted reference to
voluntary consumer product safety standard upon which Commission has
relied under section 2058 of this title.
Subsec. (b)(3). Pub. L. 101-608, 112(a)(2), (3), added par. (3).
Subsec. (f). Pub. L. 101-608, 113, inserted at end ''Any settlement
offer which is submitted to the presiding officer at a hearing under
this subsection shall be transmitted by the officer to the Commission
for its consideration unless the settlement offer is clearly frivolous
or duplicative of offers previously made.''
Subsec. (h). Pub. L. 101-608, 111(a)(2), added subsec. (h).
1988 -- Subsec. (d). Pub. L. 100-418 substituted ''general note 2 of
the Harmonized Tariff Schedule of the United States'' for ''general
headnote 2 to the Tariff Schedules of the United States'' in last
sentence.
1983 -- Subsec. (g)(1). Pub. L. 97-414 clarified previous
inconsistencies in 1982 amendment by substituting ''section 206(d)(1)''
for ''section 206(c)(1)'' and amending Pub. L. 97-35, 1211(h)(4), so as
to strike out direction that par. (1) be amended by inserting '',
Science and Transportation'' after ''on Commerce''.
1981 -- Subsec. (g)(1). Pub. L. 97-35, 1211(h)(4), substituted
reference to section 2061(c)(1) for reference to section 2061(e)(1), but
probably should have substituted instead reference to section 2061(
d)(1) in view of the redesignation of section 2061(e)(1) as section
2061(d)(1) by section 1205(a)(2) of Pub. L. 97-35 and the nonexistence
of a section 2061(c)(1) of this title. Provisions of Pub. L. 97-35
directing that '', Science and Transportation'' be inserted after ''on
Commerce'' could not be executed in view of lack of such language in
text. Section 1211(h)(4) of Pub. L. 97-35 was subsequently amended by
Pub. L. 97-414. See 1983 Amendment note above.
1976 -- Subsec. (d). Pub. L. 94-284, 12(a)(1), provided, in
provision following par. (3), that an order issued under this
subsection may prohibit the person to whom it applies from manufacturing
for sale, offering for sale, distributing in commerce, or importing into
the customs territory of the United States, the product for which the
order was issued.
Subsec. (g). Pub. L. 94-284, 12(a)(2), added subsec. (g).
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of Title 19, Customs Duties.
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
1215 of Pub. L. 97-35, set out as a note under section 2052 of this
title.
/1/ So in original. Probably should be ''extend''.
15 USC 2065. Inspection and recordkeeping
TITLE 15 -- COMMERCE AND TRADE
(a) For purposes of implementing this chapter, or rules or orders
prescribed under this chapter, officers or employees duly designated by
the Commission, upon presenting appropriate credentials and a written
notice from the Commission to the owner, operator, or agent in charge,
are authorized --
(1) to enter, at reasonable times, (A) any factory, warehouse, or
establishment in which consumer products are manufactured or held, in
connection with distribution in commerce, or (B) any conveyance being
used to transport consumer products in connection with distribution in
commerce; and
(2) to inspect, at reasonable times and in a reasonable manner such
conveyance or those areas of such factory, warehouse, or establishment
where such products are manufactured, held, or transported and which may
relate to the safety of such products. Each such inspection shall be
commenced and completed with reasonable promptness.
(b) Every person who is a manufacturer, private labeler, or
distributor of a consumer product shall establish and maintain such
records, make such reports, and provide such information as the
Commission may, by rule, reasonably require for the purposes of
implementing this chapter, or to determine compliance with rules or
orders prescribed under this chapter. Upon request of an officer or
employee duly designated by the Commission, every such manufacturer,
private labeler, or distributor shall permit the inspection of
appropriate books, records, and papers relevant to determining whether
such manufacturer, private labeler, or distributor has acted or is
acting in compliance with this chapter and rules under this chapter.
(Pub. L. 92-573, 16, Oct. 27, 1972, 86 Stat. 1222.)
15 USC 2066. Imported products
TITLE 15 -- COMMERCE AND TRADE
(a) Refusal of admission
Any consumer product offered for importation into the customs
territory of the United States (as defined in general note 2 of the
Harmonized Tariff Schedule of the United States) shall be refused
admission into such customs territory if such product --
(1) fails to comply with an applicable consumer product safety rule;
(2) is not accompanied by a certificate required by section 2063 of
this title, or is not labeled in accordance with regulations under
section 2063(c) of this title;
(3) is or has been determined to be an imminently hazardous consumer
product in a proceeding brought under section 2061 of this title;
(4) has a product defect which constitutes a substantial product
hazard (within the meaning of section 2064(a)(2)) of this title; or
(5) is a product which was manufactured by a person who the
Commission has informed the Secretary of the Treasury is in violation of
subsection (g) of this section.
(b) Samples
The Secretary of the Treasury shall obtain without charge and deliver
to the Commission, upon the latter's request, a reasonable number of
samples of consumer products being offered for import. Except for those
owners or consignees who are or have been afforded an opportunity for a
hearing in a proceeding under section 2061 of this title with respect to
an imminently hazardous product, the owner or consignee of the product
shall be afforded an opportunity by the Commission for a hearing in
accordance with section 554 of title 5 with respect to the importation
of such products into the customs territory of the United States. If it
appears from examination of such samples or otherwise that a product
must be refused admission under the terms of subsection (a) of this
section, such product shall be refused admission, unless subsection (c)
of this section applies and is complied with.
(c) Modification
If it appears to the Commission that any consumer product which may
be refused admission pursuant to subsection (a) of this section can be
so modified that it need not (under the terms of paragraphs (1) through
(4) of subsection (a) of this section) be refused admission, the
Commission may defer final determination as to the admission of such
product and, in accordance with such regulations as the Commission and
the Secretary of the Treasury shall jointly agree to, permit such
product to be delivered from customs custody under bond for the purpose
of permitting the owner or consignee an opportunity to so modify such
product.
(d) Supervision of modifications
All actions taken by an owner or consignee to modify such product
under subsection (c) of this section shall be subject to the supervision
of an officer or employee of the Commission and of the Department of the
Treasury. If it appears to the Commission that the product cannot be so
modified or that the owner or consignee is not proceeding satisfactorily
to modify such product, it shall be refused admission into the customs
territory of the United States, and the Commission may direct the
Secretary to demand redelivery of the product into customs custody, and
to seize the product in accordance with section 2071(b) of this title if
it is not so redelivered.
(e) Product destruction
Products refused admission into the customs territory of the United
States under this section must be exported, except that upon
application, the Secretary of the Treasury may permit the destruction of
the product in lieu of exportation. If the owner or consignee does not
export the product within a reasonable time, the Department of the
Treasury may destroy the product.
(f) Payment of expenses occasioned by refusal of admission
All expenses (including travel, per diem or subsistence, and salaries
of officers or employees of the United States) in connection with the
destruction provided for in this section (the amount of such expenses to
be determined in accordance with regulations of the Secretary of the
Treasury) and all expenses in connection with the storage, cartage, or
labor with respect to any consumer product refused admission under this
section, shall be paid by the owner or consignee and, in